Balancing Public Safety and Employee Rights in the Cannabis Era

As legal cannabis use becomes more common, local governments are caught navigating evolving workplace rights and public safety responsibilities. With no clear test for impairment and increasing legislative pressure, counties must find a path forward that protects both their workforce and their communities.

Since Maryland voters approved adult-use cannabis legalization in 2022 and retail sales launched in 2023, the implications for employers, especially public sector employers, have rapidly evolved. While cannabis use is now legal under state law, it remains illegal under federal law, creating a patchwork of legal uncertainty that has left local governments navigating murky waters. Public agencies must balance protecting employee rights with their obligations to maintain safe, effective operations, especially in departments where impairment can have life-or-death consequences. Safety-sensitive positions in fire, EMS, and law enforcement are at the forefront of this issue, where clear standards for impairment and accountability are still lacking. At the same time, state legislators have proposed bills to restrict employer disciplinary actions related to legal cannabis use, further complicating risk management and liability concerns.

Description: Since cannabis became legalized for adult use in Maryland, legislative efforts to provide legal protections have continued to grow and expand. Local governments face growing challenges at the intersection of employee rights, workplace safety, and operational liability. This is especially complex for safety-sensitive roles like fire and rescue, where fitness for duty is critical and impairment isn’t always easy to detect. Legislative proposals have emerged seeking to limit disciplinary actions against employees who use cannabis legally, sparking debate over how best to balance public safety with evolving workplace rights. This panel will bring experts from human resources, legal, and public safety perspectives to unpack challenges with current impairment testing limitations, and discuss pathways toward policy solutions that are fair, safe, and fiscally operable.

Speakers:

Tonya Brinkley, Interim Director, Human Resources, Baltimore City

Tom Coe, Fire Chief, Fire & Rescue Services Division, Frederick County

Kevin Karpinski, Principal Attorney, Karpinski, Cornbrooks & Karp

Grant Walker, President, IAFF Local 1619

Moderator: The Honorable Dawn Gile, MD State Senate

Date/Time: Friday, August 15, 2025; 1:00 pm – 2:00 pm

The 2025 MACo Summer Conference will be held at the Roland Powell Convention Center in Ocean City, MD, on August 13-16. This year’s theme is “Funding the Future: The Evolving Role of Local Government.” More information can be found on our conference website.