Maryland officials are providing guidance about a new law that protects firefighters and rescue workers from being penalized over their lawful use of medical marijuana off the job—including announcing that they are establishing a process allowing first responders who work in Maryland but live out-of-state to register as legal medical cannabis patients.
Gov. Wes Moore (D) gave final approval to the measure in April after it cleared the Senate and House of Delegates, and it officially became operative on October 1.
The new policy, which was sponsored by Sen. Carl Jackson (D), generally says that first responders will not face employment discrimination or retaliation for testing positive for cannabis metabolites if they’re a registered patient and are not impaired on the job.
The Maryland Cannabis Administration (MCA), in a new guidance document, explained the law covers firefighters, emergency medical technicians, cardiac rescue technicians and paramedics employed by municipal corporations, fire control districts, the state of Maryland, counties within the state and the state airport authority.
Notably, MCA said that fire and rescue public safety employees who work in Maryland but do no live in the state are eligible to receive a written certification providing the employment protections.
“MCA is establishing a process for fire and rescue public safety employees who live out-of-state to register as medical patients,” the agency said. “This process is forthcoming.”
In the meantime, out-of-state workers who want to become certified medical cannabis patients in Maryland can fill out a form to express interest in being notified when the new application is available.
“MCA will not disclose any identifying information you include in this form to your employer,” the form said.
Meanwhile, the new guidance document said that fire and rescue workers cannot use medical cannabis recommendations from out-of-state doctors to qualify for the new employment protections.
“A written certification must be issued by a Maryland-registered certifying provider,” MCA said. “A certifying provider must be licensed with the MCA and is licensed and in good standing with their respective state health professional licensing board.”
Under the new law enacted last month, employers cannot “discipline, discharge, or otherwise discriminate against the fire and rescue public safety employee with respect to the employee’s compensation, terms, conditions, or privileges of employment” if they test positive while holding a medical cannabis registration.
Further, employers cannot “limit, segregate, or classify its employees in any way that would deprive or tend to deprive the fire and rescue public safety employee of employment opportunities or otherwise adversely affect the fire and rescue public safety employee’s status as an employee.”
Nothing in the legislation prohibits employers from taking action against an employee for showing up to work while under the influence of cannabis, and any instances where a public safety worker is found to be impaired while on duty will be reported to the State Emergency Medical Services Board.
The enactment of SB 439 came after years of attempts over recent sessions to enact the reform aimed at giving emergency service professionals the option to use cannabis as an alternative treatment for health conditions that commonly afflict the first responder community.
Del. Adrian Boafo (D) sponsored an identical bill, HB 797, that passed the House this session.
The change is “so critically important to our firefighters” and other rescue professionals who “work long shifts in tense emergencies and high-stress situations every day,” Boafo said at a committee hearing.
“Many experience chronic pain, injuries and anxiety as a direct result of serving our communities,” the lawmaker said. “Medical cannabis, when prescribed and used off duty, can help manage those conditions. But under current policies, firefighters who use medically prescribed cannabis can face retaliation or discipline from their employers, even when they’re following the law.”
“That leaves many of these public servants with a difficult choice: Either continue doing their jobs in pain, or turn to stronger prescription drug drugs, often opiates, just to get through the day,” Boafo said, while emphasizing that “nothing in this bill allows for impairment on the job” and that those who come to work impaired “will still face serious consequences and will be reported” to state emergency medical services regulators.
“Public safety remains a top priority here in Maryland, but our state must modernize its laws to protect employees who use medically certified cannabis responsibly and outside of the workplace,” he said. “Our firefighters and rescue professionals dedicate their lives to protecting us. They should not be punished for seeking legal, medically prescribed relief for the physical toll of that work.”
The enactment of the House and Senate cannabis bills comes a year after officials in Maryland’s most populous county said they were moving to loosen marijuana policies for would-be police officers in an effort to boost recruitment amid a staffing shortage.
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Also taking effect this month is a new Maryland law providing legal protections for veterinarians who recommend medical cannabis for animals.
Another proposal that Moore signed this session extends a psychedelics task force through the end of 2027 to develop updated recommendations on expanding therapeutic access to the novel drugs and potentially creating a regulatory framework for broader legalization.
Legislators also took up a bill this session to protect the gun rights of medical marijuana patients in the state, but it did not pass.
Photo courtesy of Philip Steffan.
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