So far, the California workers’ compensation system has not been required to pay for “medical marijuana” as treatment for industrial injuries. But, in 2014, New Mexico became the first state to have a state appellate court order a workers’ compensation insurance carrier to provide reimbursement to an injured worker for medical marijuana
The Appellate Division of the Maine Workers’ Compensation Board affirmed two different administrative law judge awards reimbursing workers for their medical marijuana expenses, Bourgoin v. Twin Rivers Paper Co. and Noll v. Lepage Bakeries.
And later, an ALJ in New Jersey issued an order in Watson v. 84 Lumber requiring reimbursement of an injured worker for medical marijuana payment
And now, Senators Brian Schatz (D-Hawaii) and Bill Nelson (D-Fla.) introduced legislation this week to allow doctors at the U.S. Department of Veterans Affairs to prescribe medical marijuana to veterans in the 31 states that have established medical marijuana programs.
This Act is to be cited as the “Veterans Medical Marijuana Safe Harbor Act.”
The Act proclaims that “chronic pain affects the veteran population, with almost 60 percent of veterans returning from serving in the Armed Forces in the Middle East, and more than 50 percent of older veterans, who are using the health care system of the Department of Veterans Affairs living with some form of chronic pain.”
“And it says “in 2011, veterans were twice as likely to die from accidental opioid overdoses as nonveterans. States with medical cannabis laws have a 24.8 percent lower mean annual opioid overdose mortality rate compared with States without medical cannabis laws.”
The proposed law would “allow veterans to use, possess, or transport medical marijuana and to discuss the use of medical marijuana with a physician of the Department of Veterans Affairs as authorized by State law, and for other purposes.”
In addition to creating a temporary, five-year safe harbor protection for veterans who use medical marijuana, the bill would also direct the VA to research how medical marijuana could help veterans better manage chronic pain and reduce opioid abuse.
“In the 31 states where medical marijuana is legal, patients and doctors are able to see if marijuana helps with pain management. Our veterans deserve to have that same chance,” Senator Schatz said. “This bill does right by our veterans, and it can also shed light on how medical marijuana can help with the nation’s opioid epidemic.”
The bill is supported by the American Academy of Pain Medicine, Veterans Cannabis Project, Veterans for Medical Cannabis Access, Americans for Safe Access, NORML, Marijuana Policy Project, Drug Policy Alliance, Multidisciplinary Association for Psychedelic Studies, Veterans Cannabis Coalition and National Cannabis Industry Association.
The bill however is in conflict with the federal Controlled Substances Act (21 U.S.C. 801 et seq.). The federal government classifies marijuana as a schedule 1 drug, meaning it’s perceived to have no medical value and a high potential for abuse. The classification puts marijuana in the same category as heroin and a more restrictive category than schedule 2 drugs like cocaine and methamphetamine.