A workers’ compensation judge has ordered a New Jersey municipality to pay for an injured worker’s medical marijuana, brushing aside an insurance carrier’s objections stemming from the drug’s status as a controlled substance under federal law.
It is at least the second time a workers’ compensation judge in the state has ruled in favor of a petitioner asking his employer to foot the bill for medical marijuana, perhaps a sign of growing acceptance of marijuana in society. But for insurance companies who write workers’ compensation policies for employers reluctant to jump on the cannabis bandwagon, concerns over the disparity between state and federal law remains.
Workers’ Compensation Judge Lionel Simon ruled on June 28 that Freehold Township must pay for medical marijuana for Steven McNeary, who suffers from muscular spasticity, according to documents. The ruling was first reported in the blog of open government activist John Paff.
A lawyer for carrier PMA Group argued that New Jersey’s medical marijuana law is pre-empted by federal law designating it as illegal, and also cited a recent ruling from the Maine Supreme Court holding that an insurance carrier can’t be ordered to pay for marijuana when it is prohibited under federal law.