January 14, 2020
The New Jersey Superior Court has affirmed that an employee is eligible to have his medical marijuana costs reimbursed by his employer.
Justices rejected the contention that cannabis is ineligible for reimbursement under the state’s workers’ compensation laws because it is illegal federally, opining, “Because we conclude the order does not require [employers] to possess, manufacture or distribute marijuana, but only to reimburse petitioner for his purchase of medical marijuana, we discern no conflict between the CSA (federal Controlled Substances Act) and MMA (the New Jersey Compassionate Use Medical Marijuana Act).” They further argued that the plaintiff’s use of medical cannabis to treat his chronic pain arising from a work-related injury was both “reasonable and necessary.”
The New Hampshire Supreme Court issued a similar ruling last year, as have lower courts in several other states, including Connecticut, Maine, Minnesota, and New Mexico.
The case is Hager v. M&K Constriction, Docket No. A-0102-18T3. The decision is online here.