HB 1643

HOUSE BILL 1643
     D5, F5, A3  6lr3691
     By: Delegates Turner, Fennell, Ivey, Martinez, Odom, Roberson, Taveras, and
  Taylor
     Rules suspended
     Introduced and read first time: February 26, 2026
     Assigned to: Rules and Executive Nominations
  A BILL ENTITLED
1 AN ACT concerning
2Employment Discrimination – School Employees – Use of Cannabis
3 FOR the purpose of prohibiting a school from discriminating against an applicant for
4      employment or an employee because of the applicant’s or the employee’s use of
5      cannabis under certain circumstances; establishing that this Act does not prohibit a
6      school from taking certain actions against an employee under certain circumstances
7      or authorize certain behaviors by an employee; and generally relating to
8      discrimination in employment and the use of cannabis by school employees.
9 BY adding to
10      Article – State Government
11      Section 20–606(g)
12      Annotated Code of Maryland
13      (2021 Replacement Volume and 2025 Supplement)
14SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
15 That the Laws of Maryland read as follows:
16Article – State Government
17 20–606.
18(G)     (1)     (I)     IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
19 MEANINGS INDICATED.
20(II) 1.   “SAFETY–SENSITIVE    EMPLOYEE”    MEANS    AN
21 EMPLOYEE WITH RESPONSIBILITIES THAT IF PERFORMED WHILE IMPAIRED COULD
22 RESULT IN IMMEDIATE PHYSICAL HARM TO A STUDENT OR ANOTHER INDIVIDUAL.
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *hb1643*
2HOUSE BILL 1643
12.
  “SAFETY–SENSITIVE  EMPLOYEE”     INCLUDES
2 TRANSPORTATION AND SECURITY PERSONNEL.
33.
  “SAFETY–SENSITIVE EMPLOYEE” DOES NOT INCLUDE
4 A SCHOOL EMPLOYEE WHO IS CHARGED WITH SCHOOL OR CLASSROOM–BASED
5 SUPERVISION.
6(III) “SCHOOL” MEANS AN INSTITUTION OF ELEMENTARY,
7 SECONDARY, OR HIGHER EDUCATION IN THE STATE.
8(2)      THIS SUBSECTION DOES NOT APPLY TO SAFETY–SENSITIVE
9 EMPLOYEES.
10(3)   A SCHOOL MAY NOT:
11(I)  FAIL OR REFUSE TO HIRE AN APPLICANT FOR EMPLOYMENT
12 BECAUSE OF THE APPLICANT’S LEGAL USE OF CANNABIS;
13(II)
  DISCRIMINATE AGAINST AN EMPLOYEE WITH RESPECT TO
14 THE EMPLOYEE’S COMPENSATION, OR THE TERMS, CONDITIONS, OR PRIVILEGES OF
15 EMPLOYMENT BECAUSE OF THE EMPLOYEE’S LEGAL USE OF CANNABIS:
161.   OUTSIDE THE WORKPLACE;
172.   OUTSIDE OF WORK HOURS; AND
183.   WITHOUT THE USE OF THE SCHOOL’S EQUIPMENT OR
19 PROPERTY;
20(III) LIMIT, SEGREGATE, OR CLASSIFY AN APPLICANT FOR
21 EMPLOYMENT IN ANY WAY THAT WOULD DEPRIVE OR TEND TO DEPRIVE THE
22 APPLICANT OF EMPLOYMENT OPPORTUNITIES BECAUSE OF THE APPLICANT’S
23 LEGAL USE OF CANNABIS; OR
24(IV) LIMIT, SEGREGATE, OR CLASSIFY AN EMPLOYEE IN ANY WAY
25 THAT WOULD DEPRIVE OR TEND TO DEPRIVE THE EMPLOYEE OF EMPLOYMENT
26 OPPORTUNITIES OR OTHERWISE ADVERSELY AFFECT THE EMPLOYEE’S STATUS AS
27 AN EMPLOYEE BECAUSE OF THE EMPLOYEE’S LEGAL USE OF CANNABIS:
281.   OUTSIDE THE WORKPLACE;
292.   OUTSIDE OF WORK HOURS; AND
  HOUSE BILL 1643  3
13.   WITHOUT THE USE OF THE SCHOOL’S EQUIPMENT OR
2 PROPERTY.
3(4)   NOTHING IN THIS SUBSECTION:
4(I)AUTHORIZES AN EMPLOYEE TO BE IMPAIRED BY, TO USE, OR
5 TO POSSESS CANNABIS PRODUCTS DURING WORK HOURS;
6(II)   REQUIRES A SCHOOL TO TAKE AN ACTION THAT WOULD:
71.   CAUSE THE SCHOOL TO VIOLATE FEDERAL LAW OR
8 REGULATIONS; OR
92.
  RESULT IN THE LOSS OF A MONETARY  OR
10 LICENSING–RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS; OR
11(III) PROHIBITS A SCHOOL FROM:
121.
  ADOPTING POLICIES AND PROCEDURES THAT
13 PROHIBIT AN EMPLOYEE FROM PERFORMING DUTIES WHILE IMPAIRED BY
14 CANNABIS;
152.
  PROHIBITING AN EMPLOYEE FROM POSSESSING OR
16 USING CANNABIS DURING WORK HOURS; OR
173.
  TAKING AN ADVERSE EMPLOYMENT ACTION AGAINST
18 AN EMPLOYEE FOR POSSESSING OR USING CANNABIS DURING WORK HOURS.
19(5)   THIS SUBSECTION DOES NOT PREEMPT ANY FEDERAL LAW
20 REQUIRING APPLICANTS OR EMPLOYEES TO BE TESTED FOR CONTROLLED
21 SUBSTANCES AS A CONDITION OF:
22(I)    EMPLOYMENT;
23(II) RECEIVING  FEDERAL     FUNDING      OR    FEDERAL
24 LICENSING–RELATED BENEFITS; OR
25(III) ENTERING INTO A FEDERAL CONTRACT.
26SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
27 1, 2026.