Maryland.

Information provided is current as of December 23, 2025, and companies are encouraged to consult with legal counsel on these types of complex matters.

Maryland - State Specific Information

Cannabis Legalization Timeline in Maryland

Maryland's journey toward cannabis legalization has been gradual but significant. Understanding this history provides context for current regulations and employer obligations.

Medical Cannabis Program

Maryland legalized medical marijuana in 2014 through the Maryland Medical Marijuana Caregiver Program. This program established the framework for patient access to cannabis for qualifying medical conditions and set the stage for broader legalization efforts.

Recreational Cannabis Legalization

In 2023, Maryland voters approved Question 4, legalizing recreational cannabis use for adults. This landmark decision fundamentally changed the landscape for both consumers and employers throughout the state.

Possession and Personal Use Limits

Maryland law establishes clear boundaries for legal cannabis possession and use. Understanding these limits is essential for both personal compliance and workplace policy development.

Recreational Users (Adults 21+)

• Flower: Up to 1.5 ounces
• Concentrates: Up to 12 grams
• Home cultivation: Maximum of 2 cannabis plants per household

Medical Marijuana Patients

Registered medical marijuana patients enjoy similar possession limits but can possess up to 120 grams of medical cannabis. Additionally, medical patients may cultivate up to 4 cannabis plants per household.

Important Restrictions

Several critical restrictions apply to all cannabis users in Maryland:

• Home-grown plants must not be visible from public areas
• Public consumption of cannabis is strictly prohibited
• Use is restricted to private property only

State Regulatory Framework

The Maryland Cannabis Administration (MCA) serves as the primary regulatory agency overseeing cannabis operations throughout the state. Employers and individuals seeking compliance guidance should direct inquiries to this agency.

Workplace Drug Testing in Maryland

Maryland maintains its status as a "pro-employer" state, allowing businesses significant latitude in implementing drug testing programs. However, recent legal developments have introduced important nuances that employers must understand.

Permitted Testing Types

Maryland employers may conduct:

• Pre-employment drug testing
• Random drug testing
• Reasonable suspicion testing

Approved Testing Methods

The state permits the following specimen types for drug testing:

• Blood
• Urine
• Saliva
• Hair (pre-employment only)

Important Note: Maryland specifically prohibits breath alcohol testing.

The "Odor" Standard Shift

One of the most significant recent changes affects reasonable suspicion testing. Employers can no longer rely solely on the smell of cannabis as grounds for testing. Instead, reasonable suspicion policies must be based on documented physical impairment, including:

• Slurred speech
• Erratic behavior
• Observable coordination issues
• Other measurable signs of impairment

Safety-Sensitive Positions

Maryland identifies safety-sensitive positions under a "legitimate business purpose" standard. These positions warrant heightened testing protocols and include roles involving:

• National security responsibilities
• Public safety duties
• Operation of heavy machinery
• Vehicle operation where lapses could cause injury or death

Employers in these sectors have broader authority to implement comprehensive testing programs.

Privacy Laws and Result Disclosure

Maryland law establishes strict privacy protections for drug testing results:

Confidentiality Requirements

Test results may only be disclosed to individuals with a legitimate need to know, such as:

• Human resources personnel
• Supervisors involved in decision-making processes

Notification Requirements

Employers must adhere to specific timelines when communicating positive results:

• Inform employees of positive results within 30 days of the test
• Alternatively, notification must occur within 7 days of receiving the result
• Provide a copy of the laboratory report
• Share the company's drug testing policy

State Employee Testing Procedures

Public sector employment in Maryland involves specific drug testing requirements:

• Drug testing for safety-sensitive positions
• Testing based on reasonable suspicion
• Pre-employment screening
• Potential random testing programs
• Mandatory confidentiality of all results
• Clear, written policies complying with state and federal regulations
• Testing conducted by sufficiently trained individuals

Off-Duty Cannabis Use Protections

While Maryland state law does not explicitly protect private sector employees' off-duty cannabis use, several local jurisdictions have taken independent action.

Local Ordinances

The following jurisdictions have passed ordinances banning pre-employment or random cannabis screening for most public sector employees:

• Baltimore City
• Baltimore County
• Howard County

Employers operating in these jurisdictions must ensure compliance with both state and local regulations.

Legislative Reference

For detailed information on employee protections, employers should review HB 628, which provides more comprehensive guidance on cannabis-related employment rights.

Establishing a Drug-Free Workplace Program

While Maryland doesn't mandate specific procedures for drug-free workplace programs, the Maryland Center for Workplace Safety and Health offers recommended guidelines.

Best Practices

Employers should implement:

• Standardized documentation procedures
• Comprehensive training programs
• Regular employee evaluations
• Clear performance expectations
• Written policies outlining testing procedures
• Documented reasons for testing
• Clear consequences of positive results

Main Compliance Requirement

Under §683 Testing Procedures, the primary requirement for Maryland drug and alcohol testing programs is establishing and maintaining a clear, written policy. This policy must:

• Outline all testing procedures
• Specify reasons for testing
• Detail consequences of positive results
• Be communicated to all employees
• Ensure transparency in implementation
• Maintain consistency in enforcement

Recommendations for Employers

Navigating Maryland's cannabis and drug testing landscape requires careful attention to evolving regulations. Employers should:

1. Consult legal counsel on complex matters related to drug testing policies
2. Update reasonable suspicion policies to focus on documented impairment rather than odor
3. Review local ordinances in jurisdictions where they operate
4. Train supervisors on proper documentation of impairment indicators
5. Maintain transparent communication with employees about testing policies
6. Stay informed about legislative changes affecting workplace drug testing

Conclusion

Maryland's approach to cannabis regulation represents a balance between personal freedom and workplace safety. While the state maintains pro-employer drug testing policies, the landscape continues to evolve with local jurisdictions implementing additional protections. Employers must remain vigilant about compliance requirements, particularly regarding the shift away from odor-based reasonable suspicion and the emergence of local cannabis employment protections. Regular policy reviews and legal consultation remain essential for maintaining compliant and effective workplace drug testing programs.