Update Applicable to:
All employers in the state of Maryland
What happened?
As of July 1, 2023, possession, and use of small amounts of cannabis and cannabis products will be legal for individuals at least 21 years old.
What are the details?
On November 8, 2022, Marylanders decisively voted to legalize recreational marijuana for adults 21 and over. In response, the Maryland legislature passed a bill, which was signed by the governor on May 3 to provide for the sale of recreational marijuana in Maryland.
The FAQs do mention that the legislation does not address cannabis use or impairment in the workplace. Individuals remain subject to any existing laws and workplace policies on substance or cannabis use (e.g., federal laws prohibiting the operation of commercial transport vehicles while impaired, or workplace policies prohibiting cannabis use specifically and/or impairment generally). The legislation does not address the use of employer drug screening of employees or prospective employees. This means, at least for now, that employers can maintain zero tolerance policies if so inclined. However, keep in mind that the state has protections for off-duty medical use of cannabis.
As the new law goes into effect, the Maryland legislature may look to enact laws that would limit what actions an employer can take related to an employee’s off duty recreational marijuana use. As, at this point, it looks like no such action will occur before the law goes into effect, employers will still want to consider how policies like pre-employment drug testing that includes marijuana or policies prohibiting employees from engaging in off-duty marijuana use will impact their recruitment and retention.
For more information, please see the links below:
Maryland Cannabis Administration Page
What do employers need to do?
Maryland employers should review their policies relating to the use and possession of drugs in the workplace and should specifically address recreational marijuana use to ensure that that the employer’s policies and expectations clearly cover the subject of cannabis use in the workplace and impairment at work.
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