Should the trade association cover medical marijuana? Feds weigh the growing problem

By Jelena Martinovic

The number of states legalizing medical marijuana is approaching 40, with legal recreational cannabis also becoming more prevalent. Still, the issue of medical marijuana compensation for injured employees is being approached from multiple quarters, similar to the patchwork quilt of cannabis regulations in the United States.

The biggest setback in cases of workers seeking medical cannabis compensation after an injury at work is marijuana’s Schedule I status under the federal Controlled Substances Act (CSA).

As states come to different conclusions on the same issue, the US Supreme Court is now asking the Justice Department’s chief counsel to produce a brief — a notable development in cases that appear to be an interpretation of the US Constitution’s primacy clause, Marijuana Moment, appear to be reported.

Two medical marijuana compensation cases affecting Minnesota employees were discussed at a private conference Friday, both of which were deemed invalid under a 2021 ruling by the Minnesota Supreme Court.

In the case of Susan Musta, who filed a petition with the US Supreme Court in November after the state’s highest court ruled that her employer did not have to pay medical cannabis reimbursement after her injury at a dental center where she worked.

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In a brief filed in December by Empire State NORML, the New York City Cannabis Industry Association, and the Hudson Valley Cannabis Industry Association, judges were urged to seek appeal from Minnesota and use it to resolve the dispute between states and state cannabis laws.

Daniel Bierbach, the protagonist in a similar case, filed his application for a certiorari (a proceeding seeking judicial review of a lower court’s decision) months after Musta in January. The regional court made the same judgment.

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While the filings in both cases were distributed on Feb. 2 for a Supreme Court conference scheduled for Feb. 18, justices are now asking the Biden administration to comment on the issue.

“The Attorney General is asked to file a brief in this case expressing the views of the United States,” read the latest entry in the filing for both cases.

This article originally appeared on Benzinga and has been republished with permission.