Frederick County, Maryland Eliminates Pre-Employment Drug Tests for Most Public Positions

Frederick County, Maryland, has removed pre-employment drug screening requirements for most public employees.

(Photo credit: Emily Koonce)

This change, announced by Frederick County Executive Jessica Fitzwater, affects the county’s workforce of approximately 3,400 people, except for those in specific “safety-sensitive” roles like law enforcement, who will still be subject to testing.

This policy shift follows the state’s legalization of cannabis production, sale, and use last year. However, the legislation did not include explicit workplace protections for employees who use cannabis off-duty. A separate bill introduced this year aimed at limiting employers’ ability to penalize workers for past cannabis use did not advance.

Executive Fitzwater noted that pre-employment drug testing created unnecessary employment barriers.

Similar measures have been adopted in other cities and counties across the country, including Atlanta, Cleveland, Washington D.C., Philadelphia, and St. Louis. Additionally, states like Michigan, Nevada, and Washington have enacted laws stopping pre-employment marijuana testing statewide. California, Connecticut, Minnesota, Montana, New Jersey, New York, and Rhode Island have also introduced broader workplace protections to limit employers from testing or sanctioning employees for off-duty cannabis use.

Maryland voters legalized marijuana via the initiative process in 2022. The law allows those 21 and older to possess up to 1.5 ounces of marijuana, 12 grams of marijuana concentrates and marijuana edibles infused with up to 750 mg of THC. The first licensed marijuana store opened July 1, 2023.

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