SCOTUS Denies Workers Comp For Employees Seeking Medical Marijuana For Injuries

Payment for staff wounded on the work is staying approached from many angles, even though it faces an ongoing setback: cannabis remains a Schedule I compound under the Controlled Substances Act (CSA), which essentially precludes personnel from being ready to find compensation for its use as a medication.

Two cases concerning Minnesota employees were discussed at a private convention before this year wherein both were being regarded as invalid according to a 2021 Minnesota Supreme Court docket ruling, under which employers were not obligated to shell out for their workers’ health care marijuana treatment method.

Both of those conditions, in a new determination, were being declined by the U.S. Supreme Court docket on Tuesday. Marijuana Moment reported that denying certiorari means that fewer than 4 justices felt the authorized issues merited consideration by the higher courtroom, not necessarily that a vast majority agrees with lower courtroom rulings in the two disputes.

In February, the U.S. Supreme Court docket questioned the best Justice Department lawyer to post a quick. The reaction from the solicitor general’s office environment arrived in previous month with a recommendation that the court need to not just take up the make any difference.

The Instances

Susan Musta had filed a petition with the U.S. Supreme Court in November when the state court determined that her employer did not require to supply reimbursement for health care hashish next her injury at a dental center where she was functioning.

In a buddy-of-the-courtroom brief submitted in December by Empire Point out NORML and the New York Town and Hudson Valley Cannabis Sector Associations, justices were urged to consider up an attractiveness out of Minnesota, using it to settle the conflict concerning state and federal cannabis guidelines.

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Daniel Bierbach, the protagonist in a comparable scenario, submitted his petition for a writ of certiorari (a method that seeks a judicial overview of a decreased court final decision) months immediately after Musta in January. The point out Supreme Court manufactured the identical judgment.

When filings in both scenarios were being dispersed on February 2 for a Supreme Court docket conference that was scheduled on February 18, the justices are now inquiring the Biden administration to weigh in on the challenge.