Maryland no longer requires drug tests for medical cannabis workers

Introduction

According to newly approved rules, the Maryland Medical Cannabis Commission will no longer require employees of licensed growing and processing facilities to undergo drug screenings.

The new regulations, published Wednesday in the Maryland Register, spell out the process for MMS to review applications that seek a variance from the drug testing requirement.

Under the old rule, MMS required "all licensees, owners and employees to undergo drug screening and obtain a certificate showing they are free of illegal drugs," according to regulations published by the commission last year.

The commission last year granted conditional approval for a variance that permits employees of Holistic Industries not to take drug tests because some medical cannabis workers use medical marijuana during their off hours. Canna Business

Association President Nate Bradley praised the updated rules in a statement Thursday. “This is an important step toward treating cannabis like every other medicine," he said. “Nurses and doctors aren't required to test negative for antibiotics or pain medicine before working with patients."

According to newly approved rules

You may have heard that Maryland recently decided to stop requiring cannabis workers to undergo drug screening.

The state's Medical Cannabis Commission has eliminated this requirement for all licensed growing and processing facility employees.

However, there are some major details you should know about this shift in policy if you're looking for a job at a dispensary or cultivation center in Maryland.

The new regulations

published Wednesday in the Maryland Register, spell out the process for MMS to review applications that seek a variance from the drug testing requirement.

The commission will consider applications for variances on a case-by-case basis. It will consider if the applicant can demonstrate that drug testing is unnecessary to protect public health and safety.

The new regulations, published Wednesday in the Maryland Register, spell out the process for MMS to review applications that seek a variance from the drug testing requirement.

MMS required "all licensees, owners, and employees to undergo drug screening

The old rule required "all licensees, owners, and employees to undergo drug screening and obtain a certificate showing they are free of illegal drugs."

It also stipulated that "all employees must be at least 21 years old," and that "licensees [had] to obtain two FBI background checks for each owner and principal officer."

Under the new MMS rules, however:

?     The Department will no longer require drug testing from licensees as part of their Cannabis Worker Program."

?     "[i]nstead, the Department will now require a criminal background check for each applicant for licensure."

The commission last year

The commission last year granted conditional approval for a variance that permits employees of Holistic Industries not to take drug tests.

The commission accepts public comments about the revised rules through May 1 and will hold a public hearing on April 9 in Bowie.

The company said

The Maryland Medical Cannabis Commission (MMS) announced that it would no longer require licensed growing and processing facility employees to undergo drug screening.

The commission said that the new regulations spell out the process for MMS to review applications that seek a variance from the drug testing requirement.

Employees at cultivation facilities should note that they will still be required by state law under certain circumstances, such as during investigations into workplace safety incidents or illegal activities, including theft or embezzlement.

Conclusion

The commission's decision to drop drug testing requirements is a huge step in the right direction.

Medical cannabis is not different from any other medicine, and doctors and nurses are not required to test negative for antibiotics or pain medicine before working with patients.

We're so glad that MMS has listened to advocates' concerns about patient privacy and taken action on this important issue.