Should the trade association cover medical marijuana expenses if you miss work?

This issue of workers’ compensation has been going on for far too long. Now that the number of states with legal medicinal cannabis has surpassed 35, federal authorities have decided to look into the matter.

Employees are entitled to compensation from their employer for injuries or accidents at work. However, the introduction of medicinal cannabis in various states means that some workers are taking the drug during work hours. Employers argue that they have no reason to compensate workers enrolled in medical cannabis programs before or after an accident at work. This issue has been viewed from multiple angles, with employers claiming that the drug puts even on-duty medical patients at risk.

The US patchwork of cannabis regulations does little to address this dispute. Largely because marijuana has Schedule 1 status under federal law, workers are often denied seeing worker compensation to pay medical cannabis bills.

The constitutional states still have to agree on this topic. Different states come to different conclusions on how to resolve the dispute. The federal authorities have recognized that only a solution proposed by the federal government can help.

As a result, the US Supreme Court has asked a team of top Justice Department attorneys to prepare a brief on how to legally resolve the case. The brief will contain notable developments in cases based on the Constitution’s precedence clause.

Medical Marijuana Worker Compensation

Attorneys selected two medical marijuana comp cases involving Minnesota employees and their employers. The closed cases were discussed during a private conference a few days ago. Both cases were heard by the Minnesota Supreme Court in 2021 and dismissed as invalid cases.

The first case involved a woman named Susan Musta. After her case was invalidated by the Minnesota Supreme Court, she filed a petition with the US Supreme Court. Musta says it’s imperative that her employer pay her back every penny she spent on medical cannabis to treat the injury she sustained while working at the dental center. The US Supreme Court appeal case could set a precedent for other worker’s compensation-related cases.

In December, the Hudson Valley Cannabis Industry, the New York City Cannabis Industry Association, and the Empire State NORML filed a friendly brief on the same subject. These organizations asked federal judges to consider an appeal case from Minnesota. They believe that if a case is settled, other courts could use it as a model to resolve other conflicts between state and federal cannabis laws. However, this could backfire if the Supreme Court’s decision is based on cannabis’ federally banned status.

Another similar case from Minnesota stars Daniel Bierbach. Bierbach submitted his petition to seek a judicial review of the Minnesota Supreme Court decision. His plea was submitted a few months after Musta. In both cases, the lower court made the same judgment and declared both instances invalid.

The Biden administration cannot help but comment on the issue. Both cases were rightly brought up for discussion during a Supreme Court conference. The court is asking the attorney general to file a brief on these cases to let the court know what the Oval Office thinks.

positions of other states

This legal controversy is not limited to Minnesota. Other states’ supreme courts had a similar case to Bierbach and Musta. Most reports of workers’ compensation cases show that judges and legislators agree on this.

Last year, the American Journal of Industrial Medicine (AJIM) published a report that looked at each medical cannabis state’s stance on workers’ compensation for cannabis-derived drugs. The report found that only five out of thirty-six states allow workers’ compensation for medical cannabis, and seven oppose it. Insurers in 14 states are not required to reimburse workers for cops spent on medicinal cannabis while recovering from work-related injuries. In 10 states, legislatures and the judiciary have maintained a quiet neutral position on the issue.

Three of the five states that require workers to reimburse workers for medicinal cannabis have recently moved to the position. These states are New Hampshire, New York and New Jersey. Her decision was influenced by the rulings of the state’s supreme and appellate courts.

According to the AJIM reports, other states could follow in the coming years. Especially now that dozens of workers are filing petitions in state courts and other administrative agencies for cannabis-related compensation for work-related injuries.

Federal laws take precedence over state laws

In a few weeks or months, the US Supreme Court will announce its verdict on this issue. But before that, workers need to understand that their decision could actually go either way.

The federal courts rule on the basis of national laws. Although more than half of states have decriminalized medicinal cannabis, the Supreme Court could invalidate the cases since cannabis is illegal under the federal constitution.

The Minnesota Supreme Court decision, which ruled that the federal ban on cannabis is greater than any state order legalizing the drug, is not wrong from another perspective in concluding that employers should protect their injured employees should reimburse amounts spent on cannabis treatments. However, the court still has the last word.

According to Associate Justice Barry Anderson, the best solution right now would be if Congress got to work immediately to eliminate the differences between state and federal cannabis policies.

bottom line

Employers cannot respect both state and federal laws. In this case, where national laws prevent employers from compensating their workers, it is not surprising that they have chosen to conform to federal policy. As states continue to grapple with issues arising from this issue of worker compensation, the federal legislature must get to work and approve federal reforms that would resolve this confusion. The varying standards from state to state are not in the best interests of workers and patients in medicinal cannabis programs.

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