The U.S. Supreme Court on Tuesday asked the solicitor general to weigh in on whether state laws requiring that workers be reimbursed for the cost of medical marijuana to treat on-the-job injuries are preempted by federal drug law.
The court invited the government to file an amicus brief in a case brought by Daniel Bierbach, who was prescribed medical marijuana for an ankle injury he sustained while working for an all-terrain vehicle dealer in Minnesota.
The Supreme Court of Minnesota last October said a state workers' compensation law requiring employers to cover the cost of medical marijuana prescribed for work-related injuries was preempted by the federal Controlled Substances Act (CSA).
The CSA makes it illegal to distribute, possess and manufacture marijuana. The Minnesota court said the state law was invalid because it would force employers to violate the CSA by subsidizing the purchase of marijuana.