Should Firefighters Be Allowed to Use Medical Cannabis at Home?
Legalizing medical cannabis at the state level tends to lead to a lot of questions about who should be able to use it. For example, states tend to bar police officers due to federal firearms restrictions. But there are no such restrictions against firefighters and rescue workers. So should states allow them to use medical cannabis at home?
Some states do, others do not. Maryland lawmakers are considering legislation that would give the green light to firefighters and rescue workers. Both the state Senate and House are working through bills that stand a good chance of passage.
What the Bill Would Accomplish
Political analysts say the bill has a good chance of making it to the governor’s desk. If it does, and the governor signs it, it would go into effect in October of this year. Here is what the bill would accomplish:
- Firefighters and rescue workers could not be penalized by their employers for a positive cannabis test, provided they were registered medical cannabis patients.
- Employers would be allowed to adopt policies and procedures designed to prohibit firefighters and rescue workers from working while under the influence.
- Employers would be allowed to prohibit medical cannabis use within twelve hours of reporting for a work shift.
The bill is a nice balance between patient rights and the need to maintain safety among firefighter and rescue worker ranks. A failed drug test (failed because of cannabis) would no longer be sufficient reason to penalize an employee. But an employee who reports under the influence could and should be penalized, because that jeopardizes public safety.
A Similar Law in Utah
The Maryland bill is similar to a law passed in Utah some years ago. That law was spurred by the dismissal of an Ogden firefighter who lost his job after it was discovered that he possessed the medical cannabis card. He was dismissed in 2021.
He took the city of Ogden and the fire department to court, eventually winning his case in early 2022. Meanwhile, Utah lawmakers set about rectifying the situation with new legislation that would prevent a similar episode from happening again. Lawmakers passed a bill the governor eventually signed.
The operators of the Beehive Farmacy medical cannabis pharmacy in Brigham City explain that all public sector employers in the state must now treat medical cannabis like any other prescription drug. Employees cannot be penalized or discriminated against simply for using it during their off hours. However, the same public safety issues are in play.
A Utah firefighter cannot come to work under the influence of cannabis. He also cannot use cannabis on-the-job if it impairs his ability to work. Incidentally, the prohibition against police officers is still enforced in Utah. Police officers are required to carry sidearms, so they must maintain compliance with federal law.
Private Employment Is Different
Beehive Farmacy officials say that private employment in the Beehive State is different. Like most other states, Utah allows private employers to continue establishing and enforcing their own drug policies. Private employers still have the freedom to not allow medical cannabis use even during off hours. Only a small number of states have taken that freedom away from private sector employers.
How do you feel about firefighters and rescue workers using medical cannabis during their off hours? Would you feel at all unsafe if you knew that a firefighter or rescue worker responding to your emergency was a medical cannabis user? Personally, I have no issue with it. I am among those who believe that legitimate medical consumption is no different than consuming any other prescription drug.
