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(c) 2022 Jon L Gelman, All Rights Reserved.
Showing posts sorted by relevance for query marijuana. Sort by date Show all posts
Showing posts sorted by relevance for query marijuana. Sort by date Show all posts

Tuesday, January 21, 2020

Medical Marijuana and the Supremacy Clause

“Change is the law of life. And those who look only to the past or present are certain to miss the future.” -John F. Kennedy

An unsettled area of the law has emerged between, the widespread adoption by the states to permit prescribed marijuana to relieve certain medical conditions and the strict federal law mandating the substance as a Schedule 1, Controlled Substance [CSA]. With an estimated 43.3 million Americans using the elicited drug, and the challenges of the “opioid epidemic” creating massive addiction and fatal results, the nation’s workers’ compensation system has been challenged to provide adequate authorized medical treatment.

Wednesday, July 31, 2019

Governor Murphy Signs Legislation to Dramatically Reform New Jersey's Medical Marijuana Program, Expand Patient Access

Governor Phil Murphy on July 2, 2019 signed the Jake Honig Compassionate Use Medical Cannabis Act to dramatically reform New Jersey’s Medicinal Marijuana Program (MMP) and expand patient access to medical marijuana.

Tuesday, April 13, 2021

NJ Supreme Holds Employers Responsible for Workers' Compensation Medical Marijuana Costs

The NJ Supreme has recognized that the workers’ compensation system has a legislative mandate to provide the safest medical care to cure and relieve occupational injuries. The Court acknowledged both state and Federal trends to provide non-addictive and non-fatal pain relief in place of the dangerous opioids. 

 

The intent that embraced the creation and development of the social insurance system has given the Court a rational and logical basis, consistent with public policy, to order medical marijuana for palliative care.

Monday, February 22, 2021

Cannabis Legislation Enacted in NJ

Today the NJ Legislature approved, and Governor Phil Murphy signed sweeping legislation to legalize the sale of recreational marijuana. Today's action follows the legislative enactment of medical marijuana laws in NJ and case law approving medical marijuana for the treatment of work-related injuries.

Wednesday, April 10, 2019

An Employer Must Provide Accommodation for Off-Hours Use of Medical Marijuana


An employee licensed to use medical marijuana under the New Jersey Compassionate Use Medical Marijuana Act may proceed with a the New Jersey Law Against Discrimination (LAD) action ageist his employer for unlawful termination. 

Friday, January 9, 2015

Florida medical marijuana and the 2016 Election Cycle

The medical marijuana initiative may have a major effect n the future of not only the nation'a presidential outcome but also of the fate of workers' compensation in the State of Florida. As goes Florida in the 2016 election cycle so probably will the nation, because of the mechanics of the National count of electoral college votes. 

The medical marijuana ballot question lost last off-year cycle because the liberal turnout was so low. The initiative could spur more voters to the poles and impact not only the Florida presidential count but also the local and state candidates. 

Ironically, a large voter turnout will result in the election of more liberals into office in Florida will ultimately liberalize the state leadership and its present negative thoughts on benefits. The upcoming election may ultimately impact the pending judicial cases involving the constitutionality of Florida's workers' compensation act.

Today's post is shared from reuters.com/

TALLAHASSEE, Fla. (Reuters) - The push to legalize medical marijuana in Florida continues with a two-pronged campaign, supporters said on Friday, sharing plans to mount another ballot drive in 2016 as a way to pressure state lawmakers to consider legislation permitting prescription pot.

A constitutional amendment to legalize medical marijuana in Florida last year fell just short of the 60 percent approval needed to pass in the state.

Morgan, who spent about $4 million on his United for Care campaign last year, said he has revised the ballot language to...
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Read more about medical marijuana and workers' compensation:

Workers' Compensation: Florida: Legalizing Marijuana Fails ...
Nov 05, 2014
Copyright. (c) 2014 Jon L Gelman, All Rights Reserved. Wednesday, November 5, 2014. Florida: Legalizing Marijuana Fails to Pass. Amendment 2. Amend Constitution to legalize medical marijuana? ANSWER, VOTES, PCT.
http://workers-compensation.blogspot.com/

For Marijuana, a Second Wave of Votes to Legalize
Oct 29, 2014
As the libertarian movement in the Republican Party has gained force, with leaders like Senator Rand Paul, Republican of Kentucky, supporting decriminalization of marijuana and others going even further, an anchor of the ...
http://workers-compensation.blogspot.com/

Workers' Compensation: Marijuana and Workers' Comp
Sep 08, 2014
There are some who believe medical marijuana and the workplace are a potent mix just waiting to be stirred as increasingly more states approve the herb and its derivatives for medicinal use. Not only are states approving the ...
http://workers-compensation.blogspot.com/

Court Rules Workers Comp Must Cover Medical Marijuana
Sep 22, 2014
"Indeed, medical marijuana is a controlled substance and is a drug,” the court wrote. “Instead of a written order from a health care provider, it requires the functional equivalent of a prescription - certification to the program.
http://workers-compensation.blogspot.com/

Thursday, January 25, 2018

NJ Governor Murphy Signs Executive Order Mandating Review of Medical Marijuana Policy

NJ Governor Phil Murphy today signed an Executive Order directing the New Jersey Department of Health and the Board of Medical Examiners to review the state’s existing medical marijuana program. The goal of the review is to eliminate barriers to access for patients who suffer from illnesses that could be treated with medical marijuana.

Tuesday, April 9, 2019

US FDA Moves to Further Regulate Marijuana Products

US Food and Drug Administration [FDA] announced a public hearing to obtain scientific data and information about the safety, manufacturing, product quality, marketing, labeling, and sale of products containing cannabis or cannabis-derived compounds.

Tuesday, June 21, 2022

US Supreme Declines to Review Medical Marijuana Reimbursement Issue

The US Supreme Court (SCOTUS) declined to review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference was denied today.  Musta v. Mendota Heights Dental Center, et al., No. 21-998. Therefore, the individual States will remain the authority on whether reimbursement for medical marijuana will be permitted in a workers' compensation claim.

Tuesday, May 31, 2022

US Supreme Court to Conference Medical Marijuana Preemption Case

The US Supreme Court (SCOTUS) is scheduled to conference the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference is listed for Thursday, June 16, 2022.  Musta v. Mendota Heights Dental Center, et al., No. 21-998.

Monday, May 16, 2022

US Requests SCOTUS Not Review Medical Marijuana Reimbursement Issue

The US Government filed an amicus curiae brief requesting that the US Supreme Court  (SCOTUS) not review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The US Government was invited to submit a brief by SCOTUS. Musta v. Mendota Heights Dental Center, et al., No. 21-998.

Thursday, March 29, 2018

NJ Expands Access to Medical Marijuana to Include Common Work-Related Conditions

Governor Phil Murphy announced major reforms to New Jersey’s Medicinal Marijuana Program. The permitted medical conditions now include many common work-related medical conditions. 

Monday, September 8, 2014

Marijuana and Workers’ Comp

Today's post is shared from insurancejournal.com
There are some who believe medical marijuana and the workplace are a potent mix just waiting to be stirred as increasingly more states approve the herb and its derivatives for medicinal use.
Not only are states approving the use of medical marijuana at an astounding pace, but at least two state supreme courts – in Colorado and in New Mexico – are taking up questions that center on marijuana, the workplace and workers’ compensation.
In Colorado, in Coats v. Dish Network LLC, a man who was injured and using medical marijuana off-duty was fired. A judge upheld the termination as lawful because use of marijuana, while legal for both medicinal and non-medicinal uses in Colorado, violates federal law. The Colorado Court of Appeals affirmed the employer’s right to fire the employee, but the Colorado Supreme Court has granted a review of the case.
In New Mexico, Vialpando v. Ben’s Automotive Services and Redwood Fire & Casualty is believed to be the first case in the nation in which a judge has ordered an insurance carrier to reimburse a workers’ comp claimant for the cost of medical marijuana to treat back pain.
That case is being appealed to the New Mexico Supreme Court.
According to the National Council on Compensation Insurance (NCCI), insurers are starting to receive requests to pay for medical marijuana. However, there are those who believe that at this stage questions arising around workers’ comp are all talk and no action.
...
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Sunday, February 23, 2020

NJ Cannabis Legal Protections Advance for Workers’ Compensation Medical Treatment

The NJ Assembly Financial Institutions and Insurance Committee reported favorably and with committee amendments Assembly Bill No. 377.  As amended, this bill creates certain protections for insurers and insurance producers engaging in the business of insurance in connection with cannabis-related businesses.

Monday, September 22, 2014

Court Rules Workers Comp Must Cover Medical Marijuana

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An injured worker who was prescribed medical marijuana by a doctor will be covered by worker’s compensation, the New Mexico Court of Appeals ruled.

Gregory Vialpando claims he experienced severe pain after failed spinal surgeries to fix a back injury he suffered on the job.

He met the threshold for payments under workers' compensation laws and his doctor recommended marijuana to manage his pain.

The appeals courts decision upheld a lower court ruling that found Vialpando’s participation in the New Mexico Department of Health's Medical Cannabis Program constituted reasonable and necessary medical care, which is the standard for reimbursement under the New Mexico Worker’s Compensation Act.

His employer at the time of the injury, Ben's Automotive Services, and its insurer Redwood Fire & Casualty argued that medical marijuana must be treated as a prescription drug and that the medical marijuana program isn’t a licensed pharmacist or health care provider.

The court ruled that "medical marijuana is not a prescription drug," and even if it were, "our analysis would lead to the same conclusion."

"Indeed, medical marijuana is a controlled substance and is a drug,” the court wrote. “Instead of a written order from a health care provider, it requires the functional equivalent of a prescription - certification to the program. Although it is not dispensed by a licensed pharmacist or health care provider, it is...

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Thursday, April 17, 2014

Georgia senate approves medical marijuana bill







Photo source or description
[JURIST] The Georgia State Senate [official website] on Thursday approved a bill [text, PDF] legalizing the use of marijuana for medicinal purposes. The bill carves our narrow acceptable uses and is careful to make clear it is not meant to be a step towards outright legalization. Specifically, the bill legalizes the use of cannabidoils (CBD), which is high in tetrahydrocannabinol (THC), for the treatment of children's seizures. Studies show that CBD has been effective in reducing the duration and frequency of seizures. In addition, the bill allows for clinical trials and further research to be done on the potential benefits of medical marijuana for cancer patients or those with glaucoma. The bill was paired with another measure that mandates insurance coverage for children with autism and passed the Senate unanimously, 54-0. The bill now goes back before the House for final approval.

The use of marijuana for medical purposes and the legalization of marijuana [JURIST backgrounder] for recreational use has garnered more legal support [Marijuana Policy Project website] in the US in recent months. Last month the Financial Crimes Enforcement Network (FinCEN) of the US Department of the Treasury issued guidelines [JURIST report] for banks to provide services to legal marijuana-related businesses, predominately in Colorado and Washington. In January the Florida Supreme Court approved [JURIST report] a citizen initiative to vote on an amendment to the state constitution on the...

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Tuesday, June 16, 2015

Colorado Supreme Court Rules Medical Marijuana Unlawful Employment Activity

The Colorado supreme court held that under the plain language of section 24-34-402.5, 14 C.R.S. (2014), Colorado’s “lawful activities statute,” the term “lawful” refers only to those activities that are lawful under both state and federal law.

Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the statute. We therefore affirm 18 the court of appeals’ opinion.

Coats v. Dish Network—Labor and Employment- Protected Activities

Friday, July 13, 2018

New Jersey workers' compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana

Today's post is shared from http://nj1015.com

"A New Jersey worker's compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana, saying that the federally banned weed is safer than prescription painkillers.

Friday, January 6, 2012

Medical Marijuana Maybe Permitted By State Authorization

English: U.S. states are shown in green where ...Image via Wikipedia

Workers' Compensation systems maybe legally  implementing distribution of marijuana for medical purposes on a state by state basis circumventing a Federal prohibition. A Federal Court ruled today that the state authorized distribution program was not subject to Federal restrictions.

Prescription drugs utilization has exploded both in cost factors and in volume leading to major concerns by both employers and insurance carriers. Compounding the issue is that prescription pain relief is being offered more frequently to avoid the both costly and risky surgical intervention and protocols. Additionally there is a concern that state governments merely want to get into the act in order to tax the prescription costs for the purposes of raising revenue.

All of this focuses on the issue of whether the nation's workers' compensation system is actually providing the necessary care to cure and relieve medical conditions as intended by the crafters a century ago.

Click here to read more from the Jurist: Federal judge grants ACLU motion to dismiss Arizona medical marijuana challenge
"A judge for the US District Court for the District of Arizona [official website] on Wednesday granted an American Civil Liberties Union (ACLU) [advocacy website] motion to dismiss a lawsuit [order, PDF] challenging Arizona's voter approved medical marijuana law, the Arizona Medical Marijuana Act [text, PDF]."

Saturday, January 4, 2014

New York State Is Set to Loosen Marijuana Laws

Changes in the delivery of medications in workers' compensation has become a hot issue recently. While employers and insurance companies attempt to restrict maintenance medications for pain especially, the use of medical marijuana is becoming widely adopted, and in Colorado it has been adopted for recreational use. See also the The Complex World of Workers' Compensation and Pharmaceutical Benefits. Today's post is shared from the nytimes.com. 

ALBANY — Joining a growing group of states that have loosened restrictions on marijuana, Gov. Andrew M. Cuomo of New York plans this week to announce an executive action that would allow limited use of the drug by those with serious illnesses, state officials say.

The shift by Mr. Cuomo, a Democrat who had long resisted legalizing medical marijuana, comes as other states are taking increasingly liberal positions on it — most notably Colorado, where thousands have flocked to buy the drug for recreational use since it became legal on Jan. 1.

Mr. Cuomo’s plan will be far more restrictive than the laws in Colorado or California, where medical marijuana is available to people with conditions as mild as backaches. It will allow just 20 hospitals across the state to prescribe marijuana to patients with cancer, glaucoma or other diseases that meet standards to be set by the New York State Department of Health.
While Mr. Cuomo’s measure falls well short of full legalization, it nonetheless moves New York,...
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