EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1408*
HOUSE BILL 1408
D5, A3, E4 5lr2676
By: Delegate Boafo
Introduced and read first time: February 7, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Employment Discrimination – Fire and Rescue Public Safety Employees – Use of 2
Medical Cannabis 3
FOR the purpose of prohibiting an employer from taking certain discriminatory 4
employment actions against a fire and rescue public safety employee for the use of 5
medical cannabis, subject to certain conditions; and generally relating to 6
employment discrimination and the use of medical cannabis. 7
BY repealing and reenacting, without amendments, 8
Article – Alcoholic Beverages and Cannabis 9
Section 36–101(a), (m), (ee), and (kk) 10
Annotated Code of Maryland 11
(2024 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Article – State Government 14
Section 20–601 and 20–606 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Alcoholic Beverages and Cannabis 20
36–101. 21
(a) In this title the following words have the meanings indicated. 22
(m) “Certifying provider” means an individual who: 23
2 HOUSE BILL 1408
(1) (i) 1. has an active, unrestricted license to practice medicine 1
that was issued by the State Board of Physicians under Title 14 of the Health Occupations 2
Article; and 3
2. is in good standing with the State Board of Physicians; 4
(ii) 1. has an active, unrestricted license to practice dentistry 5
that was issued by the State Board of Dental Examiners under Title 4 of the Health 6
Occupations Article; and 7
2. is in good standing with the State Board of Dental 8
Examiners; 9
(iii) 1. has an active, unrestricted license to practice podiatry 10
that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 11
Health Occupations Article; and 12
2. is in good standing with the State Board of Podiatric 13
Medical Examiners; 14
(iv) 1. has an active, unrestricted license to practice registered 15
nursing and has an active, unrestricted certification to practice as a nurse practitioner or 16
a nurse midwife that was issued by the State Board of Nursing under Title 8 of the Health 17
Occupations Article; and 18
2. is in good standing with the State Board of Nursing; or 19
(v) 1. has an active, unrestricted license to practice as a 20
physician assistant issued by the State Board of Physicians under Title 15 of the Health 21
Occupations Article; 22
2. has an active collaboration agreement with a patient care 23
team physician who is a certifying provider; and 24
3. is in good standing with the State Board of Physicians; 25
(2) has a State controlled dangerous substances registration; and 26
(3) is registered with the Administration to make cannabis available to 27
patients for medical use in accordance with regulations adopted by the Administration. 28
(ee) “Qualifying patient” means an individual who: 29
(1) has been provided with a written certification by a certifying provider 30
in accordance with a bona fide provider–patient relationship; and 31
(2) if under the age of 18 years, has a caregiver. 32 HOUSE BILL 1408 3
(kk) “Written certification” means a certification that: 1
(1) is issued by a certifying provider to a qualifying patient with whom the 2
provider has a bona fide provider–patient relationship; 3
(2) includes a written statement certifying that, in the certifying provider’s 4
professional opinion, after having completed an assessment of the patient’s medical history 5
and current medical condition, the patient has a condition: 6
(i) that meets the inclusion criteria and does not meet the exclusion 7
criteria of the certifying provider’s application; and 8
(ii) for which the potential benefits of the medical use of cannabis 9
would likely outweigh the health risks for the patient; and 10
(3) may include a written statement certifying that, in the certifying 11
provider’s professional opinion, a 30–day supply of medical cannabis would be inadequate 12
to meet the medical needs of the qualifying patient. 13
Article – State Government 14
20–601. 15
(a) In this subtitle the following words have the meanings indicated. 16
(b) (1) “Disability” means: 17
(i) 1. a physical disability, infirmity, malformation, or 18
disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or 19
2. a mental impairment or deficiency; 20
(ii) a record of having a physical or mental impairment as otherwise 21
defined under this subsection; or 22
(iii) being regarded as having a physical or mental impairment as 23
otherwise defined under this subsection. 24
(2) “Disability” includes: 25
(i) 1. any degree of paralysis, amputation, or lack of physical 26
coordination; 27
2. blindness or visual impairment; 28
3. deafness or hearing impairment; 29 4 HOUSE BILL 1408
4. muteness or speech impediment; and 1
5. physical reliance on a service animal, wheelchair, or other 2
remedial appliance or device; and 3
(ii) retardation and any other mental impairment or deficiency that 4
may have necessitated remedial or special education and related services. 5
(c) (1) “Employee” means: 6
(i) an individual employed by an employer; or 7
(ii) an individual working as an independent contractor for an 8
employer. 9
(2) Unless the individual is subject to the State or local civil service laws, 10
“employee” does not include: 11
(i) an individual elected to public office; 12
(ii) an appointee on the policy making level; or 13
(iii) an immediate adviser with respect to the exercise of the 14
constitutional or legal powers of an elected office. 15
(d) (1) “Employer” means: 16
(i) a person that: 17
1. is engaged in an industry or business; and 18
2. A. has 15 or more employees for each working day in 19
each of 20 or more calendar weeks in the current or preceding calendar year; or 20
B. if an employee has filed a complaint alleging harassment, 21
has one or more employees for each working day in each of 20 or more calendar weeks in 22
the current or preceding calendar year; and 23
(ii) an agent of a person described in item (i) of this paragraph. 24
(2) “Employer” includes the State to the extent provided in this title. 25
(3) Except for a labor organization, “employer” does not include a bona fide 26
private membership club that is exempt from taxation under § 501(c) of the Internal 27
Revenue Code. 28
HOUSE BILL 1408 5
(e) (1) “Employment agency” means: 1
(i) a person that regularly undertakes with or without 2
compensation to procure: 3
1. employees for an employer; or 4
2. opportunities for employees to work for an employer; and 5
(ii) an agent of a person described in item (i) of this paragraph. 6
(2) Except for the United States Employment Service and the system of 7
State and local employment services receiving federal assistance, “employment agency” 8
does not include a unit of the United States, the State, or a political subdivision of the State. 9
(f) “FIRE AND RESCUE PUBLI C SAFETY EMPLOYEE ” MEANS A 10
FIREFIGHTER, AN EMERGENCY MEDICAL TECHNICIAN, A CARDIAC RESCUE 11
TECHNICIAN, OR A PARAMEDIC EMPLO YED BY: 12
(1) A MUNICIPAL CORPORAT ION; 13
(2) A COUNTY; 14
(3) THE STATE; 15
(4) THE STATE AIRPORT AUTHORITY; OR 16
(5) A FIRE CONTROL DISTR ICT. 17
(G) “Genetic information” has the meaning stated in § 27–909(a)(3) of the 18
Insurance Article. 19
[(g)] (H) “Genetic test” has the meaning stated in § 27–909(a)(5) of the Insurance 20
Article. 21
[(h)] (I) “Harassment” includes: 22
(1) unwelcome and offensive conduct, which need not be severe or 23
pervasive, when: 24
(i) the conduct is based on race, color, religion, ancestry or national 25
origin, sex, age, marital status, sexual orientation, gender identity, disability, or military 26
status; and 27
(ii) 1. submission to the conduct is made either explicitly or 28
implicitly a term or condition of employment of an individual; 29 6 HOUSE BILL 1408
2. submission to or rejection of the conduct is used as a basis 1
for employment decisions affecting the individual; or 2
3. based on the totality of the circumstances, the conduct 3
unreasonably creates a working environment that a reasonable person would perceive to 4
be abusive or hostile; and 5
(2) sexual harassment. 6
[(i)] (J) (1) “Labor organization” means: 7
(i) a labor organization engaged in an industry; and 8
(ii) an agent of an organization described in item (i) of this 9
paragraph. 10
(2) “Labor organization” includes: 11
(i) an organization of any kind, an agency, or an employee 12
representation committee, group, association, or plan: 13
1. in which employees participate; and 14
2. that exists, wholly or partly, for the purpose of dealing 15
with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other 16
terms or conditions of employment; and 17
(ii) a conference, general committee, joint or system board, or joint 18
council that is subordinate to a national or international labor organization. 19
[(j)] (K) “Religion” includes all aspects of religious observances, practice, and 20
belief. 21
[(k)] (L) “Sexual harassment” includes conduct, which need not be severe or 22
pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other 23
conduct of a sexual nature when: 24
(1) submission to the conduct is made either explicitly or implicitly a term 25
or condition of employment of an individual; 26
(2) submission to or rejection of the conduct is used as a basis for 27
employment decisions affecting the individual; or 28
(3) based on the totality of the circumstances, the conduct unreasonably 29
creates a working environment that a reasonable person would perceive to be abusive or 30
hostile. 31 HOUSE BILL 1408 7
20–606. 1
(a) An employer may not: 2
(1) fail or refuse to hire, discharge, or otherwise discriminate against any 3
individual with respect to the individual’s compensation, terms, conditions, or privileges of 4
employment because of: 5
(i) the individual’s race, color, religion, sex, age, national origin, 6
marital status, sexual orientation, gender identity, genetic information, military status, or 7
disability unrelated in nature and extent so as to reasonably preclude the performance of 8
the employment; or 9
(ii) the individual’s refusal to submit to a genetic test or make 10
available the results of a genetic test; 11
(2) limit, segregate, or classify its employees or applicants for employment 12
in any way that would deprive or tend to deprive any individual of employmen t 13
opportunities or otherwise adversely affect the individual’s status as an employee because 14
of: 15
(i) the individual’s race, color, religion, sex, age, national origin, 16
marital status, sexual orientation, gender identity, genetic information, military status, or 17
disability unrelated in nature and extent so as to reasonably preclude the performance of 18
the employment; or 19
(ii) the individual’s refusal to submit to a genetic test or make 20
available the results of a genetic test; 21
(3) request or require genetic tests or genetic information as a condition of 22
hiring or determining benefits; 23
(4) fail or refuse to make a reasonable accommodation for the known 24
disability of an otherwise qualified employee or an applicant for employment; or 25
(5) engage in harassment of an employee. 26
(b) An employment agency may not: 27
(1) fail or refuse to refer for employment or otherwise discriminate against 28
any individual because of the individual’s race, color, religion, sex, age, national origin, 29
marital status, sexual orientation, gender identity, military status, or disability unrelated 30
in nature and extent so as to reasonably preclude the performance of the employment; or 31
(2) classify or refer for employment any individual on the basis of the 32
individual’s race, color, religion, sex, age, national origin, marital status, sexual 33 8 HOUSE BILL 1408
orientation, gender identity, military status, or disability unrelated in nature and extent 1
so as to reasonably preclude the performance of the employment. 2
(c) A labor organization may not: 3
(1) exclude or expel from its membership, or otherwise discriminate 4
against, any individual because of the individual’s race, color, religion, sex, age, national 5
origin, marital status, sexual orientation, gender identity, military status, or disability 6
unrelated in nature and extent so as to reasonably preclude the performance of the 7
employment; 8
(2) limit, segregate, or classify its membership, or classify or fail or refuse 9
to refer for employment any individual, in any way that would deprive or tend to deprive 10
the individual of employment opportunities, limit the individual’s employment 11
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 12
applicant for employment because of the individual’s race, color, religion, sex, age, national 13
origin, marital status, sexual orientation, gender identity, military status, or disability 14
unrelated in nature and extent so as to reasonably preclude the performance of the 15
employment; or 16
(3) cause or attempt to cause an employer to discriminate against an 17
individual in violation of this section. 18
(d) An employer, labor organization, or joint labor–management committee 19
controlling apprenticeship or other training or retraining programs, including on–the–job 20
training programs, may not discriminate against any individual in admission to, or 21
employment in, any program established to provide apprenticeship or other training or 22
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 23
status, sexual orientation, gender identity, military status, or disability unrelated in nature 24
and extent so as to reasonably preclude the performance of the employment. 25
(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 26
labor organization, or employment agency may not print or cause to be printed or published 27
any notice or advertisement relating to employment by the employer, membership in or any 28
classification or referral for employment by the labor organization, or any classification or 29
referral for employment by the employment agency that indicates any preference, 30
limitation, specification, or discrimination based on race, color, religion, sex, age, national 31
origin, marital status, sexual orientation, gender identity, disability, or military status. 32
(2) A notice or advertisement may indicate a preference, limitation, 33
specification, or discrimination based on religion, sex, age, national origin, marital status, 34
disability, or military status if religion, sex, age, national origin, marital status, disability, 35
or military status is a bona fide occupational qualification for employment. 36
(f) An employer may not discriminate or retaliate against any of its employees or 37
applicants for employment, an employment agency may not discriminate against any 38 HOUSE BILL 1408 9
individual, and a labor organization may not discriminate or retaliate against any member 1
or applicant for membership because the individual has: 2
(1) opposed any practice prohibited by this subtitle; or 3
(2) made a charge, testified, assisted, or participated in any manner in an 4
investigation, proceeding, or hearing under this subtitle. 5
(G) (1) IN THIS SUBSECTION , “WRITTEN CERTIFICATIO N” HAS THE 6
MEANING STATED IN § 36–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS 7
ARTICLE. 8
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON THE BASIS 9
OF A FIRE AND RESCUE PUBLIC SAFETY EMPLOY EE’S POSSESSION OF A VA LID 10
WRITTEN CERTIFICATIO N, OR ON THE BASIS OF A FIRE AND RESCUE PUBL IC SAFETY 11
EMPLOYEE TESTING POS ITIVE FOR CANNABIS C OMPONENTS OR MET ABOLITES 12
WHILE HOLDING A VALI D WRITTEN CERTIFICAT ION, AN EMPLOYER MAY NOT : 13
(I) DISCIPLINE, DISCHARGE, OR OTHERWISE DISCRIM INATE 14
AGAINST THE FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE WITH RESPEC T TO THE 15
EMPLOYEE’S COMPENSATION , TERMS, CONDITIONS, OR PRIVIL EGES OF 16
EMPLOYMENT ; OR 17
(II) LIMIT, SEGREGATE, OR CLASSIFY ITS EMPLOYEES IN ANY 18
WAY THAT WOULD DEPRIVE OR TEND TO D EPRIVE THE FIRE AND RESCUE PUBLIC 19
SAFETY EMPLOYEE OF E MPLOYMENT OPPORTUNIT IES OR OTHERWISE ADV ERSELY 20
AFFECT THE FIRE AND RESCUE PUBLIC SAF ETY EMPLOYEE ’S STATUS AS AN 21
EMPLOYEE. 22
(3) NOTHING IN THIS SUBSE CTION: 23
(I) REQUIRES AN EMPLOYER TO COMMIT AN ACT THA T WOULD: 24
1. VIOLATE FEDERAL LAW OR REGULATIONS ; OR 25
2. CAUSE THE EMPLOYER T O LOSE A MONETARY OR 26
LICENSING–RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS ; OR 27
(II) PROHIBITS AN EMPLOYER FROM : 28
1. ADOPTING POLICIES AN D PROCEDURES THAT 29
PROHIBIT A FIRE AND RESCUE PUBL IC SAFETY EMPLOYEE FROM PERFOR MING THE 30
EMPLOYEE’S DUTIES WHILE IMPAI RED BY MEDICAL CANNA BIS; OR 31
10 HOUSE BILL 1408
2. PROHIBITING A FIRE AND RESCUE PUBL IC SAFETY 1
EMPLOYEE FROM USING MEDICAL CANNABIS WITHIN 12 HOURS BEFORE REPORTING 2
FOR A WORK ASSIGNMEN T. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5