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HB1643 • 2026

Employment Discrimination - School Employees - Use of Cannabis

Employment Discrimination - School Employees - Use of Cannabis

Education Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Delegates Turner , Fennell , Ivey , Martinez , Odom , Roberson , Taveras , and Taylor
Last action
2026-02-26
Official status
In the House - First Reading House Rules and Executive Nominations
Effective date
2026-07-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Employment Discrimination - School Employees - Use of Cannabis

Prohibiting a school from discriminating against an applicant for employment or an employee because of the applicant's or the employee's legal use of cannabis outside the workplace, outside of work hours, and without the use of the school's equipment or property; establishing that the Act does not prohibit a school from taking certain actions against an employee under certain circumstances or authorize certain behaviors by an employee; and providing the Act does not apply to certain safety-sensitive employees.

What This Bill Does

  • Prohibiting a school from discriminating against an applicant for employment or an employee because of the applicant's or the employee's legal use of cannabis outside the workplace, outside of work hours, and without the use of the school's equipment or property; establishing that the Act does not prohibit a school from taking certain actions against an employee under certain circumstances or authorize certain behaviors by an employee; and providing the Act does not apply to certain safety-sensitive employees.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-26 House

    First Reading House Rules and Executive Nominations

  2. 2026-02-26 House

    Motion Rules Suspend for Late Introduction (Delegate Turner) Adopted (103-18)

  3. 2026-02-26 House

    Referred Rules and Executive Nominations

  4. Maryland General Assembly

    Text - First - Employment Discrimination - School Employees - Use of Cannabis

Official Summary Text

Prohibiting a school from discriminating against an applicant for employment or an employee because of the applicant's or the employee's legal use of cannabis outside the workplace, outside of work hours, and without the use of the school's equipment or property; establishing that the Act does not prohibit a school from taking certain actions against an employee under certain circumstances or authorize certain behaviors by an employee; and providing the Act does not apply to certain safety-sensitive employees.

Current Bill Text

Read the full stored bill text 
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1643*

HOUSE BILL 1643
D5, F5, A3 6lr3691

By: Delegates Turner, Fennell, Ivey, Martinez, Odom, Roberson, Taveras, and
Taylor
Rules suspended
Introduced and read first time: February 26, 2026
Assigned to: Rules and Executive Nominations

A BILL ENTITLED

AN ACT concerning 1

Employment Discrimination – School Employees – Use of Cannabis 2

FOR the purpose of prohibiting a school from discriminating against an applicant for 3
employment or an employee because of the applicant’s or the employee’s use of 4
cannabis under certain circumstances; establishing that this Act does not prohibit a 5
school from taking certain actions against an employee under certain circumstances 6
or authorize certain behaviors by an employee; and generally relating to 7
discrimination in employment and the use of cannabis by school employees. 8

BY adding to 9
Article – State Government 10
Section 20–606(g) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15

Article – State Government 16

20–606. 17

(G) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE 18
MEANINGS INDICATED. 19

(II) 1. “SAFETY–SENSITIVE EMPLOYEE ” MEANS AN 20
EMPLOYEE WITH RESPONSIBILITIES THAT IF PERFORMED WHILE IMPAIRED COULD 21
RESULT IN IMMEDIATE PHYSICAL HARM TO A STUDENT OR ANOTHER INDIVIDUAL. 22
2 HOUSE BILL 1643

2. “SAFETY–SENSITIVE EMPLOYEE ” INCLUDES 1
TRANSPORTATION AND SECURITY PERSONNEL. 2

3. “SAFETY–SENSITIVE EMPLOYEE” DOES NOT INCLUDE 3
A SCHOOL EMPLOYEE WH O IS CHARGED WITH SC HOOL OR CLASSROOM –BASED 4
SUPERVISION. 5

(III) “SCHOOL” MEANS AN INSTITUTION OF ELEMENTARY , 6
SECONDARY, OR HIGHER EDUCATION IN THE STATE. 7

(2) THIS SUBSECTION DOES NOT APPLY TO SAFETY –SENSITIVE 8
EMPLOYEES. 9

(3) A SCHOOL MAY NOT: 10

(I) FAIL OR REFUSE TO HIRE AN APPLICANT FOR EMPLOYMENT 11
BECAUSE OF THE APPLICANT’S LEGAL USE OF CANNABIS; 12

(II) DISCRIMINATE AGAINST AN EMPLOYEE WITH RES PECT TO 13
THE EMPLOYEE’S COMPENSATION, OR THE TERMS, CONDITIONS, OR PRIVILEGES OF 14
EMPLOYMENT BECAUSE OF THE EMPLOYEE’S LEGAL USE OF CANNABIS: 15

1. OUTSIDE THE WORKPLACE; 16

2. OUTSIDE OF WORK HOURS; AND 17

3. WITHOUT THE USE OF THE SCHOOL’S EQUIPMENT OR 18
PROPERTY; 19

(III) LIMIT, SEGREGATE, OR CLASSIFY AN APPLICANT FOR 20
EMPLOYMENT IN ANY WA Y THAT WOULD DEPRIVE OR TEND TO DEPRIVE THE 21
APPLICANT OF EMPLOYMENT OPPORT UNITIES BECAUSE OF THE APPLICANT’S 22
LEGAL USE OF CANNABIS; OR 23

(IV) LIMIT, SEGREGATE, OR CLASSIFY AN EMPLOYEE IN ANY WAY 24
THAT WOULD DEPRIVE O R TEND TO DEPRIVE THE EMPLOYEE OF EMPLOYMENT 25
OPPORTUNITIES OR OTHERWISE ADVERSELY AFFECT THE EMPLOYEE’S STATUS AS 26
AN EMPLOYEE BECAUSE OF THE EMPLOYEE’S LEGAL USE OF CANNABIS: 27

1. OUTSIDE THE WORKPLACE; 28

2. OUTSIDE OF WORK HOURS; AND 29
HOUSE BILL 1643 3

3. WITHOUT THE USE OF THE SCHOOL’S EQUIPMENT OR 1
PROPERTY. 2

(4) NOTHING IN THIS SUBSECTION: 3

(I) AUTHORIZES AN EMPLOYEE TO BE IMPAIRED BY, TO USE, OR 4
TO POSSESS CANNABIS PRODUCTS DURING WORK HOURS; 5

(II) REQUIRES A SCHOOL TO TAKE AN ACTION THAT WOULD: 6

1. CAUSE THE SCHOOL TO VIOLATE FEDERAL LAW OR 7
REGULATIONS; OR 8

2. RESULT IN THE LOSS OF A MONETARY OR 9
LICENSING–RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS; OR 10

(III) PROHIBITS A SCHOOL FROM: 11

1. ADOPTING POLICIES AN D PROCEDURES THAT 12
PROHIBIT A N EMPLOYEE FROM PERFOR MING DUTIES WHILE IM PAIRED BY 13
CANNABIS; 14

2. PROHIBITING A N EMPLOYEE FROM POSSESSING OR 15
USING CANNABIS DURING WORK HOURS; OR 16

3. TAKING AN ADVERSE EMPLOYMENT ACTION AGAINST 17
AN EMPLOYEE FOR POSSESSING OR USING CANNABIS DURING WORK HOURS. 18

(5) THIS SUBSECTION DOES NOT PRE EMPT ANY FEDERAL LAW 19
REQUIRING APPLICANTS OR EMPLOYEES TO BE TESTED FOR CON TROLLED 20
SUBSTANCES AS A CONDITION OF: 21

(I) EMPLOYMENT; 22

(II) RECEIVING FEDERAL FU NDING OR FEDERAL 23
LICENSING–RELATED BENEFITS; OR 24

(III) ENTERING INTO A FEDERAL CONTRACT. 25

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
1, 2026. 27