Maryland Cannabis Employment Protections 2026: What HB 797 Changes for Fire and Rescue Workers

Maryland Cannabis Employment Protections 2026: What HB 797 Changes for Fire and Rescue Workers

Maryland cannabis employment protections took a significant step forward in 2026 with the passage of House Bill 797. Signed by Governor Wes Moore on April 28, 2026, and taking effect October 1, 2026, HB 797 creates explicit protections for fire and rescue public safety employees who use medical cannabis off duty. For the first time in Maryland, firefighters, EMTs, paramedics, and cardiac rescue technicians have a legal shield against termination or discrimination based on a positive cannabis drug test, as long as certain conditions are met.

This is a notable shift. First responders have historically occupied a legal gray zone when it comes to cannabis. Even in jurisdictions where adult-use and medical cannabis are legal, emergency workers faced the constant risk of losing their jobs over a positive drug screen tied to off-duty use. HB 797 addresses that gap directly.

What HB 797 Actually Does

At its core, HB 797 amends Maryland state law to prohibit public employers from taking adverse employment actions against covered fire and rescue employees solely because those employees test positive for cannabis metabolites. That means an employer cannot discipline, discharge, or otherwise discriminate against a covered worker regarding compensation, terms, or conditions of employment based on a positive cannabis test alone.

The law also prohibits employers and labor organizations from limiting, segregating, or classifying covered employees in a way that deprives them of employment opportunities based on their status as a registered medical cannabis patient.

Two conditions must be met for the protections to apply:

• The employee must be a validly registered medical cannabis patient with a written certification from a licensed healthcare provider in Maryland.

• The cannabis use must occur off duty, not during working hours or while the employee is on call.

If both conditions are satisfied, a positive drug test cannot by itself be the basis for termination or discipline under this law.

Who Is Covered

HB 797 defines fire and rescue public safety employees to include:

• Firefighters

• Emergency Medical Technicians (EMTs)

• Paramedics

• Cardiac Rescue Technicians

The law applies to state and local government employers in Maryland. Private-sector workers, federal employees, and workers in other public safety roles are not covered by this specific statute. The protections are tied directly to the fire and rescue context, reflecting that first responders face chronic pain, PTSD, and sleep disorders at elevated rates, and that medical cannabis is increasingly used to manage those conditions.

What Employers Can and Cannot Do

What Employers Cannot Do

As of October 1, 2026, a covered public employer in Maryland may not:

• Terminate a fire or rescue employee solely for testing positive for cannabis metabolites if that employee is a registered medical cannabis patient.

• Discipline or demote a covered employee on those same grounds.

• Use a positive cannabis test as the sole basis for any adverse employment action against a covered worker.

What Employers Can Still Do

The law is explicit that it does not authorize cannabis use on the job or while impaired. Employers retain full authority to:

• Prohibit cannabis use during working hours and on work premises.

• Discipline or terminate an employee who reports to work visibly impaired by cannabis.

• Require drug testing as part of existing protocols.

• Take action when impairment is observed on duty. A positive metabolite test (which can detect use from days prior) is treated differently from evidence of on-duty impairment.

There is also an important reporting requirement built into the law: if an employee is found to be impaired while on duty, the employer is required to report the incident to the State Emergency Medical Services Board.

The Federal Carve-Out: A Critical Limit

HB 797 includes a federal compliance exception that limits its reach in practice. Employers are not required to follow the state employment protections if doing so would violate a federal law or regulation, or cause the employer to lose a federal monetary benefit or a federally issued license.

This carve-out is significant. Federal law still classifies cannabis as a Schedule I controlled substance, though federal rescheduling proceedings are ongoing. Fire departments and EMS agencies that receive federal funding or operate under federal grant conditions may be constrained in how they apply these state-level protections. Workers in DOT-regulated safety-sensitive roles, federal contractors, and federally licensed entities remain subject to federal drug testing requirements regardless of Maryland state law.

In practical terms, HB 797 offers the strongest protection for state and local public employees at agencies that do not depend on federal funding conditions requiring cannabis-free workforce policies. Workers at agencies with significant federal funding ties should consult an employment attorney to understand how the federal carve-out applies to their specific situation.

On-Duty Impairment vs. Off-Duty Use: The Core Distinction

This distinction is the backbone of HB 797 and worth understanding clearly.

Standard urine drug tests for cannabis detect metabolites that can remain in the body for days or weeks after use, long after any impairment has worn off. Under pre-HB 797 law, a firefighter who used medical cannabis on a Thursday evening could test positive on a Monday morning and face termination, even though they were fully functional and not impaired at work.

HB 797 separates these two concepts. A positive test result is not evidence of on-duty impairment. Off-duty medical cannabis use by a registered patient is protected. What is not protected, and what the law explicitly preserves employer authority over, is actual on-duty impairment. If a paramedic shows up to a shift visibly impaired, that is a separate matter and the employer retains full authority to act.

This framing reflects a broader shift in how cannabis is being treated in employment law: the focus is moving from chemical detection to functional impairment, a change that mirrors how alcohol has historically been handled in the workplace.

How HB 797 Fits Within Maryland's Broader Cannabis Framework

HB 797 is one piece of a larger Maryland cannabis policy evolution. Adult-use cannabis sales launched in Maryland in July 2023 after voters approved legalization in 2022. The Maryland Cannabis Administration has since been expanding the regulatory framework governing licensing, product standards, social equity, and consumer protections. For more on how Maryland's regulatory landscape is developing, see our coverage of the Maryland MCA packaging and social equity regulatory amendments and the Maryland Cannabis Community Reinvestment and Repair Fund.

Maryland has not enacted a broad statewide law protecting private-sector workers from adverse actions based on off-duty recreational cannabis use. Unlike states such as New York, which have robust off-duty cannabis use protections for most employees, Maryland's general labor code does not yet require employers to prove on-the-job impairment before acting on a positive drug test for recreational users. HB 797 is a targeted, sector-specific expansion, not a sweeping change to private employment law.

Several Maryland jurisdictions, including Howard County, Baltimore County, Frederick County, and the City of Annapolis, have enacted local policies that reduce or eliminate cannabis screenings for their own municipal employees. These local policies exist alongside the new state law and may provide additional layers of protection in some areas.

What This Means for Maryland Workers Broadly

HB 797 is significant not just for the workers it directly covers but for what it signals about the direction of Maryland employment law. First responder unions, including affiliates of the International Association of Fire Fighters, were central to championing this legislation. Their argument: medical cannabis provides a viable, less addictive alternative to opioids for managing the chronic pain and PTSD that are occupational hazards of fire and rescue work. The law reflects that argument winning at the state level.

Whether similar protections will expand to other public employees, such as teachers, corrections officers, or transit workers, or to the private sector, is an open question. Legislative momentum in cannabis employment law tends to build incrementally, and HB 797 may serve as a template for future bills extending protections to broader worker populations.

For Maryland workers outside the fire and rescue sector: the safest approach right now is to understand your employer's specific drug testing policy, whether your role is subject to federal oversight, and whether you are a registered medical cannabis patient. Protections are narrower than many workers assume, and the legal landscape continues to evolve.

Key Facts About HB 797

• Signed into law: April 28, 2026, by Governor Wes Moore.

• Effective date: October 1, 2026.

• Covered workers: Maryland fire and rescue public safety employees (firefighters, EMTs, paramedics, cardiac rescue technicians).

• Condition for protection: Must be a registered medical cannabis patient; use must be off duty.

• Key limitation: Federal funding or licensing requirements may override state protections.

• Employer authority preserved: On-duty impairment is still prohibited and subject to discipline.

• Reporting requirement: On-duty impairment incidents must be reported to the State Emergency Medical Services Board.

If you are a Maryland fire or rescue employee who uses medical cannabis, the practical steps are: ensure your patient registration is current with a valid written certification from a licensed provider, and keep documentation of your registration status. If your employer takes adverse action after October 1, 2026 that you believe violates HB 797, consult an employment attorney familiar with Maryland labor law.

This article provides general information about HB 797 and Maryland cannabis employment law. It is not individualized legal advice. Every employment situation involves specific facts, and the federal carve-out in particular requires careful analysis on a case-by-case basis. Consult a qualified employment attorney for guidance specific to your situation.

Shop Maryland Cannabis at Bud Lords

Maryland is one of the fastest-growing cannabis markets in the Mid-Atlantic, and its regulatory framework is maturing quickly. Whether you are a Maryland medical patient or an adult-use consumer, Bud Lords delivers premium cannabis products across the DMV region. Browse the Bud Lords shop to see what is available for delivery near you, and check the Bud Lords Weed Blog for ongoing coverage of Maryland cannabis law, policy developments, and consumer guides.

This article was researched and written with AI assistance by the Bud Lords AI Newsroom.