The Maryland Senate has recently passed Senate Bill 1023, a piece of legislation that aims to protect firefighters, EMTs, paramedics, and other rescue workers from being penalized or fired for their off-duty use of medical cannabis. This is a progressive step forward in workplace rights and employee protections, particularly for first responders who rely on medical cannabis to manage chronic pain, PTSD, and other conditions stemming from their professions.
What Senate Bill 1023 Does For Maryland Medical Cannabis Patients
Senate Bill 1023, introduced by Senator Carl Jackson, addresses a critical gap in employment protections for public safety workers who use medical cannabis legally during their personal time. If passed into law, the bill would prohibit state and local officials from taking the following actions based solely on medical cannabis use or positive tests for cannabis metabolites from urinalysis screenings:
- Disciplinary Actions such as suspensions or warnings
- Being Fired or Laid Off for medical cannabis consumption
- Employment Discrimination including limiting opportunities or demotions
SB 1023 covers public safety employees, including firefighters, EMTs, cardiac rescue technicians, and paramedics, who are registered as medical cannabis patients under Maryland’s program.
However, the legislation makes it clear that there are boundaries. Employers can still enforce zero-tolerance policies for on-duty intoxication and prohibit cannabis consumption within 12 hours before reporting to work.
For years, public safety workers have faced a precarious dilemma. Many of them suffer from chronic conditions due to the physical and emotional demands of their work but risk job security if they manage their symptoms with medical cannabis.=
Traditional treatments such as opioids often result in dependency and dangerous side effects, whereas medical cannabis presents a viable alternative for many.
Senator Carl Jackson emphasized the significance of this bill, stating, “Our brave fire and rescue personnel risk their lives daily to protect us. It’s imperative that we protect their rights to access the medical care they need without fearing career repercussions.”
NORML’s Support and Advocacy
The National Organization for the Reform of Marijuana Laws (NORML) has been a vocal advocate for this bill. Deputy Director Paul Armentano noted that the presence of THC or its metabolites in a person’s system has no correlation with impairment, making blanket workplace policies around cannabis testing deeply flawed.
For over a year, NORML worked closely with the International Association of Firefighters Local 2000 and other stakeholders to craft and push this legislation forward. Explaining NORML’s position, Armentano stated, “Over 120,000 residents are registered in Maryland to legally access medicinal cannabis products. This includes firefighters, EMTs, and other first-responders, who typically consume medical cannabis to mitigate symptoms of chronic pain, post-traumatic stress, and other serious health conditions. Just as patients taking traditional medications do not face punishment in the workplace unless their on-the-job performance is impaired, those who use medical cannabis during their off-hours should not face sanctions solely because of their status as a medical marijuana patient.”
How Does This Impact Public Safety Workers?
Firefighters and rescue workers often deal with chronic pain due to the physically demanding nature of their jobs. Medical cannabis provides a safer and effective way for them to manage pain without relying on addictive opioids.
In addition to physical pain, the psychological toll of their work is significant. Many first responders use medical cannabis to manage conditions such as PTSD and anxiety. Protecting these workers from employer retaliation allows them to seek treatment without fear of stigma or penalties.
If enacted, SB 1023 will establish a clear framework for workplace protections for medical cannabis use among public employees in Maryland. This legislation will set an important precedent, improving workplace rights for first responders and other public employees.
A Step Towards National Reform
Maryland isn’t the first state to pass such protections. Several other states and municipalities have enacted similar laws safeguarding employees who consume medical cannabis off the clock. For example, cities like Annapolis, Maryland’s state capital, have abolished pre-employment marijuana screening for most public employees.
Earlier this year, Louisville firefighters, represented by the Louisville Professional Firefighters Association, filed a lawsuit against Metro Government. The lawsuit argues that medical cannabis deserves the same recognition as other prescription medications, such as opioids or Adderall.
The union asserts that their collective bargaining agreement protects employees from disciplinary actions for using medical cannabis, provided the use takes place off duty and does not affect their ability to perform their duties effectively. This Kentucky case underscores a broader movement as first responders across the country advocate for equitable access to physician-recommended treatments, further spotlighting the need for progressive reforms in workplace policies surrounding medical cannabis.
Advocates argue that this Maryland legislation could be a model for national reform. By aligning workplace policies with the realities of legal cannabis use, states can better support medical cannabis patients while ensuring worker productivity and public safety remain intact.
Remaining Challenges Ahead Maryland’s Bill to Protect Medical Cannabis Patients
While SB 1023 is a significant step forward, challenges remain in harmonizing federal and state cannabis policies. Cannabis remains federally illegal, which means employers in federally regulated industries must adhere to conflicting workplace regulations.
Additionally, despite legislative advancements, the stigma surrounding medical cannabis use persists. Many workers remain hesitant to enroll in medical cannabis programs due to fears of workplace discrimination.
The bill has passed the Maryland Senate with a vote of 36-8 and is now moving to the state House of Representatives for review. The Maryland House of Representatives is considering a companion measure, HB 1408, but it hasn’t advanced yet.
If passed, SB 1023 will take effect on October 1, 2025.
Maryland’s Senate Bill 1023 exemplifies how thoughtful legislation can balance workplace safety with the rights of employees who are medical cannabis patients. It reminds us that employers should judge employment based on performance, not on the residual presence of non-psychoactive cannabis metabolites.
