State board approves emergency childcare rule restricting cannabis, vaping and tobacco on licensed premises

The State Board of Education approved an emergency regulation that prohibits smoking, vaping, use of cannabis (including edibles) and possession of related paraphernalia in licensed childcare settings during hours of operation and on licensed premises.

MSDE staff presented a consolidated set of amendments to multiple childcare COMAR chapters to address the storage, administration and presence of cannabis products and vaping paraphernalia in both center‑based and family childcare settings. The proposed rule would: define vaping and cannabis terms; expand lists of hazardous items (alcohol, tobacco, cannabis, edibles and paraphernalia); require providers to keep such items out of children’s reach; prohibit providers and childcare staff from consuming or being under the influence of cannabis, illegal substances or alcohol while providing care (including off‑site activities and transportation); and require parental notification where household smoking, vaping or cannabis use occurs outside the licensed area.

Board debate centered on the phrase “immediate presence” in the draft rule for family childcare homes; several members argued second‑hand exposure and central‑air circulation make on‑site use problematic even if it occurs outside the licensed room. The board voted to amend the emergency rule to remove the phrase “immediate presence” and to restrict use during the hours of operation across the entire licensed structure (not only the licensed room), clarifying that no one on the premises should smoke, vape or use cannabis during operating hours. The amended emergency rule was approved by majority vote, and the department will proceed with parallel standard rulemaking for a permanent regulation, allowing further public comment.

Board action and context: the emergency procedure was used to align childcare rules before July 1, when broader cannabis law changes take effect; MSDE said the immediate concern included edible products that resemble candy and vaping paraphernalia that increase risk of accidental ingestion. The board recorded the amendment and formal vote approving the emergency adoption and authorized the department to begin the standard promulgation process for the permanent rule.

Ending: MSDE will publish the emergency regulation, notify AELR and continue public engagement during the permanent‑rule process; board members requested later review of tobacco language to ensure consistent protections.