Should Workers’ Comp Cover Medical Marijuana? Feds To Weigh In On Growing Issue

By Jelena Martinovic

The range of states the place clinical cannabis is permitted is nearing 40, with legal recreational cannabis also starting to be extra and additional prevalent. Nonetheless, the difficulty of workers’ clinical cannabis compensation for wounded workforce is staying approached from different angles, not in contrast to the United States’ patchwork of cannabis restrictions.

The main setback in conditions of employees seeking workers’ comp for health care cannabis expenditures following getting injured on the job is marijuana’s Plan I status under the federal Controlled Substances Act (CSA).

With states achieving unique conclusions on the same concern, the U.S. Supreme Courtroom is now asking the top rated Justice Office law firm to submit a transient — a noteworthy enhancement in instances that seems to depend on an interpretation of the Supremacy Clause of the U.S. Constitution, Marijuana Moment reported.

A pair of medical cannabis compensation cases concerning Minnesota workers were discussed at a non-public meeting on Friday wherein both were regarded as invalid in accordance to a 2021 Minnesota Supreme Court ruling.

In the case of Susan Musta, who filed a petition with the U.S. Supreme Court in November on the state’s maximum courtroom identifying that her employer did not have to have to give reimbursement for professional medical cannabis following her injuries at a dental heart, where by she was doing work.

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In a good friend-of-the-court transient filed in December by Empire Point out NORML, the New York Metropolis Cannabis Marketplace Association and the Hudson Valley Cannabis Market Affiliation, justices were being urged to acquire up an enchantment out of Minnesota, utilizing it to settle the conflict among state and federal hashish rules.

Daniel Bierbach, the protagonist in a similar circumstance, submitted his petition for a writ of certiorari (a process that seeks a judicial critique of a decreased court docket choice) months soon after Musta in January. The state Supreme Court manufactured the same judgment.

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While filings in the two instances have been distributed on February 2 for a Supreme Court meeting that was scheduled on February 18, the justices are now inquiring the Biden administration to weigh in on the issue.

“The Solicitor General is invited to file a transient in this situation expressing the sights of the United States,” reads the most up-to-date entry in the dockets on each situations.

This post at first appeared on Benzinga and has been reposted with permission.