While Maryland will soon allow marijuana, the drug is still illegal federally, which can lead to confusion by employees that are required to take drug tests as a new hire, randomly and/or due to a workplace accident.
Beginning on July 1, adults ages 21 and older will be allowed to use and possess up to 1.5 ounces of marijuana. Maryland will join more than 20 states and the District of Columbia that allow for the recreational use of the drug.
The legalization occurred due to a ballot referendum that passed with a majority in November. During the current session of the Maryland General Assembly, lawmakers are set to work out regulatory framework and when cannabis sales in the state may begin. Medical cannabis has been operational since 2017.
Darla J. McClure, an attorney with Stein Sperling Bennett De Jong Driscoll PC, notes the new law does not change how Maryland employers handle drug testing. “Since marijuana is still illegal under federal law, employers are permitted to test for marijuana and terminate an employee or refuse to hire a candidate that tests positive,” she said.
As of now, McClure does not believe there is much an employer can not do with the new law. Other jurisdictions that have enacted similar legislation have modified their laws to state that employers can not refuse to hire an applicant who tests positive or otherwise discriminate against someone who has a medical marijuana card.
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