Marijuana Moment: Maryland Senators Weigh Bill To Let Firefighters And Rescue Workers Use Medical Marijuana While Off Duty

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Maryland senators on Thursday took up a bill to protect firefighters and rescue workers from being penalized for off-duty use of medical marijuana.

Members of the Senate Finance Committee held a hearing on the proposal from Sen. Carl Jackson (D) about a year after the full chamber advanced an earlier version that ultimately stalled out in the House.

Under SB 439, 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.

“Our brave fire and rescue personnel risk their lives daily to protect our communities,” Jackson told colleagues on Thursday. “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.”

“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,” he said. “Traditional treatment options such as opioids and other prescription medications can have dangerous side effects, including dependency, cognitive impairment and a reduced ability to function effectively.”

“Medical cannabis has been recognized as a safer, viable alternative that would allow firefighters to manage their symptoms while maintaining their ability to perform at the highest level.”

The Marijuana Policy Project (MPP) said in an action alert on Wednesday that it’s “unfair for our fire and rescue employees to be denied the therapeutic benefits of medical cannabis.”

“Testing positive for cannabis metabolites does not mean a person was impaired—metabolites stay in one’s urine for up to a month,” it said. “First responders put their lives on the line for us, and many develop chronic pain or PTSD from their public service. They should not lose their jobs for alleviating their symptoms and choosing a safer alternative to opiates or alcohol consumption.”

A representative of the Maryland Association of Counties testified against the bill on Thursday, citing the inability to “to do real time impairment testing” for cannabis.

The bill hearing also comes a year 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.

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Meanwhile in Maryland, lawmakers recently approved legislation to extend a psychedelics task force through the end of 2027 to develop updated recommendations on expanding therapeutic access to the novel drugs and potentially creating a regulatory framework for broader legalization.

Legislators also took up a bill this month to protect the gun rights of medical marijuana patients in the state.

Members of the House Judiciary Committee discussed the legislation from Del. Robin Grammer (R), who has sponsored multiple versions of the cannabis and gun rights measure over recent sessions, but they have not yet advanced to enactment.

Separately, a Republican congressional lawmaker representing Maryland who has built a reputation as one of the staunchest opponents of marijuana reform on Capitol Hill—and whose record includes ensuring that Washington, D.C. officials are blocked from legalizing recreational cannabis sales—may be at risk of being unseated in November due to redistricting in his state.

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