Greetings,

Soon we could be faced with claimants who, as my grandmother would say, are “taking the pot”.

And I have recently been asked by several clients how to deal with “certifications” for usage of medical marijuana (it will be called a certification and not a prescription).

As long as the use of marijuana for medical purposes remains illegal at the Federal level, Employer/Carriers have a basis for denial.  Nothing in the state law grants immunity from Federal prosecution for violating the law. 

The language in our law mirrors that of California, where the state courts have ruled the E/C’s do not have to provide or reimburse claimant’s for medical marijuana.  New Mexico courts have ruled the E/C’s do have top provide it, but that case was decided under a technicality and I understand it is being challenged still.   Maine courts have ruled E/C’s may have to reimburse claimant’s for medical marijuana, but not all of the appeals have been exhausted yet.

There seems to be a growing difference in directly paying for it versus reimbursing, but both still violate Federal law in my opinion.  I can’t knowingly give you money to go buy illegal stuff, that is also a crime.

The Florida process is not finalized yet, the state has until June to formalize the process, although some physicians are already certifying.  So far, we know that to be able to do so, doctors must take an 8 hour course.  Patients must be established with that doctor for 90 days before they can be certified to use marijuana, and it  will be a reduced THC formula with less “high”.  The initial visit will cost $250, and the patient must be seen every 45 days.

As this develops, I will keep you in the loop, and we can discuss the impact on drug screening and other areas as well in future tips. 

We have a CEU developed on this topic, and if you’d like to get it scheduled for the 2nd half of the year (after implementation), please let me know.

Thanks,

Sincerely,
Morgan Indek | Partner