Maryland Law Protecting Firefighters and Rescue Workers Who Use Medical Marijuana Takes Effect October 1
- A new Maryland law (Senate Bill 439) effective October 1 protects firefighters and other covered rescue workers from employment discrimination based on lawful medical marijuana use.
- The law prohibits employers from disciplining, firing, or discriminating against employees with a valid medical marijuana certification, including protections related to compensation, working conditions, and job opportunities.
- The protections apply to firefighters, EMTs, cardiac rescue technicians, and paramedics working for municipalities, counties, the state, the State Airport Authority, or fire control districts.
- Employers can still ban on-duty marijuana use and require reporting of impairment, while federal law exceptions remain in place to avoid conflicts with federal regulations and funding.
(Photo credit: Hyattsville Volunteer Fire Department).
A Maryland law protecting firefighters and other covered rescue workers from employment discrimination over their lawful medical marijuana use takes effect Thursday, October 1.
Senate Bill 439, signed into law by Governor Wes Moore (D) on April 28, establishes protections for employees who hold a valid written certification for medical marijuana. The proposal was sponsored by Senator Carl Jackson (D) and it passed the Senate 33 to 11 and the House of Delegates 108 to 23.
Under the law, employers cannot discipline, fire or otherwise discriminate against covered employees based on their possession of a valid medical marijuana certification or a positive test for marijuana components or metabolites while holding that certification. The protections extend to compensation, employment conditions and job opportunities.
The law covers firefighters, emergency medical technicians, cardiac rescue technicians and paramedics employed by municipalities, counties, the state, the State Airport Authority or fire control districts.
Employers can continue prohibiting marijuana use while on duty and barring employees from performing their duties while impaired. If a covered employee reports for work impaired by marijuana, the employer must report the incident to the State Emergency Medical Services Board.
The legislation also preserves federal exceptions: Employers are not required to violate federal law or regulations, or take actions that would cost them federal monetary or licensing-related benefits.