Maryland Senate Passes Bill To Protect Firefighters And Rescue Workers From Being Punished For Medical Marijuana

The Maryland Senate committee has passed a bill to protect for fire and rescue workers from being penalized for off-duty use of medical marijuana.

The measure from Sen. Carl Jackson (D) cleared the chamber in a vote of 36-8 on Monday. It now heads to the House of Representatives, where companion legislation has also been filed this session but has not yet advanced.

Under the proposal, state law would be amended to codify that firefighters and other rescue workers who are registered medical cannabis patients could not be penalized over their participation in the state-legal program or for testing positive for marijuana.

Employers could not “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” based solely on a positive screening for THC metabolites.

They also could not “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,” the bill text says.

However, employers could continue to set zero-tolerance policies for on-duty impairment from cannabis.

NORML Deputy Director Paul Armentano celebrated the advancement of the reform measure.

“For the better part of the past year, NORML has worked alongside firefighters and other rescue workers on behalf of the enactment of these common-sense protections,” he told Marijuana Moment on Monday. “Several other states and counties have already adopted similar protections for public employees, including firefighters, and Maryland should do so as well. The use of medical cannabis use should never be grounds for discrimination of any kind.”

The bill was approved last week by the Senate Finance Committee, which adopted an amendment.

Initially the bill said that employers could specifically prohibit the use of marijuana within 12 hours of coming to the job, but language on the timeline was altered in committee due to concerns about the enforceability of the policy.

The amendment also clarifies that employers can prohibit on-duty intoxication from medical or adult-use marijuana products. The bill previously referenced only medical cannabis.

At an initial hearing before the Finance Committee earlier last week, the sponsor said “our brave fire and rescue personnel put their lives on the line daily to protect our communities, often at great personal risk.”

“It is imperative that we provide them with the access to the medical care they need, including physician-approved cannabis treatments, without fear of employment repercussions,” Jackson said.

“Firefighters endure extreme physical and psychological stress due to the nature of their work. Many suffer from chronic pain, post traumatic stress disorder and other debilitating conditions resulting from the hazards they face in the line of duty. Traditional treatment options such as opioids and other prescription medications can have dangerous side effects—including dependency, cognitive impairment and the reduced ability to function effectively. Medical cannabis has been recognized as a safer, viable alternative that will allow firefighters to manage their symptoms while maintaining their ability to perform at the highest level.”

“Despite proven medical benefits of cannabis, outdated employment policies continue to penalize firefighters who are unable to legally use it under a doctor supervision,” he continued. “This contradiction between medical necessity and employment policies places firefighters in an untenable position, forcing them to choose between their health and their career.”

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Companion legislation to the Senate bill has been filed in the House and is currently pending before the chamber’s Economic Matters committee.

The bill’s advancement comes about two months 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.

Meanwhile, Maryland Gov. Wes Moore (D) last month touted legislation in his State of the State address that would expand opportunities for people to have their criminal records for marijuana expunged, allowing people who violated terms of their parole or probation to petition courts to erase those records.

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