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HB 797

Employment Discrimination - Fire and Rescue Public Safety Employees - Use of Medical Cannabis

2026 Regular Session Introduced by Adrian Boafo

Maryland bill prohibits fire and rescue employers from discriminating against employees using legal medical cannabis, extending existing workforce protections to first responders.

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Bill Summary · HB 797

Legislative bill overview

HB 797 would prohibit fire and rescue public safety employers in Maryland from discriminating against employees or job applicants based solely on their use of medical cannabis, provided such use complies with state law. The bill establishes protections similar to those extended to other Maryland workers under existing medical cannabis employment protections, extending these safeguards to first responders in fire and rescue services.

Why is this important

Fire and rescue departments currently maintain strict drug policies that often exclude medical cannabis users, potentially disqualifying qualified personnel from employment or causing existing employees to lose jobs despite legal medical authorization. This bill addresses a practical workforce issue as more individuals use legally-prescribed cannabis for medical conditions, which could impact recruitment and retention in already competitive public safety labor markets.

Potential points of contention

  • Public safety concerns: Critics may argue that cannabis use, even medical, could impair judgment or reaction time in emergency situations, and that departments need broad discretion to maintain safety standards
  • Scope of protections: Questions about whether medical cannabis users should be treated the same as other medication users, or whether emergency response roles warrant different standards than other public employment
  • Testing and impairment standards: Lack of reliable on-site impairment testing for cannabis complicates enforcement, unlike alcohol breathalyzers, making it unclear how departments would verify employees aren't impaired on duty

Compiled from official sources — confirm details with the bill’s official record.

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