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

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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