EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0628*
HOUSE BILL 628
K1, D5 2lr1000
CF 2lr1001
By: Delegates K. Young, Howell, Jalisi, Kerr, Landis, Lehman, Lierman, Shetty,
and Solomon
Introduced and read first time: January 31, 2022
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Employment – Workers’ Compensation and Workplace Discrimination – Use of 2
Medical Cannabis 3
FOR the purpose of altering the circumstances under which a covered employee or a 4
dependent of a covered employee is not entitled to compensation or benefits under 5
the workers’ compensation law to include circumstances related to the use of medical 6
cannabis; including medical cannabis in the medicine that an employer or its insurer 7
is required to provide to a certain covered employee under certain circumstances; 8
prohibiting an employer from discriminating against an individual because of the 9
individual’s receipt of a certain written certification for the use of medical cannabis 10
or the individual’s positive drug test under certain circumstances; and generally 11
relating to employment, workers’ compensation, workplace discrimination, and the 12
use of medical cannabis. 13
BY repealing and reenacting, without amendments, 14
Article – Labor and Employment 15
Section 9–506(a) and 9–660(b) 16
Annotated Code of Maryland 17
(2016 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Labor and Employment 20
Section 9–506(b) and 9–660(a) 21
Annotated Code of Maryland 22
(2016 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – State Government 25
Section 20–606(a) 26
Annotated Code of Maryland 27 2 HOUSE BILL 628
(2021 Replacement Volume) 1
BY adding to 2
Article – State Government 3
Section 20–606(g) 4
Annotated Code of Maryland 5
(2021 Replacement Volume) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Labor and Employment 9
9–506. 10
(a) A covered employee or a dependent of a covered employee is not entitled to 11
compensation or benefits under this title as a result of: 12
(1) an intentional, self–inflicted accidental personal injury, compensable 13
hernia, or occupational disease; or 14
(2) an attempt to injure or kill another. 15
(b) A covered employee or a dependent of a covered employee is not entitled to 16
compensation or benefits under this title as a result of an accidental personal injury, 17
compensable hernia, or occupational disease if: 18
(1) the accidental personal injury, compensable hernia, or occupational 19
disease was caused solely by the effect on the covered employee of: 20
(i) a depressant, hallucinogenic, hypnotic, narcotic, or stimulant 21
drug; or 22
(ii) another drug that makes the covered employee incapable of 23
satisfactory job performance; and 24
(2) the drug was not administered or taken in accordance with: 25
(I) the prescription of a physician; OR 26
(II) FOR MEDICAL CANNABIS , THE WRITTEN CERTIFIC ATION OF 27
A CERTIFYING PROVIDE R OR THE WRITTEN INSTRUCTIONS OF A PHYSICIAN. 28
9–660. 29
(a) In addition to the compensation provided under this subtitle, if a covered 30
employee has suffered an accidental personal injury, compensable hernia, or occupational 31 HOUSE BILL 628 3
disease the employer or its insurer promptly shall provide to the covered employee, as the 1
Commission may require: 2
(1) medical, surgical, or other attendance or treatment; 3
(2) hospital and nursing services; 4
(3) medicine, INCLUDING MEDICAL CA NNABIS; 5
(4) crutches and other apparatus; and 6
(5) artificial arms, feet, hands, and legs and other prosthetic appliances. 7
(b) The employer or its insurer shall provide the medical services and treatment 8
required under subsection (a) of this section for the period required by the nature of the 9
accidental personal injury, compensable hernia, or occupational disease. 10
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 11
as follows: 12
Article – State Government 13
20–606. 14
(a) An employer may not: 15
(1) fail or refuse to hire, discharge, or otherwise discriminate against any 16
individual with respect to the individual’s compensation, terms, conditions, or privileges of 17
employment because of: 18
(i) the individual’s race, color, religion, sex, age, national origin, 19
marital status, sexual orientation, gender identity, genetic information, or disability 20
unrelated in nature and extent so as to reasonably preclude the performance of the 21
employment; [or] 22
(ii) the individual’s refusal to submit to a genetic test or make 23
available the results of a genetic test; OR 24
(III) UNLESS A FAILURE TO DO SO WOULD VIOLATE FEDERAL 25
LAW OR REGULATIONS O R CAUSE THE EMPLOYER TO LOSE A MONETARY O R 26
LICENSING–RELATED BENE FIT UNDER FEDERAL LA W OR REGULATIONS : 27
1. THE INDIVIDUAL ’S RECEIPT OF A WRITT EN 28
CERTIFICATION FOR TH E USE OF MEDICAL CAN NABIS UNDER TITLE 13, SUBTITLE 29
33 OF THE HEALTH – GENERAL ARTICLE; OR 30
4 HOUSE BILL 628
2. THE INDIVIDUAL ’S POSITIVE DRUG TEST FOR 1
CANNABIS COMP ONENTS OR METABOLITE S IF THE INDIVIDUAL HOLDS A WRITTEN 2
CERTIFICATION FOR TH E USE OF MEDICAL CAN NABIS UNDER TITLE 13, SUBTITLE 3
33 OF THE HEALTH – GENERAL ARTICLE; 4
(2) limit, segregate, or classify its employees or applicants for employment 5
in any way that would deprive or tend to deprive any individual of employment 6
opportunities or otherwise adversely affect the individual’s status as an employee because 7
of: 8
(i) the individual’s race, color, religion, sex, age, national origin, 9
marital status, sexual orientation, gender identity, genetic information, or disability 10
unrelated in nature and extent so as to reasonably preclude the performance of the 11
employment; [or] 12
(ii) the individual’s refusal to submit to a genetic test or make 13
available the results of a genetic test; OR 14
(III) UNLESS A FAILURE TO DO SO WOULD VIOLATE FEDERAL 15
LAW OR REGULATIONS O R CAUSE THE EMPLOYER TO LOSE A MONETARY O R 16
LICENSING–RELATED BENEFIT UNDE R FEDERAL LAW OR REG ULATIONS: 17
1. THE INDIVIDUAL ’S RECEIPT OF A WRITT EN 18
CERTIFICATION FOR THE USE OF MEDICAL CANNA BIS UNDER TITLE 13, SUBTITLE 19
33 OF THE HEALTH – GENERAL ARTICLE; OR 20
2. THE INDIVIDUAL ’S POSITIVE DRUG TEST FOR 21
CANNABIS COMPONENTS OR METABOLITES IF TH E INDIVIDUAL HOLDS A WRITTEN 22
CERTIFICATION FOR TH E USE OF MEDICAL CANNABIS UNDER TITLE 13, SUBTITLE 23
33 OF THE HEALTH – GENERAL ARTICLE; 24
(3) request or require genetic tests or genetic information as a condition of 25
hiring or determining benefits; 26
(4) fail or refuse to make a reasonable accommodation for the known 27
disability of an otherwise qualified employee; or 28
(5) engage in harassment of an employee. 29
(G) THE PROHIBITIONS UNDE R SUBSECTION (A)(1)(III) AND (2)(III) OF THIS 30
SECTION: 31
(1) DO NOT PREVENT AN EM PLOYER FROM ADOPTING POLICIES AND 32
PROCEDURES TH AT PROHIBIT AN EMPLO YEE FROM PERFORMING THE EMPLOYEE ’S 33
DUTIES WHILE IMPAIRE D BY MEDICAL CANNABI S; AND 34 HOUSE BILL 628 5
(2) MAY NOT BE CONSTRUED TO REQUIRE ANY DEFENSE INDUSTRIAL 1
BASE SECTOR EMPLOYER OR PROSPECTIVE EMPLO YER, AS DEFINED BY THE U.S. 2
CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, TO HIRE OR RETAIN 3
ANY APPLICANT OR EMP LOYEE WHO TESTS POSI TIVE FOR 4
TETRAHYDROCANNABINOL (THC) IN EXCESS OF 50 NANOGRAMS PER MILLIL ITER 5
FOR A URINE TEST OR 10 PICOGRAMS PER MILLIG RAM FOR A HAIR TEST. 6
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 7
construed to apply only prospectively and may not be applied or interpreted to have any 8
effect on or application to any claim arising from events occurring before the effective date 9
of this Act. 10
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12