Maryland Bill Would Protect Firefighters and EMTs From Discipline Over Medical Cannabis Use

4 February 2026

Maryland lawmakers are weighing a bill that would give some first responders new job protections related to medical cannabis, while also tightening procedures when impairment is suspected on the job.

Senate Bill 439, sponsored by Sen. Carl Jackson, would prohibit employers from taking certain discriminatory employment actions against fire and rescue public safety employees based on the employee’s lawful use of medical cannabis, as long as specific qualifying conditions are met. The measure is scheduled for a hearing in the Senate Finance Committee on February 19 at 1:00 p.m., and members of the public would be able to testify.

The bill’s protections apply to a defined set of workers: firefighters, emergency medical technicians, cardiac rescue technicians, and paramedics employed by a municipality, county, the state, the state airport authority, or a fire control district.

Under the proposal, an employee would generally need a valid written certification from a doctor, and the worker could not be impaired while performing duties. The bill makes clear that employers can still prohibit cannabis use while on duty and can still prohibit employees from working while impaired.

Where the bill gets more specific is on reporting. If a fire and rescue public safety employee reports for work impaired by cannabis, the employer would be required to report that incident to the State Emergency Medical Services Board. In practice, that could create a formal record and a standard response pathway, rather than leaving impairment situations to ad hoc decision-making.

The bill also includes language meant to address federal constraints. Employers would not be required to violate federal law or take steps that would cause them to lose a federal benefit. That may be relevant for departments whose funding, equipment, or operational rules are linked to federal requirements.

Supporters of the measure point to the reality that some first responders experience chronic pain, post-traumatic stress, and other conditions for which medical cannabis is legally recommended in Maryland. The bill’s structure suggests an attempt to separate lawful, off-duty medical use from on-duty performance, while still giving employers tools to act when impairment is alleged or observed.

Senate Bill 439 is cross-filed with House Bill 0797 and has roots in earlier legislative work, having been introduced in a prior session as Senate Bill 1023. If enacted, it would take effect October 1, 2026.

For Maryland’s medical cannabis patients who also work in fire and rescue roles, the proposal could mean more predictable employment protections tied to lawful use. For departments and local governments, it may require policy updates, especially around documentation, discipline standards, and how impairment incidents are handled and reported.