As more Marylanders turn to medical cannabis to manage chronic conditions, one of the most common concerns we hear is: “Can I get fired for using medical cannabis?” It’s a valid question—and the answer isn’t as straightforward as you might hope.
Although Maryland has legalized both medical and recreational cannabis use, employment protections have not caught up. Unfortunately, you can still lose your job for testing positive for cannabis, even if you’re a registered medical cannabis patient. Let’s break down what the current laws say and how you can protect yourself.
Maryland Employers Can Still Enforce Drug-Free Policies
Maryland does not currently have a law that prohibits employers from disciplining or terminating employees who test positive for cannabis—even if they’re using it legally for medical reasons. Employers are not required to accommodate cannabis use, and many workplaces have policies that prohibit it entirely, regardless of medical status.
This means you can be fired for using medical cannabis, even if:
- You only use it outside of work hours
- You’re not impaired while on the job
- You have a valid medical cannabis certification
For many patients, this creates a confusing—and sometimes risky—gray area between health care needs and job security.
Federal Law Still Classifies Cannabis as Illegal
One major reason employment protections are lacking is that cannabis is still classified as a Schedule I drug under federal law. Because of this, employers—especially those subject to federal regulations—are often required to maintain drug-free workplaces.
Industries like:
- Transportation
- Government contracting
- Health care
- Public safety
…often have zero-tolerance policies for cannabis use, even with a prescription. If you work in one of these industries, you may be more vulnerable to disciplinary action for using cannabis, regardless of state law.
Medical Cannabis Cards Offer No Job Protection (Yet)
Having a medical cannabis card in Maryland gives you access to regulated products and legal protection from criminal charges—but it does not protect your job. Employers are not obligated to make accommodations for patients, and your certification is not a legal excuse for failing a drug test.
Even if your use is private, legal, and for a health condition, your employer can still terminate you if your drug test comes back positive.
Some Legislation Is in Progress—for Certain Roles
There is some hope on the horizon for specific groups. In early 2025, the Maryland Senate passed legislation that would protect certain public safety workers—like EMTs, firefighters, and rescue workers—from being penalized for off-duty, legal medical cannabis use.
If passed into law, this legislation (Senate Bill 1023 and its companion House Bill 1408) would prevent these workers from being fired solely for failing a drug test due to legal medical cannabis. However, these protections wouldn’t apply to most private sector workers.
What You Can Do to Protect Yourself
Until broader legal protections are passed in Maryland, here are a few steps you can take:
- Understand your employer’s drug policy. Review your employee handbook or ask HR for clarification on cannabis policies.
- Avoid use before or during work hours. Even if you’re using cannabis for legitimate medical reasons, avoid impairment during working hours.
- Document your medical use. Keep records of your certification and your treatment plan.
- Stay informed. As legislation evolves, be aware of any new worker protection laws that could affect your rights.
A Note on Privacy
Remember: your status as a medical cannabis patient is private health information and should not be shared with your employer unless necessary. However, if a drug test is part of your employment, disclosure may be unavoidable depending on the situation.
In Summary
While Maryland has made significant strides in expanding access to medical cannabis, the law has yet to catch up in terms of employment rights. Until then, medical cannabis patients should proceed with caution and stay aware of workplace policies to avoid unintended consequences.
Need Help Navigating Medical Cannabis and Employment?
At CannaLeaf Health, we’re committed to helping you stay informed and confident in your medical cannabis journey. Whether you’re starting treatment, need a renewal, or want help understanding how cannabis might affect your career, we’re here to support you every step of the way.
Contact us today or schedule your evaluation online. Your health deserves protection—and we’ll help you advocate for it.
