In a groundbreaking decision, the New Jersey Superior Court decided the outcome of the confusing dispute between federal and state medical marijuana laws when it comes to paying for medical marijuana as a workers’ compensation benefit. In Hager v. M&K Construction, A-0102-18T3 (App. Div. January 13, 2020), the court held that the federal Controlled Substances Act (CSA), 21 USC §841, does not preempt the NJ Compassionate Use Medical Marijuana Act (MMA), NJSA 24:61-1 to 29. In other words, the federal law does not prevent New Jersey from requiring employers to pay for medical marijuana.
Background
To date, there are 33 states that have legalized medical marijuana. Only New Mexico and Maine have decided this issue; New Mexico concluded the state’s act is not preempted by the CSA, but Maine concluded the state’s act is preempted by the CSA.
The MMA in New Jersey was enacted in 2010 to “decriminalize” the possession of a certain amount of marijuana for medical use by qualified patients.