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Does workers' compensation have to reimburse for medical marijuana?

A court case questions whether an employer should reimburse an employee for the prescribed use of medical marijuana after a work-related accident.

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The appellate court found that "there is evidence of tolerance from the federal government of state-legislated medical marijuana" and that since December 2014, "congressional appropriations riders have prohibited the use of any (Department of Justice) funds that prevent states with medical marijuana programs. . . from implementing state medical marijuana laws." (Credit: PRO Stock Professional/Shutterstock) The appellate court found that “there is evidence of tolerance from the federal government of state-legislated medical marijuana” and that since December 2014, “congressional appropriations riders have prohibited the use of any (Department of Justice) funds that prevent states with medical marijuana programs. . . from implementing state medical marijuana laws.” (Credit: PRO Stock Professional/Shutterstock)

In a case of first impression, the Superior Court of New Jersey, Appellate Division, considered whether a workers’ compensation judge can order an employer to reimburse an employee for the employee’s use of medical marijuana prescribed for chronic pain following a work-related accident.

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