Medical Cannabis and Your Job

In 2014, Maryland decriminal- ized the possession of small amounts of marijuana and legalized medical marijuana.

Since then, patients must acquire written certification from a licensed physician and register with Maryland’s medical marijuana program.

Medical cannabis is only available in forms that can be vaporized (not smoked), or as extracts, lotions, ointments, and tinctures. On the federal level, possession and distribution of marijuana remains a crime, but the law generally defers to the states.

Despite Maryland’s law authorizing the use of marijuana for certain, limited medical conditions, it is not a safe harbor for public employees. The law does not prevent the “imposition of any civil, criminal, or other penalties for … undertaking any task under the influence of marijuana when doing so would constitute negligence or professional malpractice.”

Exhibiting behaviors that would allow an employer to reasonably believe that an employee is under the influence of alcohol, drugs, or marijuana will result in a drug test and possible disciplinary action, up to, and including, termination.

In the event that a school employee is registered with Maryland’s program, and their medical condition permits them to perform essential job functions — with or without accommodation — the employee should contact their UniServ director and meet with their human resources office to discuss accommodations and to avoid potential disciplinary action.

At the bare minimum, documentation of registration with the medical marijuana program should be placed on file with the employer in case the employee is pulled for a drug test.

Remember: schools are drug-free zones and that makes the possession of marijuana on school property illegal in any amount. No matter the medical condition, marijuana cannot be brought onto public school property.