Governor Wes Moore signed an executive order on September 4, 2026, establishing an updated workplace substance misuse policy for all employees of Maryland’s Executive Branch. The order, designated Executive Order 01.01.2026.15, rescinds previous orders from 1991 and 2023 to address the legal realities of adult-use cannabis in the state while maintaining compliance with federal regulations.
The policy applies to state executive branch employees, volunteers, contractual workers, and members of state boards and commissions. It reiterates a zero-tolerance stance on workplace impairment, prohibiting employees from working while under the influence of alcohol, cannabis, intoxicating cannabinoids, or controlled dangerous substances.
Rules for Cannabis and Medical Patients
Despite Maryland voters’ approval of adult-use cannabis and subsequent enabling legislation, the executive order explicitly bars the consumption, smoking, ingestion, or possession of cannabis and intoxicating cannabinoids on state property, at any worksite, or during work hours. Intoxicating cannabinoids are defined under the order as any product intended for human consumption or inhalation containing more than 0.5 milligrams of tetrahydrocannabinol (THC) per serving.
Registered medical cannabis patients employed by the executive branch are subject to the same workplace restrictions. The order explicitly states that certified medical cannabis patients may not possess or consume cannabis on state property or during work time. Furthermore, medical patients must consult their healthcare providers to evaluate whether their medical cannabis use could impair job safety. If impairment or safety risks exist, employees are required to inform their supervisors and utilize appropriate leave.
Categorization and Disciplinary Framework
The executive order establishes distinct disciplinary pathways based on job classifications:
- Non-Sensitive and Non-Safety Sensitive Employees: First-time policy violations trigger a mandatory referral to the state-administered Employee Assistance Program (EAP) alongside standard administrative discipline. A second violation mandates a minimum five-day suspension, EAP referral, and mandatory completion of a state-approved treatment program, with termination possible. A third violation results in mandatory termination.
- Sensitive and Safety-Sensitive Employees: Defined as workers operating heavy machinery (such as cranes or forklifts), carrying firearms, enforcing narcotics laws, or holding significant responsibility for public safety, these employees face immediate 15-day suspensions and required treatment program participation for a first in-workplace offense or conviction. A positive random drug test for a controlled dangerous substance results in a mandatory five-day suspension and required drug treatment.
Reporting Requirements and Federal Scope
The policy mandates that any employee who pleads guilty, receives probation before judgment, or is convicted of an alcohol-, cannabis-, or drug-related offense must notify their supervisor or appointing authority within five workdays of the court disposition. Supervisors who observe or receive reports of suspected workplace impairment are instructed to initiate formal internal investigations. If suspected criminal violations occur, state appointing authorities are directed to refer the matter to law enforcement.
The order highlights Maryland’s commitment to operating as a “Recovery Friendly Workplace,” stating that voluntary requests for assistance or self-referrals to state assistance programs like MyMDCares will not directly trigger disciplinary action. However, seeking treatment does not exempt employees from meeting job performance standards or shield them from penalties for policy violations.
Because Maryland receives federal funding subject to the Drug-Free Workplace Act of 1988, the order explicitly notes that applicable federal laws or conflicting federal regulations take precedence over state guidelines.
