#MACoCon Recap: Balancing Public Safety and Employee Rights in the Cannabis Era

Since the legalization of adult-use cannabis in Maryland, the conversation around workplace policies has only intensified, especially for public sector employers managing safety-sensitive roles.

At MACo’s Summer Conference, a panel of human resources, legal, labor, and public safety leaders unpacked the complex and often conflicting forces shaping local government policy in this evolving space.

Tom Coe, Fire Chief for Frederick County’s Division of Fire and Rescue Services, opened with a reality check on what cannabis use can mean for first responders in the field. He outlined both the physical effects: delayed movements, impaired coordination, and increased heart rate, as well as the cognitive impacts like altered time perception, slowed decision-making, and impaired judgment. In high-stakes, seconds-matter situations, even minor impairment can pose significant risks. Chief Coe also highlighted the structural challenges agencies face. Federal and state laws remain out of sync, and current THC testing technology cannot determine whether an employee is actively impaired, only that cannabis was used in the past. With the EMS licensure rules in Maryland explicitly prohibiting certain substance use and federal DOT testing requirements still in effect for many, local fire and rescue services must navigate a policy minefield. Some departments have stayed the course with strict testing, others have relaxed THC testing to reasonable cause only, and still others have stopped testing for THC entirely.

Tonya Brinkley, Interim Director of Human Resources for Baltimore City, walked through how the City has been adapting its workplace policies in light of cannabis legalization. She explained that Baltimore maintains a Drug-Free Workplace policy, with Fire and Police issuing their own separate rules. At the same time, the City updated its Substance Abuse Control Policy in 2021 to remove non-safety-sensitive positions from pre-employment drug and alcohol testing. Brinkley emphasized the City’s focus on “sensitive classes” of employees – those whose work carries high responsibility for public safety, involves positions of trust, or where impaired performance could cause serious harm. Testing in Baltimore occurs under specific circumstances, such as post-accident, random testing for sensitive roles, reasonable suspicion, and probationary or return-to-duty situations. Importantly, she noted that employees who test positive are referred to the Employee Assistance Program and required to undergo a 12-month rehabilitation program. With laws rapidly changing, Brinkley said the City is actively reviewing and updating its policies to keep them fair, consistent, and responsive.

Grant Walker, President of IAFF Local 1619, added the labor union perspective, stressing that firefighters deserve fair treatment and access to the medical care they need without fear of losing their jobs. He noted that many in the profession struggle with chronic pain, PTSD, and other conditions tied to the dangerous and demanding nature of their work, and that medical cannabis can be a safer alternative to opioids and other prescriptions. From the union’s standpoint, policies should protect firefighters from discrimination or discipline for lawful, off-duty medical cannabis use. Walker underscored that supporting firefighters’ health and job security ultimately strengthens public safety by ensuring these frontline professionals can continue serving their communities at their best.

Attorney Kevin Karpinski, Principal at Karpinski, Cornbrooks & Karp, explored the legal implications of proposed Maryland legislation aimed at protecting employees who use cannabis legally. He explained how vicarious liability places local governments on the hook for employees’ actions while on duty, making workplace impairment a costly risk. At the same time, emerging legal protections could make it more difficult for employers to reassign, discipline, or terminate employees solely for off-duty cannabis use. Karpinski walked through case law from other states, such as Noffsinger v. SSC Niantic in Connecticut and Whitmire v. Wal-Mart in Arizona, illustrating how courts have interpreted protections for off-duty cannabis use and where workplace policies have held up under scrutiny. Maryland’s proposed framework explicitly allows employers to prohibit on-duty impairment, but leaves less room to regulate lawful off-duty use. Clear, uniform policies will be critical to limiting liability while complying with the law.

The session underscored the balancing act local governments face, protecting employee rights while ensuring public safety, especially in roles where impairment could have life-or-death consequences. Without reliable impairment testing and policy clarity, employers will need to rely on proactive communication, clear expectations, and collaborative problem-solving to navigate cannabis in the workplace.

Title: Up in Smoke? Balancing Public Safety and Employee Rights in the Cannabis Era

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 161

Moderator: The Honorable Dawn Gile, MD State Senate

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