Maryland: Frederick County Ceases Pre-Employment Testing for Cannabis

Frederick, MD: City officials in Frederick County, Maryland (population: 287,000) have removed pre-employment drug screening requirements for most public employees. 

Under the updated plan, only those seeking jobs in certain “safety-sensitive” positions, such as law enforcement, are required to undergo pre-employment testing for cannabis and other controlled substances. The county employs approximately 3,400 people.

State lawmakers last year approved legislation legalizing the production, sale, and use of cannabis. However, that legislation does not provide explicit workplace protections for those who consume cannabis while away from the job. 

Separate legislation introduced this year limiting employers’ abilities to sanction workers who test positive for their past use of marijuana died in committee.

Frederick County Executive Jessica Fitzwater said that pre-employment drug testing requirements “created an unnecessary barrier to employment.”

Numerous other municipalities and counties nationwide – including Atlanta, Cleveland, the District of Columbia, Philadelphia, and St. Louis – have similarly ended pre-employment marijuana screening for most public employees. Lawmakers in MichiganNevada, and Washington have passed legislation halting pre-employment marijuana testing statewide. Several other states — including California, Connecticut, Minnesota, Montana, New Jersey, New York, and Rhode Island — have enacted broader workplace protections limiting employers’ ability to either test or sanction employees for the use of cannabis use while off the job.

Additional information is available from the NORML Fact Sheet, ‘Marijuana Legalization and Impact on the Workplace.’