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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0797*
HOUSE BILL 797
D5, A3, E4 6lr2818
HB 1408/25 – ECM CF SB 439
By: Delegate Boafo
Introduced and read first time: February 4, 2026
Assigned to: Economic Matters
Committee Report: Favorable
House action: Adopted
Read second time: March 16, 2026
CHAPTER ______
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 and 2025 Supplement) 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 2025 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
2 HOUSE BILL 797
36–101. 1
(a) In this title the following words have the meanings indicated. 2
(m) “Certifying provider” means an individual who: 3
(1) (i) 1. has an active, unrestricted license to practice medicine 4
that was issued by the State Board of Physicians under Title 14 of the Health Occupations 5
Article; and 6
2. is in good standing with the State Board of Physicians; 7
(ii) 1. has an active, unrestricted license to practice dentistry 8
that was issued by the State Board of Dental Examiners under Title 4 of the Health 9
Occupations Article; and 10
2. is in good standing with the State Board of Dental 11
Examiners; 12
(iii) 1. has an active, unrestricted license to practice podiatry 13
that was issued by the Stat e Board of Podiatric Medical Examiners under Title 16 of the 14
Health Occupations Article; and 15
2. is in good standing with the State Board of Podiatric 16
Medical Examiners; 17
(iv) 1. has an active, unrestricted license to practice registered 18
nursing and has an active, unrestricted certification to practice as a nurse practitioner or 19
a nurse midwife that was issued by the State Board of Nursing under Title 8 of the Health 20
Occupations Article; and 21
2. is in good standing with the State Board of Nursing; or 22
(v) 1. has an active, unrestricted license to practice as a 23
physician assistant issued by the State Board of Physicians under Title 15 of the Health 24
Occupations Article; 25
2. has an active collaboration agreement with a patient care 26
team physician who is a certifying provider; and 27
3. is in good standing with the State Board of Physicians; 28
(2) has a State controlled dangerous substances registration; and 29
(3) is registered with the Administration to make cannabis available to 30
patients for medical use in accordance with regulations adopted by the Administration. 31
HOUSE BILL 797 3
(ee) “Qualifying patient” means an individual who: 1
(1) has been provided with a written certification by a certifying provider 2
in accordance with a bona fide provider–patient relationship; and 3
(2) if under the age of 18 years, has a caregiver. 4
(kk) “Written certification” means a certification that: 5
(1) is issued by a certifying provider to a qualifying patient with whom the 6
provider has a bona fide provider–patient relationship; 7
(2) includes a written statement certifying that, in the certifying provider’s 8
professional opinion, after having completed an assessment of the patient’s medical history 9
and current medical condition, the patient has a condition: 10
(i) that meets the inclusion criteria and does not meet the exclusion 11
criteria of the certifying provider’s application; and 12
(ii) for which the potential benefits of the medical use of cannabis 13
would likely outweigh the health risks for the patient; and 14
(3) may include a written statement certifying that, in the certifying 15
provider’s professional opinion, a 30–day supply of medical cannabis would be inadequate 16
to meet the medical needs of the qualifying patient. 17
Article – State Government 18
20–601. 19
(a) In this subtitle the following words have the meanings indicated. 20
(b) (1) “Disability” means: 21
(i) 1. a physical disability, infirmity, malformation, or 22
disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or 23
2. a mental impairment or deficiency; 24
(ii) a record of having a physical or mental impairment as otherwise 25
defined under this subsection; or 26
(iii) being regarded as having a physical or mental impairment as 27
otherwise defined under this subsection. 28
(2) “Disability” includes: 29
4 HOUSE BILL 797
(i) 1. any degree of paralysis, amputation, or lack of physical 1
coordination; 2
2. blindness or visual impairment; 3
3. deafness or hearing impairment; 4
4. muteness or speech impediment; and 5
5. physical reliance on a service animal, wheelchair, or other 6
remedial appliance or device; and 7
(ii) intellectual and any other mental impairment or deficiency that 8
may have necessitated remedial or special education and related services. 9
(c) (1) “Employee” means: 10
(i) an individual employed by an employer; or 11
(ii) an individual working as an independent contractor for an 12
employer. 13
(2) Unless the individual is subject to the State or local civil service laws, 14
“employee” does not include: 15
(i) an individual elected to public office; 16
(ii) an appointee on the policy making level; or 17
(iii) an immediate adviser with respect to the exercise of the 18
constitutional or legal powers of an elected office. 19
(d) (1) “Employer” means: 20
(i) a person that: 21
1. is engaged in an industry or business; and 22
2. A. has 15 or more employees for each working day in 23
each of 20 or more calendar weeks in the current or preceding calendar year; or 24
B. if an employee has filed a complaint alleging harassment, 25
has one or more employees for each working day in each of 20 or more calendar weeks in 26
the current or preceding calendar year; and 27
(ii) an agent of a person described in item (i) of this paragraph. 28
HOUSE BILL 797 5
(2) “Employer” includes the State to the extent provided in this title. 1
(3) Except for a labor organization, “employer” does not include a bona fide 2
private membership club that is exempt from taxation under § 501(c) of the Internal 3
Revenue Code. 4
(e) (1) “Employment agency” means: 5
(i) a person that regularly undertakes with or without 6
compensation to procure: 7
1. employees for an employer; or 8
2. opportunities for employees to work for an employer; and 9
(ii) an agent of a person described in item (i) of this paragraph. 10
(2) Except for the United States Employment Service and the system of 11
State and local employment services receiving federal assistance, “employment agency” 12
does not include a unit of the United States, the State, or a political subdivision of the State. 13
(f) “FIRE AND RESCUE PUBLI C SAFETY EMPLOYEE ” MEANS A 14
FIREFIGHTER, AN EMERGENCY MEDICAL TECHNICIAN, A CARDIAC RESCUE 15
TECHNICIAN, OR A PARAMEDIC EMPLOYED BY: 16
(1) A MUNICIPAL CORPORATION; 17
(2) A COUNTY; 18
(3) THE STATE; 19
(4) THE STATE AIRPORT AUTHORITY; OR 20
(5) A FIRE CONTROL DISTRICT. 21
(G) “Genetic information” has the meaning stated in § 27 –909(a)(3) of the 22
Insurance Article. 23
[(g)] (H) “Genetic test” has the meaning stated in § 27–909(a)(5) of the Insurance 24
Article. 25
[(h)] (I) “Harassment” includes: 26
(1) unwelcome and offensive conduct, which need not be severe or 27
pervasive, when: 28
6 HOUSE BILL 797
(i) the conduct is based on race, color, religion, ancestry or national 1
origin, sex, age, marital status, sexual orientation, gender identity, d isability, or military 2
status; and 3
(ii) 1. submission to the conduct is made either explicitly or 4
implicitly a term or condition of employment of an individual; 5
2. submission to or rejection of the conduct is used as a basis 6
for employment decisions affecting the individual; or 7
3. based on the totality of the circumstances, the conduct 8
unreasonably creates a working environment that a reasonable person would perceive to 9
be abusive or hostile; and 10
(2) sexual harassment. 11
[(i)] (J) (1) “Labor organization” means: 12
(i) a labor organization engaged in an industry; and 13
(ii) an agent of an organization described in item (i) of this 14
paragraph. 15
(2) “Labor organization” includes: 16
(i) an organization of any kind, an agency, or an employee 17
representation committee, group, association, or plan: 18
1. in which employees participate; and 19
2. that exists, wholly or partly, for the purpose of dealing 20
with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other 21
terms or conditions of employment; and 22
(ii) a conference, general committee, joint or system board, or joint 23
council that is subordinate to a national or international labor organization. 24
[(j)] (K) “Religion” includes all aspects of religiou s observances, practice, and 25
belief. 26
[(k)] (L) “Sexual harassment” includes conduct, which need not be severe or 27
pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other 28
conduct of a sexual nature when: 29
(1) submission to the conduct is made either explicitly or implicitly a term 30
or condition of employment of an individual; 31
HOUSE BILL 797 7
(2) submission to or rejection of the conduct is used as a basis for 1
employment decisions affecting the individual; or 2
(3) based on the total ity of the circumstances, the conduct unreasonably 3
creates a working environment that a reasonable person would perceive to be abusive or 4
hostile. 5
20–606. 6
(a) An employer may not: 7
(1) fail or refuse to hire, discharge, or otherwise discriminate agai nst any 8
individual with respect to the individual’s compensation, terms, conditions, or privileges of 9
employment because of: 10
(i) the individual’s race, color, religion, sex, age, national origin, 11
marital status, sexual orientation, gender identity, genetic information, military status, or 12
disability unrelated in nature and extent so as to reasonably preclude the performance of 13
the employment; or 14
(ii) the individual’s refusal to submit to a genetic test or make 15
available the results of a genetic test; 16
(2) limit, segregate, or classify its employees or applicants for employment 17
in any way that would deprive or tend to deprive any individual of employment 18
opportunities or otherwise adversely affect the individual’s status as an employee because 19
of: 20
(i) the individual’s race, color, religion, sex, age, national origin, 21
marital status, sexual orientation, gender identity, genetic information, military status, or 22
disability unrelated in nature and extent so as to reasonably preclude the performa nce of 23
the employment; or 24
(ii) the individual’s refusal to submit to a genetic test or make 25
available the results of a genetic test; 26
(3) request or require genetic tests or genetic information as a condition of 27
hiring or determining benefits; 28
(4) fail or refuse to make a reasonable accommodation for the known 29
disability of an otherwise qualified employee or an applicant for employment; or 30
(5) engage in harassment of an employee. 31
(b) An employment agency may not: 32
8 HOUSE BILL 797
(1) fail or refuse to refer for employment or otherwise discriminate against 1
any individual because of the individual’s race, color, religion, sex, age, national origin, 2
marital status, sexual orientation, gender identity, military status, or disability unrelated 3
in nature and extent so as to reasonably preclude the performance of the employment; or 4
(2) classify or refer for employment any individual on the basis of the 5
individual’s race, color, religion, sex, age, national origin, marital status, sexual 6
orientation, gender identi ty, military status, or disability unrelated in nature and extent 7
so as to reasonably preclude the performance of the employment. 8
(c) A labor organization may not: 9
(1) exclude or expel from its membership, or otherwise discriminate 10
against, any indivi dual because of the individual’s race, color, religion, sex, age, national 11
origin, marital status, sexual orientation, gender identity, military status, or disability 12
unrelated in nature and extent so as to reasonably preclude the performance of the 13
employment; 14
(2) limit, segregate, or classify its membership, or classify or fail or refuse 15
to refer for employment any individual, in any way that would deprive or tend to deprive 16
the individual of employment opportunities, limit the individual’s employment 17
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 18
applicant for employment because of the individual’s race, color, religion, sex, age, national 19
origin, marital status, sexual orientation, gender identity, militar y status, or disability 20
unrelated in nature and extent so as to reasonably preclude the performance of the 21
employment; or 22
(3) cause or attempt to cause an employer to discriminate against an 23
individual in violation of this section. 24
(d) An employer, labor organization, or joint labor –management committee 25
controlling apprenticeship or other training or retraining programs, including on –the–job 26
training programs, may not discriminate against any individual in admission to, or 27
employment in, any program established to provide apprenticeship or other training or 28
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 29
status, sexual orientation, gender identity, military status, or disability unrelated in nature 30
and extent so as to reasonably preclude the performance of the employment. 31
(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 32
labor organization, or employment agency may not print or cause to be printed or published 33
any notice or advertisement relating to employment by the employer, membership in or any 34
classification or referral for employment by the labor organization, or any classification or 35
referral for employment by the employment agency that indicates any preference, 36
limitation, specification, or discrimination based on race, color, religion, sex, age, national 37
origin, marital status, sexual orientation, gender identity, disability, or military status. 38
HOUSE BILL 797 9
(2) A notice or advertisement may indicate a preference, limitation, 1
specification, or discrimination based on religion, sex, age, national origin, marital status, 2
disability, or military status if religion, sex, age, national origin, marital status, disability, 3
or military status is a bona fide occupational qualification for employment. 4
(f) An employer may not discriminate or retaliate against any of its employees or 5
applicants for employment, an employment agency may not discriminate against any 6
individual, and a labor organization may not discriminate or retaliate against any member 7
or applicant for membership because the individual has: 8
(1) opposed any practice prohibited by this subtitle; or 9
(2) made a charge, testified, assisted, or participated in any manner in an 10
investigation, proceeding, or hearing under this subtitle. 11
(G) (1) IN THIS SUBSECTION , “WRITTEN CERTIFICATIO N” HAS THE 12
MEANING STATED IN § 36–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS 13
ARTICLE. 14
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, ON THE BASIS 15
OF A FIRE AND RESCUE PUBLIC SAFETY EMPLOY EE’S POSSESSION OF A VA LID 16
WRITTEN CERTIFICATION, OR ON THE BASIS OF A FIRE AND RESCUE PUBLIC SAFETY 17
EMPLOYEE TESTING POS ITIVE FOR CANNABIS C OMPONENTS OR METABOL ITES 18
WHILE HOLDING A VALID WRITTEN CERTIFICATION, AN EMPLOYER MAY NOT: 19
(I) DISCIPLINE, DISCHARGE, OR OTHERWISE DISCRIM INATE 20
AGAINST THE FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE WITH RESPECT TO THE 21
EMPLOYEE’S COMPENSATION , TERMS, CONDITIONS, OR PRIVILEGES OF 22
EMPLOYMENT; OR 23
(II) LIMIT, SEGREGATE, OR CLASSIFY ITS EMPL OYEES IN ANY 24
WAY THAT WOULD DEPR IVE OR TEND TO DEPRI VE THE FIRE AND RESC UE PUBLIC 25
SAFETY EMPLOYEE OF E MPLOYMENT OPPORTUNITIES OR OTHERWISE ADV ERSELY 26
AFFECT THE FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE’S STATUS AS AN 27
EMPLOYEE. 28
(3) NOTHING IN THIS SUBSECTION: 29
(I) REQUIRES AN EMPLOYER TO COMMIT AN ACT THAT WOULD: 30
1. VIOLATE FEDERAL LAW OR REGULATIONS; OR 31
2. CAUSE THE EMPLOYER T O LOSE A MONETARY OR 32
LICENSING–RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS; OR 33
10 HOUSE BILL 797
(II) PROHIBITS AN EMPLOYER FROM: 1
1. ADOPTING POLICIES AN D PROCEDURES THAT 2
PROHIBIT A FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE FROM PERFORMING THE 3
EMPLOYEE’S DUTIES WHILE IMPAIRED BY CANNABIS; OR 4
2. PROHIBITING A FIRE A ND RESCUE PUBLIC SAF ETY 5
EMPLOYEE FROM USING CANNABIS WHILE ON DUTY. 6
(4) IF A FIRE AND RESCUE PUBLIC SAFETY EMPLOYEE REPORTS FOR 7
WORK WHILE IMPAIRED BY CANNABIS , THE EMPLOYER SHALL R EPORT THE 8
INCIDENT TO THE STATE EMERGENCY MEDICAL SERVICES BOARD. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.