Change to Maryland’s cannabis laws raises questions for employers

As of July 1st, Maryland law now permits the possession and use of small amounts of marijuana. Unlike some other jurisdictions that have decriminalized marijuana possession, Maryland’s new statute doesn’t directly address the law’s consequences for employers and employees. In the absence of statutory language clarifying the law’s impact on the workplace, many Maryland employers have been left uncertain about their ability to prohibit or test for marijuana use among their employees.

Legal landscape remains unchanged

Prior to the new law’s enactment, Maryland employers were free to prohibit the use and possession of marijuana in the workplace, as well as to test for marijuana as part of a drug testing program, as long as the testing program complied with procedural requirements set by a state statute. The fact that the new law removing criminal penalties associated with the use of marijuana didn’t contain any provisions limiting employers’ discretion with respect to drug-related policies means that employers retain the same level of flexibility that was in place prior to the new statute taking effect.

As a result, Maryland employers may continue to enforce policies that prohibit employees from working while under the influence of marijuana, or from possessing or using marijuana on the employer’s property. Likewise, Maryland employers that engage in drug testing may continue to include marijuana among the substances encompassed by a testing program.