Marijuana Moment: Maryland Lawmakers Take Up Bill To Protect Firefighters And Rescue Workers Who Use Medical Marijuana Off Duty

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Maryland lawmakers on Wednesday took up a bill to protect firefighters and rescue workers from being penalized over their lawful use of medical marijuana off the job—taking testimony on the unique need to give emergency service professionals the option to use cannabis as an alternative treatment for health conditions that commonly afflict the first responder community.

Members of the House Economic Matters Committee met to discuss the legislation, HB 797 from Del. Adrian Boafo (D), about a week after a Senate companion version of the cannabis measure sponsored by Sen. Carl Jackson (D) advanced through that chamber.

This marks the latest in a series of attempts to enact the reform over recent sessions, Boafo said at the committee hearing on Wednesday, and lawmakers are “bringing it back because it’s so critically important to our firefighters” and other rescue professionals who “work long shifts in tense emergencies and high-stress situations every day.”

“Many experience chronic pain, injuries and anxiety as a direct result of serving our communities,” he said. “Medical cannabis, when prescribed and used off duty, can help manage those conditions. But under current policies, firefighters who use medically prescribed cannabis can face retaliation or discipline from their employers, even when they’re following the law.”

“That leaves many of these public servants with a difficult choice: Either continue doing their jobs in pain, or turn to stronger prescription drug drugs, often opiates, just to get through the day,” Boafo said, while emphasizing that “nothing in this bill allows for impairment on the job” and that those who come to work impaired “will still face serious consequences and will be reported” to state emergency medical services regulators.

“Public safety remains a top priority here in Maryland, but our state must modernize its laws to protect employees who use medically certified cannabis responsibly and outside of the workplace,” he said. “Our firefighters and rescue professionals dedicate their lives to protecting us. They should not be punished for seeking legal, medically prescribed relief for the physical toll of that work.”

HB 797 would amend the state’s medical marijuana law by stipulating that firefighters, emergency medical technicians, cardiac rescue technicians and paramedics employed by the state or local governments could not face employment discrimination or retaliation for testing positive for cannabis metabolites if they’re a registered medical marijuana patient.

Specifically, 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” if they test positive while holding a medical cannabis registration.

Further, employers 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.”

Nothing in the legislation would prohibit employers from taking action against an employee for showing up to work while under the influence of cannabis, and any instances where a public safety worker is found to be impaired while on duty would be reported to the State Emergency Medical Services Board.

Jeff Buttle, president of the Professional Firefighters of Maryland, told the House committee that the bill “provides important employment protections,” noting that “many firefighters, EMTs and paramedics experience job-related injuries, chronic pain and stress as a result of critical work—work they perform to protect our communities.”

“For some of these professionals, medical cannabis—prescribed and used legally under Maryland law—may be part of their preferred treatment program,” he said. “However, under current policies, these employees may still face discipline or termination simply for using medical cannabis and then testing positive, even if their use occurs legally and off duty.”

“House Bill 797 addresses this gap by ensuring that fire and rescue public safety employees are not discriminated against solely because they are medical cannabis patients,” he said. “Maryland’s firefighters and EMS professionals dedicate their lives to protecting others. This bill helps ensure they are treated fairly under the law, while continuing to uphold the highest [level] of safety and professionalism.”

Grant Walker, president of the Prince George’s County Professional Fire Fighters and Paramedics Association, said that while most Maryland residents have been able to access medical cannabis for over a decade, “firefighters—the men and women who run into burning buildings and respond to medical emergencies—are still forced to choose between their careers and physician-recommended treatments.”

“The human cost of this policy is real,” he said. “Firefighting is a profession marked by occupational cancer, chronic injuries, PTSD and severe sleep deprivation. Many firefighters are also veterans, already navigating complex treatment plans. They deserve access to appropriate medical care.”

John Gardell, battalion chief with the Pittsburgh Bureau of Fire, also spoke in favor of the legislation, while stressing that “the ability to use medical cannabis does not allow someone to be impaired on duty.”

“As a fire service professional for over 30 years, the men and women working around such an individual would not stand for it,” he said. “They know that their lives depend on that person. In the eight years the city of Pittsburgh has allowed the use of medical cannabis, we have had zero incidents of on-duty impairment. These men and women who dedicate their lives to protecting their communities deserve access to treatments and improve their health and wellbeing.”

NORML’s Paul Armentano shared a scientific perspective on the issue in his testimony, explaining how “patients who consume medical cannabis during their off hours should be treated equally because THC primary metabolite is fat soluble,” meaning that it’s “detectable for weeks, even months, post-abstinence, long after any psychoactive effects have worn off.”

“For this reason, many jurisdictions have abolished the use of these discriminatory urine tests in the workplace,” he said, listing numerous states and cities that have enacted such reform. “Following the abolishment of these cannabis-related urine testing policies, none of these jurisdictions have seen any decline in workplace safety or performance.”

The advancement of the House and Senate cannabis bills 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.

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