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WES MOORE, Governor Ch. 183
Chapter 183
(Senate Bill 439)
AN ACT concerning
Employment Discrimination – Fire and Rescue Public Safety Employees – Use of
Medical Cannabis
FOR the purpose of prohibiting an employer from taking certain discriminatory
employment actions against a fire and rescue public safety employee for the use of
medical cannabis, subject to certain conditions; and generally relating to
employment discrimination and the use of medical cannabis.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages and Cannabis
Section 36–101(a), (m), (ee), and (kk)
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 20–601 and 20–606
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Alcoholic Beverages and Cannabis
36–101. In this title the following words have the meanings indicated.
(a)
(m) “Certifying provider” means an individual who:
(1) (i) 1. has an active, unrestricted license to practice medicine
that was issued by the State Board of Physicians under Title 14 of the Health Occupations
Article; and
2. is in good standing with the State Board of Physicians;
(ii) 1. has an active, unrestricted license to practice dentistry
that was issued by the State Board of Dental Examiners under Title 4 of the Health
Occupations Article; and
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Ch. 183 2026 LAWS OF MARYLAND
2. is in good standing with the State Board of Dental
Examiners;
(iii) 1. has an active, unrestricted license to practice podiatry
that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the
Health Occupations Article; and
2. is in good standing with the State Board of Podiatric
Medical Examiners;
(iv) 1. has an active, unrestricted license to practice registered
nursing and has an active, unrestricted certification to practice as a nurse practitioner or
a nurse midwife that was issued by the State Board of Nursing under Title 8 of the Health
Occupations Article; and
2. is in good standing with the State Board of Nursing; or
(v) 1. has an active, unrestricted license to practice as a
physician assistant issued by the State Board of Physicians under Title 15 of the Health
Occupations Article;
2. has an active collaboration agreement with a patient care
team physician who is a certifying provider; and
3. is in good standing with the State Board of Physicians;
(2) has a State controlled dangerous substances registration; and
(3) is registered with the Administration to make cannabis available to
patients for medical use in accordance with regulations adopted by the Administration.
(ee) “Qualifying patient” means an individual who:
(1) has been provided with a written certification by a certifying provider
in accordance with a bona fide provider–patient relationship; and
(2) if under the age of 18 years, has a caregiver.
(kk) “Written certification” means a certification that:
(1) is issued by a certifying provider to a qualifying patient with whom the
provider has a bona fide provider–patient relationship;
(2) includes a written statement certifying that, in the certifying provider’s
professional opinion, after having completed an assessment of the patient’s medical history
and current medical condition, the patient has a condition:
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WES MOORE, Governor Ch. 183
(i) that meets the inclusion criteria and does not meet the exclusion
criteria of the certifying provider’s application; and
(ii) for which the potential benefits of the medical use of cannabis
would likely outweigh the health risks for the patient; and
(3) may include a written statement certifying that, in the certifying
provider’s professional opinion, a 30–day supply of medical cannabis would be inadequate
to meet the medical needs of the qualifying patient.
Article – State Government
20–601.
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Disability” means:
(i) 1. a physical disability, infirmity, malformation, or
disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or
2. a mental impairment or deficiency;
(ii) a record of having a physical or mental impairment as otherwise
defined under this subsection; or
(iii) being regarded as having a physical or mental impairment as
otherwise defined under this subsection.
(2) “Disability” includes:
(i) 1. any degree of paralysis, amputation, or lack of physical
coordination;
2. blindness or visual impairment;
3. deafness or hearing impairment;
4. muteness or speech impediment; and
5. physical reliance on a service animal, wheelchair, or other
remedial appliance or device; and
(ii) intellectual and any other mental impairment or deficiency that
may have necessitated remedial or special education and related services.
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(c) (1) “Employee” means:
(i) an individual employed by an employer; or
(ii) an individual working as an independent contractor for an
employer.
(2) Unless the individual is subject to the State or local civil service laws,
“employee” does not include:
(i) an individual elected to public office;
(ii) an appointee on the policy making level; or
(iii) an immediate adviser with respect to the exercise of the
constitutional or legal powers of an elected office.
(d) (1) “Employer” means:
(i) a person that:
1. is engaged in an industry or business; and
2. A. has 15 or more employees for each working day in
each of 20 or more calendar weeks in the current or preceding calendar year; or
B. if an employee has filed a complaint alleging harassment,
has one or more employees for each working day in each of 20 or more calendar weeks in
the current or preceding calendar year; and
(ii) an agent of a person described in item (i) of this paragraph.
(2) “Employer” includes the State to the extent provided in this title.
(3) Except for a labor organization, “employer” does not include a bona fide
private membership club that is exempt from taxation under § 501(c) of the Internal
Revenue Code.
(e) (1) “Employment agency” means:
(i) a person that regularly undertakes with or without
compensation to procure:
1. employees for an employer; or
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WES MOORE, Governor Ch. 183
2. opportunities for employees to work for an employer; and
(ii) an agent of a person described in item (i) of this paragraph.
(2) Except for the United States Employment Service and the system of
State and local employment services receiving federal assistance, “employment agency”
does not include a unit of the United States, the State, or a political subdivision of the State.
(f) “FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE” MEANS A
FIREFIGHTER, AN EMERGENCY MEDICAL TECHNICIAN, A CARDIAC RESCUE
TECHNICIAN, OR A PARAMEDIC EMPLOYED BY:
(1) A MUNICIPAL CORPORATION;
(2) A COUNTY;
(3) THE STATE;
(4) THE STATE AIRPORT AUTHORITY; OR
(5) A FIRE CONTROL DISTRICT.
(G) “Genetic information” has the meaning stated in § 27–909(a)(3) of the
Insurance Article.
[(g)] (H) “Genetic test” has the meaning stated in § 27–909(a)(5) of the Insurance
Article.
[(h)] (I) “Harassment” includes:
(1) unwelcome and offensive conduct, which need not be severe or
pervasive, when:
(i) the conduct is based on race, color, religion, ancestry or national
origin, sex, age, marital status, sexual orientation, gender identity, disability, or military
status; and
(ii) 1. submission to the conduct is made either explicitly or
implicitly a term or condition of employment of an individual;
2. submission to or rejection of the conduct is used as a basis
for employment decisions affecting the individual; or
3. based on the totality of the circumstances, the conduct
unreasonably creates a working environment that a reasonable person would perceive to
be abusive or hostile; and
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Ch. 183 2026 LAWS OF MARYLAND
(2) sexual harassment.
[(i)] (J) (1) “Labor organization” means:
(i) a labor organization engaged in an industry; and
(ii) an agent of an organization described in item (i) of this
paragraph.
(2) “Labor organization” includes:
(i) an organization of any kind, an agency, or an employee
representation committee, group, association, or plan:
1. in which employees participate; and
2. that exists, wholly or partly, for the purpose of dealing
with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other
terms or conditions of employment; and
(ii) a conference, general committee, joint or system board, or joint
council that is subordinate to a national or international labor organization.
[(j)] (K) “Religion” includes all aspects of religious observances, practice, and
belief.
[(k)] (L) “Sexual harassment” includes conduct, which need not be severe or
pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other
conduct of a sexual nature when:
(1) submission to the conduct is made either explicitly or implicitly a term
or condition of employment of an individual;
(2) submission to or rejection of the conduct is used as a basis for
employment decisions affecting the individual; or
(3) based on the totality of the circumstances, the conduct unreasonably
creates a working environment that a reasonable person would perceive to be abusive or
hostile.
20–606.
(a) An employer may not:
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WES MOORE, Governor Ch. 183
(1) fail or refuse to hire, discharge, or otherwise discriminate against any
individual with respect to the individual’s compensation, terms, conditions, or privileges of
employment because of:
(i) the individual’s race, color, religion, sex, age, national origin,
marital status, sexual orientation, gender identity, genetic information, military status, or
disability unrelated in nature and extent so as to reasonably preclude the performance of
the employment; or
(ii) the individual’s refusal to submit to a genetic test or make
available the results of a genetic test;
(2) limit, segregate, or classify its employees or applicants for employment
in any way that would deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect the individual’s status as an employee because
of:
(i) the individual’s race, color, religion, sex, age, national origin,
marital status, sexual orientation, gender identity, genetic information, military status, or
disability unrelated in nature and extent so as to reasonably preclude the performance of
the employment; or
(ii) the individual’s refusal to submit to a genetic test or make
available the results of a genetic test;
(3) request or require genetic tests or genetic information as a condition of
hiring or determining benefits;
(4) fail or refuse to make a reasonable accommodation for the known
disability of an otherwise qualified employee or an applicant for employment; or
(5) engage in harassment of an employee.
(b) An employment agency may not:
(1) fail or refuse to refer for employment or otherwise discriminate against
any individual because of the individual’s race, color, religion, sex, age, national origin,
marital status, sexual orientation, gender identity, military status, or disability unrelated
in nature and extent so as to reasonably preclude the performance of the employment; or
(2) classify or refer for employment any individual on the basis of the
individual’s race, color, religion, sex, age, national origin, marital status, sexual
orientation, gender identity, military status, or disability unrelated in nature and extent
so as to reasonably preclude the performance of the employment.
(c) A labor organization may not:
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Ch. 183 2026 LAWS OF MARYLAND
(1) exclude or expel from its membership, or otherwise discriminate
against, any individual because of the individual’s race, color, religion, sex, age, national
origin, marital status, sexual orientation, gender identity, military status, or disability
unrelated in nature and extent so as to reasonably preclude the performance of the
employment;
(2) limit, segregate, or classify its membership, or classify or fail or refuse
to refer for employment any individual, in any way that would deprive or tend to deprive
the individual of employment opportunities, limit the individual’s employment
opportunities, or otherwise adversely affect the individual’s status as an employee or as an
applicant for employment because of the individual’s race, color, religion, sex, age, national
origin, marital status, sexual orientation, gender identity, military status, or disability
unrelated in nature and extent so as to reasonably preclude the performance of the
employment; or
(3) cause or attempt to cause an employer to discriminate against an
individual in violation of this section.
(d) An employer, labor organization, or joint labor–management committee
controlling apprenticeship or other training or retraining programs, including on–the–job
training programs, may not discriminate against any individual in admission to, or
employment in, any program established to provide apprenticeship or other training or
retraining because of the individual’s race, color, religion, sex, age, national origin, marital
status, sexual orientation, gender identity, military status, or disability unrelated in nature
and extent so as to reasonably preclude the performance of the employment.
(e) (1) Except as provided in paragraph (2) of this subsection, an employer,
labor organization, or employment agency may not print or cause to be printed or published
any notice or advertisement relating to employment by the employer, membership in or any
classification or referral for employment by the labor organization, or any classification or
referral for employment by the employment agency that indicates any preference,
limitation, specification, or discrimination based on race, color, religion, sex, age, national
origin, marital status, sexual orientation, gender identity, disability, or military status.
(2) A notice or advertisement may indicate a preference, limitation,
specification, or discrimination based on religion, sex, age, national origin, marital status,
disability, or military status if religion, sex, age, national origin, marital status, disability,
or military status is a bona fide occupational qualification for employment.
(f) An employer may not discriminate or retaliate against any of its employees or
applicants for employment, an employment agency may not discriminate against any
individual, and a labor organization may not discriminate or retaliate against any member
or applicant for membership because the individual has:
(1) opposed any practice prohibited by this subtitle; or
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WES MOORE, Governor Ch. 183
(2) made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this subtitle.
(G) (1) IN THIS SUBSECTION, “WRITTEN CERTIFICATION” HAS THE
MEANING STATED IN § 36–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS
ARTICLE.
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, ON THE BASIS
OF A FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE’S POSSESSION OF A VALID
WRITTEN CERTIFICATION, OR ON THE BASIS OF A FIRE AND RESCUE PUBLIC SAFETY
EMPLOYEE TESTING POSITIVE FOR CANNABIS COMPONENTS OR METABOLITES
WHILE HOLDING A VALID WRITTEN CERTIFICATION, AN EMPLOYER MAY NOT:
(I) 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; OR
(II) 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.
(3) NOTHING IN THIS SUBSECTION:
(I) REQUIRES AN EMPLOYER TO COMMIT AN ACT THAT WOULD:
1. VIOLATE FEDERAL LAW OR REGULATIONS; OR
2. CAUSE THE EMPLOYER TO LOSE A MONETARY OR
LICENSING–RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS; OR
(II) PROHIBITS AN EMPLOYER FROM:
1. ADOPTING POLICIES AND PROCEDURES THAT
PROHIBIT A FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE FROM PERFORMING THE
EMPLOYEE’S DUTIES WHILE IMPAIRED BY CANNABIS; OR
2. PROHIBITING A FIRE AND RESCUE PUBLIC SAFETY
EMPLOYEE FROM USING CANNABIS WHILE ON DUTY.
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(4) IF A FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE REPORTS FOR
WORK WHILE IMPAIRED BY CANNABIS, THE EMPLOYER SHALL REPORT THE
INCIDENT TO THE STATE EMERGENCY MEDICAL SERVICES BOARD.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, April 28, 2026.
– 10 –Every fact on this page links to its source, starting with the official bill record.