Maryland 2025 Regular Session

Maryland House Bill HB1408 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	hb1408
6	6
7	7	HOUSE BILL 1408
8	8	D5, A3, E4 5lr2676
9	9
10	10	By: Delegate Boafo
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Employment Discrimination – Fire and Rescue Public Safety Employees – Use of 2
19	19	Medical Cannabis 3
20	20
21	21	FOR the purpose of prohibiting an employer from taking certain discriminatory 4
22	22	employment actions against a fire and rescue public safety employee for the use of 5
23	23	medical cannabis, subject to certain conditions; and generally relating to 6
24	24	employment discrimination and the use of medical cannabis. 7
25	25
26	26	BY repealing and reenacting, without amendments, 8
27	27	Article – Alcoholic Beverages and Cannabis 9
28	28	Section 36–101(a), (m), (ee), and (kk) 10
29	29	Annotated Code of Maryland 11
30	30	(2024 Replacement Volume) 12
31	31
32	32	BY repealing and reenacting, with amendments, 13
33	33	Article – State Government 14
34	34	Section 20–601 and 20–606 15
35	35	Annotated Code of Maryland 16
36	36	(2021 Replacement Volume and 2024 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Alcoholic Beverages and Cannabis 20
42	42
43	43	36–101. 21
44	44
45	45	(a) In this title the following words have the meanings indicated. 22
46	46
47	47	(m) “Certifying provider” means an individual who: 23
48	48	2 HOUSE BILL 1408
49	49
50	50
51	51	(1) (i) 1. has an active, unrestricted license to practice medicine 1
52	52	that was issued by the State Board of Physicians under Title 14 of the Health Occupations 2
53	53	Article; and 3
54	54
55	55	2. is in good standing with the State Board of Physicians; 4
56	56
57	57	(ii) 1. has an active, unrestricted license to practice dentistry 5
58	58	that was issued by the State Board of Dental Examiners under Title 4 of the Health 6
59	59	Occupations Article; and 7
60	60
61	61	2. is in good standing with the State Board of Dental 8
62	62	Examiners; 9
63	63
64	64	(iii) 1. has an active, unrestricted license to practice podiatry 10
65	65	that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 11
66	66	Health Occupations Article; and 12
67	67
68	68	2. is in good standing with the State Board of Podiatric 13
69	69	Medical Examiners; 14
70	70
71	71	(iv) 1. has an active, unrestricted license to practice registered 15
72	72	nursing and has an active, unrestricted certification to practice as a nurse practitioner or 16
73	73	a nurse midwife that was issued by the State Board of Nursing under Title 8 of the Health 17
74	74	Occupations Article; and 18
75	75
76	76	2. is in good standing with the State Board of Nursing; or 19
77	77
78	78	(v) 1. has an active, unrestricted license to practice as a 20
79	79	physician assistant issued by the State Board of Physicians under Title 15 of the Health 21
80	80	Occupations Article; 22
81	81
82	82	2. has an active collaboration agreement with a patient care 23
83	83	team physician who is a certifying provider; and 24
84	84
85	85	3. is in good standing with the State Board of Physicians; 25
86	86
87	87	(2) has a State controlled dangerous substances registration; and 26
88	88
89	89	(3) is registered with the Administration to make cannabis available to 27
90	90	patients for medical use in accordance with regulations adopted by the Administration. 28
91	91
92	92	(ee) “Qualifying patient” means an individual who: 29
93	93
94	94	(1) has been provided with a written certification by a certifying provider 30
95	95	in accordance with a bona fide provider–patient relationship; and 31
96	96
97	97	(2) if under the age of 18 years, has a caregiver. 32 HOUSE BILL 1408 3
98	98
99	99
100	100
101	101	(kk) “Written certification” means a certification that: 1
102	102
103	103	(1) is issued by a certifying provider to a qualifying patient with whom the 2
104	104	provider has a bona fide provider–patient relationship; 3
105	105
106	106	(2) includes a written statement certifying that, in the certifying provider’s 4
107	107	professional opinion, after having completed an assessment of the patient’s medical history 5
108	108	and current medical condition, the patient has a condition: 6
109	109
110	110	(i) that meets the inclusion criteria and does not meet the exclusion 7
111	111	criteria of the certifying provider’s application; and 8
112	112
113	113	(ii) for which the potential benefits of the medical use of cannabis 9
114	114	would likely outweigh the health risks for the patient; and 10
115	115
116	116	(3) may include a written statement certifying that, in the certifying 11
117	117	provider’s professional opinion, a 30–day supply of medical cannabis would be inadequate 12
118	118	to meet the medical needs of the qualifying patient. 13
119	119
120	120	Article – State Government 14
121	121
122	122	20–601. 15
123	123
124	124	(a) In this subtitle the following words have the meanings indicated. 16
125	125
126	126	(b) (1) “Disability” means: 17
127	127
128	128	(i) 1. a physical disability, infirmity, malformation, or 18
129	129	disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or 19
130	130
131	131	2. a mental impairment or deficiency; 20
132	132
133	133	(ii) a record of having a physical or mental impairment as otherwise 21
134	134	defined under this subsection; or 22
135	135
136	136	(iii) being regarded as having a physical or mental impairment as 23
137	137	otherwise defined under this subsection. 24
138	138
139	139	(2) “Disability” includes: 25
140	140
141	141	(i) 1. any degree of paralysis, amputation, or lack of physical 26
142	142	coordination; 27
143	143
144	144	2. blindness or visual impairment; 28
145	145
146	146	3. deafness or hearing impairment; 29 4 HOUSE BILL 1408
147	147
148	148
149	149
150	150	4. muteness or speech impediment; and 1
151	151
152	152	5. physical reliance on a service animal, wheelchair, or other 2
153	153	remedial appliance or device; and 3
154	154
155	155	(ii) retardation and any other mental impairment or deficiency that 4
156	156	may have necessitated remedial or special education and related services. 5
157	157
158	158	(c) (1) “Employee” means: 6
159	159
160	160	(i) an individual employed by an employer; or 7
161	161
162	162	(ii) an individual working as an independent contractor for an 8
163	163	employer. 9
164	164
165	165	(2) Unless the individual is subject to the State or local civil service laws, 10
166	166	“employee” does not include: 11
167	167
168	168	(i) an individual elected to public office; 12
169	169
170	170	(ii) an appointee on the policy making level; or 13
171	171
172	172	(iii) an immediate adviser with respect to the exercise of the 14
173	173	constitutional or legal powers of an elected office. 15
174	174
175	175	(d) (1) “Employer” means: 16
176	176
177	177	(i) a person that: 17
178	178
179	179	1. is engaged in an industry or business; and 18
180	180
181	181	2. A. has 15 or more employees for each working day in 19
182	182	each of 20 or more calendar weeks in the current or preceding calendar year; or 20
183	183
184	184	B. if an employee has filed a complaint alleging harassment, 21
185	185	has one or more employees for each working day in each of 20 or more calendar weeks in 22
186	186	the current or preceding calendar year; and 23
187	187
188	188	(ii) an agent of a person described in item (i) of this paragraph. 24
189	189
190	190	(2) “Employer” includes the State to the extent provided in this title. 25
191	191
192	192	(3) Except for a labor organization, “employer” does not include a bona fide 26
193	193	private membership club that is exempt from taxation under § 501(c) of the Internal 27
194	194	Revenue Code. 28
195	195	HOUSE BILL 1408 5
196	196
197	197
198	198	(e) (1) “Employment agency” means: 1
199	199
200	200	(i) a person that regularly undertakes with or without 2
201	201	compensation to procure: 3
202	202
203	203	1. employees for an employer; or 4
204	204
205	205	2. opportunities for employees to work for an employer; and 5
206	206
207	207	(ii) an agent of a person described in item (i) of this paragraph. 6
208	208
209	209	(2) Except for the United States Employment Service and the system of 7
210	210	State and local employment services receiving federal assistance, “employment agency” 8
211	211	does not include a unit of the United States, the State, or a political subdivision of the State. 9
212	212
213	213	(f) “FIRE AND RESCUE PUBLI C SAFETY EMPLOYEE ” MEANS A 10
214	214	FIREFIGHTER, AN EMERGENCY MEDICAL TECHNICIAN, A CARDIAC RESCUE 11
215	215	TECHNICIAN, OR A PARAMEDIC EMPLO YED BY: 12
216	216
217	217	(1) A MUNICIPAL CORPORAT ION; 13
218	218
219	219	(2) A COUNTY; 14
220	220
221	221	(3) THE STATE; 15
222	222
223	223	(4) THE STATE AIRPORT AUTHORITY; OR 16
224	224
225	225	(5) A FIRE CONTROL DISTR ICT. 17
226	226
227	227	(G) “Genetic information” has the meaning stated in § 27–909(a)(3) of the 18
228	228	Insurance Article. 19
229	229
230	230	[(g)] (H) “Genetic test” has the meaning stated in § 27–909(a)(5) of the Insurance 20
231	231	Article. 21
232	232
233	233	[(h)] (I) “Harassment” includes: 22
234	234
235	235	(1) unwelcome and offensive conduct, which need not be severe or 23
236	236	pervasive, when: 24
237	237
238	238	(i) the conduct is based on race, color, religion, ancestry or national 25
239	239	origin, sex, age, marital status, sexual orientation, gender identity, disability, or military 26
240	240	status; and 27
241	241
242	242	(ii) 1. submission to the conduct is made either explicitly or 28
243	243	implicitly a term or condition of employment of an individual; 29 6 HOUSE BILL 1408
244	244
245	245
246	246
247	247	2. submission to or rejection of the conduct is used as a basis 1
248	248	for employment decisions affecting the individual; or 2
249	249
250	250	3. based on the totality of the circumstances, the conduct 3
251	251	unreasonably creates a working environment that a reasonable person would perceive to 4
252	252	be abusive or hostile; and 5
253	253
254	254	(2) sexual harassment. 6
255	255
256	256	[(i)] (J) (1) “Labor organization” means: 7
257	257
258	258	(i) a labor organization engaged in an industry; and 8
259	259
260	260	(ii) an agent of an organization described in item (i) of this 9
261	261	paragraph. 10
262	262
263	263	(2) “Labor organization” includes: 11
264	264
265	265	(i) an organization of any kind, an agency, or an employee 12
266	266	representation committee, group, association, or plan: 13
267	267
268	268	1. in which employees participate; and 14
269	269
270	270	2. that exists, wholly or partly, for the purpose of dealing 15
271	271	with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other 16
272	272	terms or conditions of employment; and 17
273	273
274	274	(ii) a conference, general committee, joint or system board, or joint 18
275	275	council that is subordinate to a national or international labor organization. 19
276	276
277	277	[(j)] (K) “Religion” includes all aspects of religious observances, practice, and 20
278	278	belief. 21
279	279
280	280	[(k)] (L) “Sexual harassment” includes conduct, which need not be severe or 22
281	281	pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other 23
282	282	conduct of a sexual nature when: 24
283	283
284	284	(1) submission to the conduct is made either explicitly or implicitly a term 25
285	285	or condition of employment of an individual; 26
286	286
287	287	(2) submission to or rejection of the conduct is used as a basis for 27
288	288	employment decisions affecting the individual; or 28
289	289
290	290	(3) based on the totality of the circumstances, the conduct unreasonably 29
291	291	creates a working environment that a reasonable person would perceive to be abusive or 30
292	292	hostile. 31 HOUSE BILL 1408 7
293	293
294	294
295	295
296	296	20–606. 1
297	297
298	298	(a) An employer may not: 2
299	299
300	300	(1) fail or refuse to hire, discharge, or otherwise discriminate against any 3
301	301	individual with respect to the individual’s compensation, terms, conditions, or privileges of 4
302	302	employment because of: 5
303	303
304	304	(i) the individual’s race, color, religion, sex, age, national origin, 6
305	305	marital status, sexual orientation, gender identity, genetic information, military status, or 7
306	306	disability unrelated in nature and extent so as to reasonably preclude the performance of 8
307	307	the employment; or 9
308	308
309	309	(ii) the individual’s refusal to submit to a genetic test or make 10
310	310	available the results of a genetic test; 11
311	311
312	312	(2) limit, segregate, or classify its employees or applicants for employment 12
313	313	in any way that would deprive or tend to deprive any individual of employmen t 13
314	314	opportunities or otherwise adversely affect the individual’s status as an employee because 14
315	315	of: 15
316	316
317	317	(i) the individual’s race, color, religion, sex, age, national origin, 16
318	318	marital status, sexual orientation, gender identity, genetic information, military status, or 17
319	319	disability unrelated in nature and extent so as to reasonably preclude the performance of 18
320	320	the employment; or 19
321	321
322	322	(ii) the individual’s refusal to submit to a genetic test or make 20
323	323	available the results of a genetic test; 21
324	324
325	325	(3) request or require genetic tests or genetic information as a condition of 22
326	326	hiring or determining benefits; 23
327	327
328	328	(4) fail or refuse to make a reasonable accommodation for the known 24
329	329	disability of an otherwise qualified employee or an applicant for employment; or 25
330	330
331	331	(5) engage in harassment of an employee. 26
332	332
333	333	(b) An employment agency may not: 27
334	334
335	335	(1) fail or refuse to refer for employment or otherwise discriminate against 28
336	336	any individual because of the individual’s race, color, religion, sex, age, national origin, 29
337	337	marital status, sexual orientation, gender identity, military status, or disability unrelated 30
338	338	in nature and extent so as to reasonably preclude the performance of the employment; or 31
339	339
340	340	(2) classify or refer for employment any individual on the basis of the 32
341	341	individual’s race, color, religion, sex, age, national origin, marital status, sexual 33 8 HOUSE BILL 1408
342	342
343	343
344	344	orientation, gender identity, military status, or disability unrelated in nature and extent 1
345	345	so as to reasonably preclude the performance of the employment. 2
346	346
347	347	(c) A labor organization may not: 3
348	348
349	349	(1) exclude or expel from its membership, or otherwise discriminate 4
350	350	against, any individual because of the individual’s race, color, religion, sex, age, national 5
351	351	origin, marital status, sexual orientation, gender identity, military status, or disability 6
352	352	unrelated in nature and extent so as to reasonably preclude the performance of the 7
353	353	employment; 8
354	354
355	355	(2) limit, segregate, or classify its membership, or classify or fail or refuse 9
356	356	to refer for employment any individual, in any way that would deprive or tend to deprive 10
357	357	the individual of employment opportunities, limit the individual’s employment 11
358	358	opportunities, or otherwise adversely affect the individual’s status as an employee or as an 12
359	359	applicant for employment because of the individual’s race, color, religion, sex, age, national 13
360	360	origin, marital status, sexual orientation, gender identity, military status, or disability 14
361	361	unrelated in nature and extent so as to reasonably preclude the performance of the 15
362	362	employment; or 16
363	363
364	364	(3) cause or attempt to cause an employer to discriminate against an 17
365	365	individual in violation of this section. 18
366	366
367	367	(d) An employer, labor organization, or joint labor–management committee 19
368	368	controlling apprenticeship or other training or retraining programs, including on–the–job 20
369	369	training programs, may not discriminate against any individual in admission to, or 21
370	370	employment in, any program established to provide apprenticeship or other training or 22
371	371	retraining because of the individual’s race, color, religion, sex, age, national origin, marital 23
372	372	status, sexual orientation, gender identity, military status, or disability unrelated in nature 24
373	373	and extent so as to reasonably preclude the performance of the employment. 25
374	374
375	375	(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 26
376	376	labor organization, or employment agency may not print or cause to be printed or published 27
377	377	any notice or advertisement relating to employment by the employer, membership in or any 28
378	378	classification or referral for employment by the labor organization, or any classification or 29
379	379	referral for employment by the employment agency that indicates any preference, 30
380	380	limitation, specification, or discrimination based on race, color, religion, sex, age, national 31
381	381	origin, marital status, sexual orientation, gender identity, disability, or military status. 32
382	382
383	383	(2) A notice or advertisement may indicate a preference, limitation, 33
384	384	specification, or discrimination based on religion, sex, age, national origin, marital status, 34
385	385	disability, or military status if religion, sex, age, national origin, marital status, disability, 35
386	386	or military status is a bona fide occupational qualification for employment. 36
387	387
388	388	(f) An employer may not discriminate or retaliate against any of its employees or 37
389	389	applicants for employment, an employment agency may not discriminate against any 38 HOUSE BILL 1408 9
390	390
391	391
392	392	individual, and a labor organization may not discriminate or retaliate against any member 1
393	393	or applicant for membership because the individual has: 2
394	394
395	395	(1) opposed any practice prohibited by this subtitle; or 3
396	396
397	397	(2) made a charge, testified, assisted, or participated in any manner in an 4
398	398	investigation, proceeding, or hearing under this subtitle. 5
399	399
400	400	(G) (1) IN THIS SUBSECTION , “WRITTEN CERTIFICATIO N” HAS THE 6
401	401	MEANING STATED IN § 36–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS 7
402	402	ARTICLE. 8
403	403
404	404	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON THE BASIS 9
405	405	OF A FIRE AND RESCUE PUBLIC SAFETY EMPLOY EE’S POSSESSION OF A VA LID 10
406	406	WRITTEN CERTIFICATIO N, OR ON THE BASIS OF A FIRE AND RESCUE PUBL IC SAFETY 11
407	407	EMPLOYEE TESTING POS ITIVE FOR CANNABIS C OMPONENTS OR MET ABOLITES 12
408	408	WHILE HOLDING A VALI D WRITTEN CERTIFICAT ION, AN EMPLOYER MAY NOT : 13
409	409
410	410	(I) DISCIPLINE, DISCHARGE, OR OTHERWISE DISCRIM INATE 14
411	411	AGAINST THE FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE WITH RESPEC T TO THE 15
412	412	EMPLOYEE’S COMPENSATION , TERMS, CONDITIONS, OR PRIVIL EGES OF 16
413	413	EMPLOYMENT ; OR 17
414	414
415	415	(II) LIMIT, SEGREGATE, OR CLASSIFY ITS EMPLOYEES IN ANY 18
416	416	WAY THAT WOULD DEPRIVE OR TEND TO D EPRIVE THE FIRE AND RESCUE PUBLIC 19
417	417	SAFETY EMPLOYEE OF E MPLOYMENT OPPORTUNIT IES OR OTHERWISE ADV ERSELY 20
418	418	AFFECT THE FIRE AND RESCUE PUBLIC SAF ETY EMPLOYEE ’S STATUS AS AN 21
419	419	EMPLOYEE. 22
420	420
421	421	(3) NOTHING IN THIS SUBSE CTION: 23
422	422
423	423	(I) REQUIRES AN EMPLOYER TO COMMIT AN ACT THA T WOULD: 24
424	424
425	425	1. VIOLATE FEDERAL LAW OR REGULATIONS ; OR 25
426	426
427	427	2. CAUSE THE EMPLOYER T O LOSE A MONETARY OR 26
428	428	LICENSING–RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS ; OR 27
429	429
430	430	(II) PROHIBITS AN EMPLOYER FROM : 28
431	431
432	432	1. ADOPTING POLICIES AN D PROCEDURES THAT 29
433	433	PROHIBIT A FIRE AND RESCUE PUBL IC SAFETY EMPLOYEE FROM PERFOR MING THE 30
434	434	EMPLOYEE’S DUTIES WHILE IMPAI RED BY MEDICAL CANNA BIS; OR 31
435	435	10 HOUSE BILL 1408
436	436
437	437
438	438	2. PROHIBITING A FIRE AND RESCUE PUBL IC SAFETY 1
439	439	EMPLOYEE FROM USING MEDICAL CANNABIS WITHIN 12 HOURS BEFORE REPORTING 2
440	440	FOR A WORK ASSIGNMEN T. 3
441	441
442	442	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
443	443	October 1, 2025. 5