Maryland Bill Would Shield First Responders Using Medical Cannabis

Maryland lawmakers are taking another crack at protecting first responders who use medical marijuana during their off-hours. The Senate Finance Committee held a hearing Thursday on legislation that would prevent firefighters and emergency medical workers from facing job penalties for state-legal cannabis use.

Sen. Carl Jackson (D) is sponsoring the measure, which comes roughly a year after a similar bill passed the full Senate but died before becoming law. The renewed push reflects growing tension between Maryland's medical cannabis program—now in its eighth year—and workplace drug policies that treat all marijuana use as grounds for discipline.

The bill would create explicit protections for fire and rescue personnel who hold valid medical cannabis cards, provided they're not impaired on the job. That distinction matters. Maryland legalized adult-use cannabis in 2023, but employers retain broad authority to enforce zero-tolerance policies. Medical patients have some workplace protections under existing law, though first responders have been largely excluded from those safeguards.

Why First Responders Face Extra Scrutiny

Firefighters and EMTs work under stricter drug testing regimes than most Maryland workers. Many departments receive federal funding or follow federal safety standards, which still classify cannabis as a Schedule I controlled substance. That creates a legal gray area: state law says medical use is permitted, but federal guidelines—and department policies based on them—often mandate termination for any positive test.

The result is that first responders with qualifying conditions like PTSD, chronic pain, or anxiety disorders face a choice between legal medicine and their careers. Some turn to opioids or other pharmaceuticals with harsher side effects but clearer workplace acceptance.

Jackson's bill would shift that calculus by explicitly stating that off-duty medical cannabis use cannot be the sole basis for adverse employment action. Departments could still discipline workers who show up impaired or violate safety protocols, but a positive drug test alone wouldn't trigger automatic consequences.

Industry and Labor Implications

The legislation fits into a broader pattern across states with mature cannabis markets. Similar protections exist for various worker categories in New Jersey, New York, and Connecticut. But first responders remain a sticking point. Fire chiefs and police unions often resist these carve-outs, citing safety concerns and federal funding risks.

Maryland's medical cannabis market generated over $550 million in sales last year, with more than 150,000 active patient registrations. A significant but undisclosed portion of those patients work in public safety roles. Patient advocates argue the current system forces qualified individuals out of essential jobs or pushes them toward black market sources to avoid detection.

What Happens Next

The Finance Committee hasn't scheduled a vote yet. Last year's version cleared the Senate 32-15 before stalling in the House of Delegates, where concerns about impairment testing and federal compliance dominated debate.

This time around, sponsors hope Maryland's transition to adult-use legalization will ease concerns. With recreational sales now normalized, the argument goes, workplace protections for medical patients become harder to oppose on principle.

The legislative session runs through early April. If the bill advances, it would likely face amendments around testing protocols and impairment standards before reaching a floor vote. Jackson's office hasn't released text of the current version, making it unclear whether changes from last year's draft address previous objections.

For Maryland's first responders, the outcome could determine whether state-legal medicine remains off-limits in their profession.

This article is based on original reporting by www.marijuanamoment.net.