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Marijuana Considerations & Laws In Maryland

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.

Employment Information

Employer Concerns

  • Maryland law does not prevent employers from prohibiting possession, use, or testing for marijuana use, and it does not protect employees who test positive for any reason.​
  • An employer must not deny any right or privilege as the result of a medical marijuana status provided the patient is complying with the law.
  • Maryland’s law also states that it does not prevent the imposition of “civil, criminal, or other penalties for “using medical marijuana” when doing so would constitute negligence…” which could impact an employer’s operations.
  • Health insurance companies are not required to cover medical marijuana costs.
  • Driving under the influence of medical marijuana is a crime.

Testing

  • Maryland law does not prevent employers from prohibiting possession, use, or testing for marijuana use, and it does not protect employees who test positive for any reason. 
  • Maryland has detailed laws governing drug testing by an employer. 
  • Individuals qualified as “certifying providers,” include individuals registered and licensed in a medical, dentistry, podiatry, or nursing filed, among other requirements.

Hiring/Termination

  • See Significant above.

Discipline

  • Maryland law does not prevent employers from prohibiting possession, use, or testing for marijuana use, and it does not protect employees who test positive for any reason.

Use/Possession

  • Maryland law does not prevent employers from prohibiting possession, use, or testing for marijuana use, and it does not protect employees who test positive for any reason. 
  • Edibles are now allowed (2019) but not available at licensed dispensaries.
  • Smoking is permitted, except in any public place where smoking tobacco is prohibited or in a motor vehicle. Beyond that, there are specific limitations when on private property.
  • Cannot be consumed by either the driver or passenger in a motor vehicle.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • Workers’ compensation claim denial – Although an injury is not compensable when intoxication on duty is the sole or primary cause of the injury, note that unless there is substantial evidence to the contrary, it will be assumed that an injury is not caused solely or primarily by the effects of drugs.

Sources (e.g. Bill Number, Authority)

  • Maryland Code Health Gen. 13-3314 – Medical marijuana
  • Maryland Code Health Gen. 17-214 – Drug testing related
  • Maryland Reg. Code 10.10.10.01 to .09 – Drug testing related
  • Maryland’s Fair Employment Practices Act – Disability related
  • Maryland Code Lab. and Emp. 8-1002 – Unemployment related
  • Maryland Code Lab. and Emp. 9-506 – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).