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Maryland senators are considering SB 439, a bill to prevent firefighters and rescue workers who are registered medical cannabis patients from being penalized or fired for off-duty marijuana use or positive THC metabolite tests. Supporters argue it provides a safer alternative to opioids for chronic pain and PTSD, while opponents cite the current lack of reliable real-time impairment testing.

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

Feb 20, 2026

Kyle Jaeger

Marijuana Moment



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.


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
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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.

The post Maryland Senators Weigh Bill To Let Firefighters And Rescue
Workers Use Medical Marijuana While Off Duty appeared first on Marijuana
Moment.

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