Maryland is expected to soon become the 19th state to legalize medical marijuana.
Maryland Gov. Martin O’Malley (D) told the Associated Press that he “probably” would sign the measure passed by the Maryland Legislature earlier this month. The bill would allow academic medical research centers to prescribe marijuana to critically sick patients under limited circumstances. Participating centers would be required to report daily to Maryland health officials on who is prescribed marijuana, as well as the patient’s caregiver. This information also would be made available to state law enforcement. (In the context of medical marijuana, the term “caregiver” often refers to the patient’s marijuana provider or grower.)
Marijuana is still illegal under federal law and the Maryland bill gives some legal cover to state employees in the event they are prosecuted by the feds. For one, it allows state employees to be reimbursed for legal expenses “in connection with a federal criminal investigation or prosecution solely related to the employee’s good faith discharge of public responsibilities under the bill.”
And it would give the governor authority to suspend the law if there is a reasonable chance that state employees will be prosecuted for dispensing marijuana.
The measure does not mention private employers, which conceivably will have employees seeking treatment at the Maryland centers.
In addition to Maryland and the District of Columbia, the following states allow medical marijuana, according to the National Conference of State Legislators: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. In addition, voters in Washington and Colorado recently voted to allow small amounts of marijuana for recreational use.
Massachusetts and Connecticut are among the states still mulling over how to implement newly enacted medical marijuana laws and Washington and Colorado have yet to finalize rules for their unique, less restrictive policies.
While employers are generally prohibited under federal law for discriminating against employees with a disability, federal protections do not extend to those who use medical marijuana, according to the U.S. Equal Employment Opportunity Commission. Moreover, courts in several states, including California, have endorsed the right of employers to enforce a drug free policy by firing or refusing to hire those who test positive for marijuana use, even if it is for medical purposes.