Maryland to Quash Marijuana Penalties for Off Duty Use

Committees in both the Maryland Senate and House of Delegates held hearings this week to consider legislation aimed at shielding workers from repercussions for off-duty marijuana use. If enacted, the proposed law would necessitate employers to prove on-the-job impairment before taking adverse actions against employees. The legislation also seeks to prevent discrimination by prohibiting companies from penalizing individuals with prior convictions related to cannabis distribution. And just last week, the state advanced a bill to safeguard gun rights for medical marijuana patients.

On Thursday, the Senate Finance Committee heard testimony on SB 513, sponsored by Sen. Alonzo Washington (D), while the House Economic Matters Committee received testimony on the companion bill, HB 525, from Del. Jheanelle Wilkins (D).

While neither committee took immediate action on the bills, lengthy testimonies were heard from sponsors, stakeholders, and the public. Senator Washington emphasized that the legislation aims to protect workers from unjust employment consequences tied to legal cannabis use, promoting fair treatment and equal opportunities.

Supporters, including firefighter associations, endorsed the bills, arguing that workers should be allowed to use marijuana during their off-hours without fear of retaliation. However, skeptics, including some business leaders, expressed concerns about potential risks to public safety. Del. Jesse Pippy (R) questioned the endorsement by firefighters, citing concerns about first responders being under the influence of cannabis during duty.

Del. Jheanelle Wilkins, sponsor of the House bill, defended the proposal, stating that the main goal is to better assess impairment on the job. Critics, however, raised doubts about the reliability of assessing impairment for disciplinary actions.

During the hearings, various speakers, including state officials, professional groups, business organizations, labor unions, and policy advocates, provided input. The Maryland NAACP labeled the bill as vital for communities of color, emphasizing its role in rectifying unfair employment practices related to cannabis offenses.

Cleveland Horton, deputy director for the Maryland Commission on Civil Rights, expressed support for the bill, highlighting the need for consistent employment policies related to cannabis in the evolving legal landscape.

Advocates from NORML and the Marijuana Policy Project (MPP) also testified, asserting that the legislation safeguards civil liberties without compromising workplace safety. They emphasized that changes in the legal status of cannabis do not adversely impact job performance, and employers can still test for impairment using performance-testing technology.

As debates on cannabis-related employment policies continue across the country, Maryland grapples with striking a balance between protecting workers' rights and addressing concerns about potential impairment risks in the workplace.