by Jennifer M. Smith, Esq.

Marijuana use for medicinal purposes is now legal in 20 states (AK, AZ, CA, CO, CT, DE, HI, IL, ME, MA, MI, MO, NE, NJ, NM, OR, RI, VT, WA) and the District of Columbia. Legislation is pending in an additional 10 states (Georgia is not one of the 10, but a bill introduced that would legalize cannabis oil is gaining support). With more and more states legalizing medical marijuana, workers’ compensation carriers are anticipating an increase in the number of claims for reimbursement for prescribed marijuana.

As pointed out in the Business Insurance article, “Comp Sector braces for medicinal pot”, most states have very vague guidelines on the use of marijuana and therefore the National Council on Compensation Insurance Inc. has indicated that medical marijuana is one of the top emerging concerns in the work comp arena. However, because the FDA has not approved its use and medicinal marijuana is not legal on a federal level, most insurance companies will likely deny payment unless they are ordered to do so by a judge.

According to another article from Life Health Pro, most states do not have specific regulations in place on how to handle medical marijuana in worker’s compensation claims. Typical laws indicate that the workers’ compensation carrier only has to pay for reasonable treatment that has been proven to be efficacious. Without FDA approval, most insurers would argue that medical marijuana has not been proven to be efficacious, providing a basis for denial.

Both articles also point out that marijuana prescription and use may prevent injured workers from returning to their jobs safely.