A bill working its way through the legislature would prevent employers from punishing firefighters and other rescue workers for using medical cannabis when they’re off the job.

The legislation’s supporters say it would treat medical cannabis in the same way as any prescription medication that can cause impairment, such as opioids. It would not allow firefighters or paramedics to be impaired on the job, but it would let them use cannabis for medical purposes on their own time, with permission from a doctor.

The Senate approved the bill this week; a companion bill in the House has yet to move.

The bill’s sponsor, Baltimore County Sen. Carl Jackson, said at a committee hearing last month that medical cannabis can help with the chronic pain, post-traumatic stress disorder and other conditions that affect firefighters and paramedics because of their difficult jobs. But “outdated” employment rules penalize those who use the drug, even under a doctor’s care, he said.

“This contradiction between medical necessity and employment policies places firefighters in an untenable position, forcing them to choose between their health and their career,” Jackson, a Democrat, said. “Such a choice is neither just nor in the best interest of public safety.”

Cannabis laws vary from state to state and the drug remains illegal at the federal level, creating a patchwork of statutes that can be difficult for employers and workers to navigate.

Medical cannabis has been legal in Maryland since 2014, and recreational cannabis became legal in 2023. But state law does not prevent employers from testing for cannabis use or taking action against employees who test positive, according to the Maryland Cannabis Administration.

Police officers in Maryland are not allowed to use cannabis, for example, and recent use of the drug can be disqualifying for the job.

Under Jackson’s bill, firefighters who have a doctor’s permission to use medical cannabis could not be penalized if they tested positive for the drug during a screening.

Jackson said he is starting small with firefighters and rescue workers, but he could see working to broaden the rule in the future.

“I recognize this is groundbreaking,” Jackson said. “In the state of Maryland, we don’t legislate cannabis policy for individual employers, but this is such an important thing for our firefighters to be able to utilize without having to worry about repercussions.”

The bill faced questions from lawmakers who were concerned about on-the-job impairment. There is no test that can measure someone’s current level of impairment from cannabis; urine testing can show whether someone has used cannabis recently but does not evaluate a person’s immediate mental state.

“I think we can all agree, cannabis is a depressant that slows your responses, your thought processes,” Sen. William Folden, a Republican who represents Frederick County, said during a debate over the bill. “I’m not sure I want someone who’s been smoking marijuana, who’s not required to submit to a test … rendering emergency services to someone who is in need of critical care.”

Folden helped add an amendment to the bill requiring that if a firefighter or rescue worker shows up to work while impaired by cannabis, their employer will report the incident to the state Emergency Medical Services Board.

Brad Klukas, who spoke in favor of the bill on behalf of Howard County Fire and Rescue Local 2000, also addressed on-the-job impairment in his testimony. Firefighters and emergency medical personnel are trained to recognize impairment, he said, whether it’s from prescription medications, cannabis or illicit substances.

“What we rely on in the fire service is our judgment as to whether that person is fit for duty or not,” he said