One year after setting up an industry that sought to tackle an inequitable, decades-long war on drugs, Maryland lawmakers are getting into the weeds on a handful of proposals some say will keep the state’s burgeoning recreational cannabis system on track. Included is a bill from Del. Jheanelle Wilkins, of Montgomery County that would bar employers from disciplining employees who use cannabis outside of work, while still allowing them to take action against anyone who consumes while working. Under House Bill 525, employers who test for cannabis would have to update their drug policies. Employers could still test for impairment, but experts in cannabis policy and drug testing testified about the imprecise nature of such tests.
Our position: House Bill 525 intends to prevent an employer from determining if someone is under the influence of cannabis while on the job by using existing drug tests. Furthermore, the bill does not include any exemptions for safety sensitive positions like healthcare workers, teachers and childcare workers, heavy equipment operators, construction trades, manufacturing, etc. Prohibiting the use of testing to determine impairment will have significant impacts on employers in areas of liability insurance, safety, and discrimination suits, all which drive up the cost of doing business in Maryland.
