Maryland 2022 Regular Session

Maryland House Bill HB628 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0628
6	6
7	7	HOUSE BILL 628
8	8	K1, D5 2lr1000
9	9	CF 2lr1001
10	10	By: Delegates K. Young, Howell, Jalisi, Kerr, Landis, Lehman, Lierman, Shetty,
11	11	and Solomon
12	12	Introduced and read first time: January 31, 2022
13	13	Assigned to: Economic Matters
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Employment – Workers’ Compensation and Workplace Discrimination – Use of 2
20	20	Medical Cannabis 3
21	21
22	22	FOR the purpose of altering the circumstances under which a covered employee or a 4
23	23	dependent of a covered employee is not entitled to compensation or benefits under 5
24	24	the workers’ compensation law to include circumstances related to the use of medical 6
25	25	cannabis; including medical cannabis in the medicine that an employer or its insurer 7
26	26	is required to provide to a certain covered employee under certain circumstances; 8
27	27	prohibiting an employer from discriminating against an individual because of the 9
28	28	individual’s receipt of a certain written certification for the use of medical cannabis 10
29	29	or the individual’s positive drug test under certain circumstances; and generally 11
30	30	relating to employment, workers’ compensation, workplace discrimination, and the 12
31	31	use of medical cannabis. 13
32	32
33	33	BY repealing and reenacting, without amendments, 14
34	34	Article – Labor and Employment 15
35	35	Section 9–506(a) and 9–660(b) 16
36	36	Annotated Code of Maryland 17
37	37	(2016 Replacement Volume and 2021 Supplement) 18
38	38
39	39	BY repealing and reenacting, with amendments, 19
40	40	Article – Labor and Employment 20
41	41	Section 9–506(b) and 9–660(a) 21
42	42	Annotated Code of Maryland 22
43	43	(2016 Replacement Volume and 2021 Supplement) 23
44	44
45	45	BY repealing and reenacting, with amendments, 24
46	46	Article – State Government 25
47	47	Section 20–606(a) 26
48	48	Annotated Code of Maryland 27 2 HOUSE BILL 628
49	49
50	50
51	51	(2021 Replacement Volume) 1
52	52
53	53	BY adding to 2
54	54	Article – State Government 3
55	55	Section 20–606(g) 4
56	56	Annotated Code of Maryland 5
57	57	(2021 Replacement Volume) 6
58	58
59	59	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
60	60	That the Laws of Maryland read as follows: 8
61	61
62	62	Article – Labor and Employment 9
63	63
64	64	9–506. 10
65	65
66	66	(a) A covered employee or a dependent of a covered employee is not entitled to 11
67	67	compensation or benefits under this title as a result of: 12
68	68
69	69	(1) an intentional, self–inflicted accidental personal injury, compensable 13
70	70	hernia, or occupational disease; or 14
71	71
72	72	(2) an attempt to injure or kill another. 15
73	73
74	74	(b) A covered employee or a dependent of a covered employee is not entitled to 16
75	75	compensation or benefits under this title as a result of an accidental personal injury, 17
76	76	compensable hernia, or occupational disease if: 18
77	77
78	78	(1) the accidental personal injury, compensable hernia, or occupational 19
79	79	disease was caused solely by the effect on the covered employee of: 20
80	80
81	81	(i) a depressant, hallucinogenic, hypnotic, narcotic, or stimulant 21
82	82	drug; or 22
83	83
84	84	(ii) another drug that makes the covered employee incapable of 23
85	85	satisfactory job performance; and 24
86	86
87	87	(2) the drug was not administered or taken in accordance with: 25
88	88
89	89	(I) the prescription of a physician; OR 26
90	90
91	91	(II) FOR MEDICAL CANNABIS , THE WRITTEN CERTIFIC ATION OF 27
92	92	A CERTIFYING PROVIDE R OR THE WRITTEN INSTRUCTIONS OF A PHYSICIAN. 28
93	93
94	94	9–660. 29
95	95
96	96	(a) In addition to the compensation provided under this subtitle, if a covered 30
97	97	employee has suffered an accidental personal injury, compensable hernia, or occupational 31 HOUSE BILL 628 3
98	98
99	99
100	100	disease the employer or its insurer promptly shall provide to the covered employee, as the 1
101	101	Commission may require: 2
102	102
103	103	(1) medical, surgical, or other attendance or treatment; 3
104	104
105	105	(2) hospital and nursing services; 4
106	106
107	107	(3) medicine, INCLUDING MEDICAL CA NNABIS; 5
108	108
109	109	(4) crutches and other apparatus; and 6
110	110
111	111	(5) artificial arms, feet, hands, and legs and other prosthetic appliances. 7
112	112
113	113	(b) The employer or its insurer shall provide the medical services and treatment 8
114	114	required under subsection (a) of this section for the period required by the nature of the 9
115	115	accidental personal injury, compensable hernia, or occupational disease. 10
116	116
117	117	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 11
118	118	as follows: 12
119	119
120	120	Article – State Government 13
121	121
122	122	20–606. 14
123	123
124	124	(a) An employer may not: 15
125	125
126	126	(1) fail or refuse to hire, discharge, or otherwise discriminate against any 16
127	127	individual with respect to the individual’s compensation, terms, conditions, or privileges of 17
128	128	employment because of: 18
129	129
130	130	(i) the individual’s race, color, religion, sex, age, national origin, 19
131	131	marital status, sexual orientation, gender identity, genetic information, or disability 20
132	132	unrelated in nature and extent so as to reasonably preclude the performance of the 21
133	133	employment; [or] 22
134	134
135	135	(ii) the individual’s refusal to submit to a genetic test or make 23
136	136	available the results of a genetic test; OR 24
137	137
138	138	(III) UNLESS A FAILURE TO DO SO WOULD VIOLATE FEDERAL 25
139	139	LAW OR REGULATIONS O R CAUSE THE EMPLOYER TO LOSE A MONETARY O R 26
140	140	LICENSING–RELATED BENE FIT UNDER FEDERAL LA W OR REGULATIONS : 27
141	141
142	142	1. THE INDIVIDUAL ’S RECEIPT OF A WRITT EN 28
143	143	CERTIFICATION FOR TH E USE OF MEDICAL CAN NABIS UNDER TITLE 13, SUBTITLE 29
144	144	33 OF THE HEALTH – GENERAL ARTICLE; OR 30
145	145	4 HOUSE BILL 628
146	146
147	147
148	148	2. THE INDIVIDUAL ’S POSITIVE DRUG TEST FOR 1
149	149	CANNABIS COMP ONENTS OR METABOLITE S IF THE INDIVIDUAL HOLDS A WRITTEN 2
150	150	CERTIFICATION FOR TH E USE OF MEDICAL CAN NABIS UNDER TITLE 13, SUBTITLE 3
151	151	33 OF THE HEALTH – GENERAL ARTICLE; 4
152	152
153	153	(2) limit, segregate, or classify its employees or applicants for employment 5
154	154	in any way that would deprive or tend to deprive any individual of employment 6
155	155	opportunities or otherwise adversely affect the individual’s status as an employee because 7
156	156	of: 8
157	157
158	158	(i) the individual’s race, color, religion, sex, age, national origin, 9
159	159	marital status, sexual orientation, gender identity, genetic information, or disability 10
160	160	unrelated in nature and extent so as to reasonably preclude the performance of the 11
161	161	employment; [or] 12
162	162
163	163	(ii) the individual’s refusal to submit to a genetic test or make 13
164	164	available the results of a genetic test; OR 14
165	165
166	166	(III) UNLESS A FAILURE TO DO SO WOULD VIOLATE FEDERAL 15
167	167	LAW OR REGULATIONS O R CAUSE THE EMPLOYER TO LOSE A MONETARY O R 16
168	168	LICENSING–RELATED BENEFIT UNDE R FEDERAL LAW OR REG ULATIONS: 17
169	169
170	170	1. THE INDIVIDUAL ’S RECEIPT OF A WRITT EN 18
171	171	CERTIFICATION FOR THE USE OF MEDICAL CANNA BIS UNDER TITLE 13, SUBTITLE 19
172	172	33 OF THE HEALTH – GENERAL ARTICLE; OR 20
173	173
174	174	2. THE INDIVIDUAL ’S POSITIVE DRUG TEST FOR 21
175	175	CANNABIS COMPONENTS OR METABOLITES IF TH E INDIVIDUAL HOLDS A WRITTEN 22
176	176	CERTIFICATION FOR TH E USE OF MEDICAL CANNABIS UNDER TITLE 13, SUBTITLE 23
177	177	33 OF THE HEALTH – GENERAL ARTICLE; 24
178	178
179	179	(3) request or require genetic tests or genetic information as a condition of 25
180	180	hiring or determining benefits; 26
181	181
182	182	(4) fail or refuse to make a reasonable accommodation for the known 27
183	183	disability of an otherwise qualified employee; or 28
184	184
185	185	(5) engage in harassment of an employee. 29
186	186
187	187	(G) THE PROHIBITIONS UNDE R SUBSECTION (A)(1)(III) AND (2)(III) OF THIS 30
188	188	SECTION: 31
189	189
190	190	(1) DO NOT PREVENT AN EM PLOYER FROM ADOPTING POLICIES AND 32
191	191	PROCEDURES TH AT PROHIBIT AN EMPLO YEE FROM PERFORMING THE EMPLOYEE ’S 33
192	192	DUTIES WHILE IMPAIRE D BY MEDICAL CANNABI S; AND 34 HOUSE BILL 628 5
193	193
194	194
195	195
196	196	(2) MAY NOT BE CONSTRUED TO REQUIRE ANY DEFENSE INDUSTRIAL 1
197	197	BASE SECTOR EMPLOYER OR PROSPECTIVE EMPLO YER, AS DEFINED BY THE U.S. 2
198	198	CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, TO HIRE OR RETAIN 3
199	199	ANY APPLICANT OR EMP LOYEE WHO TESTS POSI TIVE FOR 4
200	200	TETRAHYDROCANNABINOL (THC) IN EXCESS OF 50 NANOGRAMS PER MILLIL ITER 5
201	201	FOR A URINE TEST OR 10 PICOGRAMS PER MILLIG RAM FOR A HAIR TEST. 6
202	202
203	203	SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 7
204	204	construed to apply only prospectively and may not be applied or interpreted to have any 8
205	205	effect on or application to any claim arising from events occurring before the effective date 9
206	206	of this Act. 10
207	207
208	208	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
209	209	October 1, 2022. 12