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

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The Maryland Senate has passed a bill to protect firefighters and rescue workers from being penalized for using medical marijuana while off duty.

About a week after advancing through committee, the legislation from Sen. Carl Jackson (D) advanced on the floor in 33-11 vote on Friday. The Senate last year passed an earlier version that ultimately stalled out in the House.

If SB 439 is enacted, 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 text of the bill, SB 439, says.

However, employers could continue to set zero-tolerance policies for on-duty impairment from cannabis.

That issue came up during an initial floor debate on Thursday, where one member pressed the sponsor about enforceability given the lack of technology to detect active impairment from THC.

“My concern is, is that I get some guy—I’m having heart issues, and my heart issues go crazier because some dude sits down next to me is like, ‘Yo man, relax. I’m going to take care of you,'” Sen. William Folden (R) said. “I need really sharp responses. I need these people to be very keenly aware. And these people that are doing this have people’s lives in their hands, so that’s where my concern is.”

Jackson stressed that, “if there is signs of impairment that is recognized by the employees, then they will be handled appropriately,” pointing out that similar standards apply to other drugs where active impairment can’t be readily tested for, such as opioids.

“Our brave fire and rescue personnel risk their lives daily to protect our communities,” Jackson previously told colleagues at a committee hearing last month. “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. 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,” he said.

The bill’s advancement 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 are also advancing 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 last 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.

Photo courtesy of Chris Wallis // Side Pocket Images.

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