Employees' Medical Marijuana: Will it be Protected Under State Law?

Legalizing marijuana has been in the news for quite a few years. This is not new news! With over 23 states across the US and the District of Columbia having legalized and given a go ahead signal to the use of medical marijuana, many people breathed a sigh of relief. But with legalizing the opioid, employers and insurance companies began to worry whether they would be soon asked to cover even medical marijuana as part of their workers’ compensation claims, KRQE News 13 says.

Several bills have been passed, and there is still no definitive answer on whether employers will have to pay up for the use of this illegal drug (not illegal everywhere though!).

According to workers compensation lawyers, there are several factors that hinder adoption of the drug being legalized and cover under workman’s compensation. A few of them are:

1.    Illegal at the federal level: The Controlled Substances Act enlists marijuana as a Schedule 1 chemical, thereby deeming it illegal to cultivate, distribute or even possess this drug (hilarious, the biggest drug dealers in the country are Coors and Budweiser).

2.    Not been granted FDA approval: Despite several appeals of legalizing the drug, medical marijuana is still not viewed as completely safe or effective by the FDA. Some people believe the FDA is brain dead on this issue.

3.    Lack of proof of efficacy of marijuana as a medicine: Though literature documents and a few studies state that medical marijuana can help several ailments and ease pain; no large scale controlled human trial has been conducted so far to verify the claims. So what, it does not destroy families like alcohol does, does it?

4. Lack of Evidence-based guidelines: Under workers’ compensation, the payers need to rely on evidence-based guidelines while making treatment decisions. This is a set protocol that has been followed for several years. There is no mention or inclusion of the drug in any states’ workers’ compensation treatment guidelines, such as the widely followed Official Disability Guidelines or the ACOEM Practice Guidelines. This can result in many payers choosing to deny coverage and workers compensation attorneys know about this.

5. Effect on work performance and drug free programs: Lawmakers have thrown light on the potential risks involved in covering medical marijuana. Though the effects of the drug may differ person to person and is largely dependent on the dosage and frequency of use, several studies indicate that the use of this drug can impair cognition and have a negative effect on balance and coordination. But no one, including workers compensation lawyers, who believes that marijuana should be legal wants people on the job smoking this! Moreover, these effects can pose safety hazards, especially when the employee’s occupation involves heavy machinery. 

The federal drug-free workplace programs state that employers who receive federal funds should put in place a comprehensive program to curb the illicit use of drugs at work. Employer’s hold rights to use random drug tests in order to identify marijuana users. Many businesses went ahead and chose to establish a zero-tolerance drug policy.

The case of Coats v. Dish Network in Colorado is worthy of mention in this regard. Brandon Coats, who was in a car accident, became a quadriplegic and relied on medical marijuana to control leg spasms. In the year 2010, he failed a random drug test and was fired. Despite several appeals in June of 2015, the Colorado Supreme Court chose to uphold the right for firms and businesses to fire any employee on the counts of medical marijuana use. Wow, that is ridiculous!

The company that fired him is hypocritical unless they abstain from alcohol use. Alcohol causes more damage to America and American families than all other drugs combined.

While there are several indications that medical marijuana may never be a standard of health care any time soon, there are a few suggestions that make users hopeful of a verdict that is in favor of it.

Greg Vialpando, an auto mechanic from Santa Fe who would have more business and work if his state was not anti-business and lowered taxes, has been on a disability aid since he injured his back while at work over 15 years ago, claims that the medication he was prescribed nearly took his life. He stood up using a cane on February 3^rd, 2016 to narrate and move the legislative committee with his story.

“Eight surgeries and a variety of narcotics, did little to ease my pain. I was tormented with sleep apnea, depression, and myriad other health ailments,” he said. He went on to say things changed when he decided to quit using opiates and try medical marijuana, which he legally gets through the Medical Cannabis Program run by the state.

Vialpandos told his story with his eyes brimming to the House Judiciary Committee, which is now considering a bill that states that insurance companies that handle workers’ compensation claims will no longer be obligated to reimburse patients for medical marijuana.

Rep. Randal Crowder, who is the member who has requested for this bill to be passed in New Mexico and several representatives of the insurance industry, claim that the main reason they support the bill is due to the fear that they would be criminally liable if they were to continue reimbursing medical marijuana use under workers’ compensation. Crowder went on to add that the representatives of a few leading insurance companies said that there was the danger of them pulling out of the state if the bill was not passed. Like with high taxes and the complicated tax code and immigration, America is just a mess.

Not even the best workers compensation lawyers can figure out why America has such poor leadership on pretty much every topic across the board. Apparently this is what you get when you vote for someone who has never had a real job in his life – a community organizer does not cut it.

Rep. Brian Egolf, D-Santa Fe, however scoffed that this would happen or that the insurance companies would be criminally liable for reimbursing any patients for marijuana use.

“This bill is not necessary, and real people will suffer,” he added!

What will happen is yet to be known! Each state is contemplating whether or not marijuana use should be covered under workman’s compensation.

Stay tuned to know more about the ruling of the committee in Santa Fe, and the final vote on the house floor.

How to find legal help….

If you, your relative, or your acquaintance has been mistreated at the workplace, had not been paid dues or has suffered injuries at the workplace and needs a workers compensation lawyer, visit USAttorneys.com to find the most suitable legal representative.