Members of the state Senate have approved legislation, SB 1023, prohibiting state and local officials from disciplining firefighters, EMTs, paramedics, or other rescue workers because of their off-the-job use of medical cannabis. The legislation now goes to the House for further consideration.

The legislation stipulates that fire and rescue public safety workers who are registered in the state’s medical cannabis access program cannot be “disciplined, discharged, or otherwise discriminated against” solely because they test positive for marijuana’s inert metabolites on a urinalysis screen. By contrast, any employee who reports for work under the influence of cannabis will be reported to the state’s emergency medical services board.

NORML’s Deputy Director Paul Armentano provided testimony in support of the bill, stating: “Over 120,000 residents are registered in Maryland to legally access medicinal cannabis products. This includes firefighters, EMTs, and other first-responders, who typically consume medical cannabis to mitigate symptoms of chronic pain, post-traumatic stress, and other serious health conditions. Just as patients taking traditional medications do not face punishment in the workplace unless their on-the-job performance is impaired, those who use medical cannabis during their off-hours should not face sanctions solely because of their status as a medical marijuana patient.”

For the better part of the past year, NORML has worked alongside representatives of the International Association of Firefighters Local 2000 (Howard County, MD) to advance these protections. In January, Armentano worked with alderpersons on the Annapolis City Council to successfully pass a municipal ordinance that abolished marijuana testing for nearly all of the city’s 600 public employees. (Annapolis is the state capital of Maryland.)

State lawmakers legalized medical cannabis access in 2014. Marijuana became legal in Maryland for adults in 2023. However, neither law includes protections for employees who consume cannabis while away from the job.

Jeff Buddle, President of the Professional Firefighters of Maryland, said, “On behalf of the Professional Fire Fighters of Maryland, representing over 10,000 fire fighters and emergency medical services personnel across the state, we thank Senator Carl Jackson (D-Baltimore County) for his steadfast support and leadership on this critically important issue.”

Brad Klukas, a representative of IAFF Local 2000 and the PFFMD, added, “It has been a privilege to testify in support of this bill. This represents a significant advancement for the health and well-being of my fellow firefighters in the State. I look forward to garnering further support in the House of Delegates to ensure this bill reaches the Governor’s desk.”

NORML has consistently argued that employers should not presume that the detection of either THC or its metabolites is evidence of impairment. That is because their presence is not predictive of either diminished performance or recent exposure. (In particular, marijuana’s non-psychoactive metabolite, carboxy-THC, is detectable in subjects’ urine for weeks or even months following past exposure.) Alternatively, NORML has called for the expanded use of performance-based tests, like DRUID or Predictive Safety’s AlertMeter.

A House companion version of the Senate bill, HB 1408, remains pending in Committee, but no legislative action has yet been taken.

A state-by-state guide to pending marijuana legislation is available from NORML’s Take Action Center.