Employment Discrimination - Fire and Rescue Public Safety Employees - Use of Medical Cannabis
Summary
SB1023 creates a narrow employment-discrimination protection for fire and rescue public safety employees who are valid medical cannabis patients. It amends Maryland’s employment discrimination law to prohibit an employer from disciplining, discharging, or otherwise discriminating against a firefighter, EMT, cardiac rescue technician, or paramedic based on the employee’s valid written certification for medical cannabis, or based on a positive test for cannabis components or metabolites while the employee holds that certification. The bill also bars employers from limiting, segregating, or classifying these employees in a way that would reduce employment opportunities because of that protected status.
The bill preserves employer authority in several important ways. It does not require an employer to violate federal law or lose a federal monetary or licensing benefit, and it expressly allows employers to prohibit employees from performing duties while impaired by medical cannabis. Employers may also prohibit use of medical cannabis within 12 hours before reporting for a work assignment while on duty. If a fire and rescue public safety employee reports to work impaired by cannabis, the employer must report the incident to the State Emergency Medical Services Board. The bill takes effect October 1, 2025.
Impact
SB1023 amends the State Government Article’s employment discrimination provisions and cross-references the medical cannabis definitions in the Alcoholic Beverages and Cannabis Article. Its practical effect is to carve out a specific anti-discrimination rule for public safety first responders in fire and rescue roles, while leaving intact existing employer policies on impairment, workplace safety, and compliance with federal law. The bill affects public employers and other covered employers that employ firefighters, EMTs, cardiac rescue technicians, and paramedics, and it adds a reporting obligation to the State Emergency Medical Services Board when impairment at work is reported.
Sentiment
The bill appears to have received generally favorable legislative treatment, moving through committee with a favorable-with-amendments report and passing third reading in the Senate by a 31-13 vote. That vote suggests meaningful support, but not unanimity, indicating the issue was accepted by a majority while still drawing some opposition. The absence of committee transcript material limits insight into detailed debate, but the final action history shows the bill advanced successfully with some amendments.
Contention
The main point of contention is the balance between protecting medical cannabis users and preserving workplace safety and compliance obligations for emergency responders. Supporters appear to favor shielding qualified public safety employees from adverse employment action solely because of lawful medical cannabis use, while opponents likely worry about impairment, fitness for duty, and the operational risks of cannabis use in emergency response settings. The bill addresses those concerns by allowing employers to bar on-duty impairment and pre-shift use within 12 hours, and by exempting conduct that would conflict with federal law or jeopardize federal benefits.