Since recreational marijuana will be legal in Maryland in July, localities are having to come up with new rules involving hiring employees who use cannabis.
The issue came up at a recent Baltimore County Council meeting when Councilman Wade Kach, a Republican who represents District 3, asked if the county would hire someone who uses cannabis to, say, be a guard at the county jail.
Kach asked, “If someone tests positive for marijuana use, are they eliminated from consideration? What is our policy?”
County Administrative Officer Stacy Rodgers said they’re figuring that out.
“We’re looking at our overall hiring policy, with respect to testing,” Rodgers said. “We have to align ourselves with the state since it is no longer an offense.”
According to Erica Palmisano, press secretary for County Executive Johnny Olszewski, the county tests for cannabis when hiring for “safety sensitive positions,” such as police and corrections officers, firefighters and 911 operators.
During the debate in the General Assembly over legalizing cannabis, some advocates complained that employees’ right to use marijuana is not protected in the legislation.
“If it's legal for an adult to consume cannabis products at home, why is it therefore still appropriate that that person can lose their job the following Monday or Tuesday if they go to work, are completely sober, but continue to test positive for the presence of having used cannabis over the weekend?” asked Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, otherwise known as NORML.
Republican Councilman Todd Crandell, who represents District 7, said the legislation simply legalized buying and using cannabis.
“Employers still have the right to set their own standards,” Crandell said.
As for anyone who shows up for work stoned, Rodgers said that will be handled the same as if you are drunk on the job.
“There’s a difference if you show up impaired and literally you are observed to be impaired,” Rodgers said.