Can Employers Still Test Firefighters for Marijuana? Maryland's New 2026 THC Law Explained
Quick Answer
Maryland employers can still drug test firefighters and rescue workers for marijuana. What they cannot do under Maryland SB 439 — effective October 1, 2026 — is discipline, discharge, or otherwise discriminate against a covered fire and rescue public safety employee solely because they tested positive for cannabis, if that employee is enrolled in Maryland's medical cannabis access program and the use occurred off-duty.
Testing can still happen. Positive results cannot automatically be acted on. The distinction between those two facts is what every Maryland employer with fire and rescue staff needs to understand before taking any adverse employment action based on a cannabis test result.
What Maryland SB 439 Actually Says
Maryland SB 439 was signed by Governor Wes Moore on April 28, 2026, and took effect October 1, 2026. The law prohibits employers and labor organizations from disciplining, discharging, or otherwise discriminating against any fire and rescue public safety employee solely because they tested positive for cannabis — provided the employee is enrolled in Maryland's medical cannabis access program and the use occurred off-duty.
Covered employees under the law include firefighters, EMTs, cardiac rescue technicians, and paramedics employed by a city, county, the State, the State Airport Authority, or a fire control district. Private fire and EMS contractors should review the law's definitions carefully and consult qualified counsel to determine whether they are covered employers under the statute.
Two important employer authorities are explicitly preserved in the law. First, employers may still prohibit cannabis use while on duty, even for employees with a valid medical cannabis certification. Second, if a covered worker reports to work impaired by cannabis, the employer is not only permitted to remove them from duty — the employer is required to report the incident to the State Emergency Medical Services Board.
✓ What Maryland Employers CAN Still Do
- Drug test covered fire and rescue employees for cannabis
- Prohibit cannabis use while on duty
- Remove an impaired employee from duty
- Report on-duty impairment to the State EMS Board
- Enforce zero-tolerance for on-duty use
- Take action when impairment is observed at work
✗ What Maryland Employers CANNOT Do
- Discipline a covered employee solely for a positive cannabis test
- Discharge a covered employee solely for a positive test
- Discriminate against a covered employee solely for a positive test
- Treat off-duty medical cannabis use as disqualifying on its own
- Apply these actions when the employee holds a valid medical cannabis certification
Why This Matters Beyond Maryland
Maryland SB 439 is not an isolated development. It is one data point in a rapidly accelerating national trend — states drawing increasingly specific legal lines between a positive THC drug test result and what an employer is permitted to do with that result. New Jersey's Sanders v. Levari decision in 2026, California's AB 2188, Minnesota's employment protection provisions, and now Maryland's firefighter-specific law all reflect the same underlying legal evolution: a positive THC test is no longer automatically equivalent to a disqualifying event in an increasing number of jurisdictions and employment contexts.
For employers operating across multiple states — or simply tracking where employment law is heading — the pattern is clear. Testing for THC is increasingly separable from the question of what an employer may do with a positive THC result. That distinction is the organizing principle behind DrugScreens.com's non-THC drug testing panels — cups and kits that screen for cocaine, opioids, amphetamines, fentanyl, and other substances without including THC, specifically for employers who want to maintain a drug screening program without navigating cannabis employment law complexity on a state-by-state basis.
The THC Testing Decision Is Now a Jurisdiction Question
For most of the history of workplace drug testing, the decision to include THC in a drug panel was automatic. Cannabis was federally illegal, THC was on every standard panel, and a positive result meant the same thing in every state. That world no longer exists.
"Do we test for THC?" is now a policy and jurisdiction question — not an automatic component of every drug panel. The answer depends on the state, the employee classification, the industry, whether the role is safety-sensitive, whether the employee holds a medical cannabis certification, and whether the employer has a written policy that can withstand legal scrutiny in each state where the policy is applied.
State THC Employment Protection — Selected Examples as of October 2026
What Maryland Fire and EMS Employers Should Do Now
Maryland Employer Action Checklist — SB 439
- Review your written drug testing policy to confirm it addresses cannabis specifically and reflects the October 1, 2026 effective date of SB 439
- Train supervisors and HR staff on the distinction between testing, observed on-duty impairment, and the adverse action limitations the law creates
- Update your adverse action decision process to confirm that any action involving a cannabis-positive result for a covered employee is not based solely on that result
- Confirm your reporting obligation: If a covered employee reports to work impaired by cannabis, Maryland SB 439 requires you to report that incident to the State Emergency Medical Services Board
- Evaluate whether non-THC panels fit your program: Some Maryland employers with covered fire and rescue staff may find it operationally cleaner to remove THC from the panel entirely and test for other substances — consult qualified counsel on how this interacts with your existing written policy and any applicable collective bargaining agreements
- Consult qualified employment counsel before making any adverse employment decision involving cannabis and SB 439 covered employees
Non-THC Drug Testing for Employers Navigating Cannabis Law
For employers who want to maintain a comprehensive drug screening program without including THC — either because of state law complexity, a hiring environment where THC exclusion creates recruitment friction, or a policy decision that focuses testing on substances more directly linked to acute impairment risk — DrugScreens.com carries non-THC drug test panels that screen for cocaine, opioids, amphetamines, benzodiazepines, fentanyl, and other substances without a THC analyte.
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Shop No-THC 11-PanelThis content is provided for general informational purposes only and does not constitute legal advice, regulatory guidance, or IRB or compliance consultation. DrugScreens.com supplies drug screening devices and does not provide laboratory services, medical diagnostics, IRB guidance, or drug testing program administration. Research teams should consult with their IRB, institutional compliance office, principal investigator, and qualified legal and regulatory counsel before implementing any drug screening protocol.s employment law should consult with qualified legal counsel before making any employment decision.
