New Jersey: Court Affirms Employer Must Reimburse Worker for Medical Marijuana Expenses

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  • by
    Paul
    Armentano,
    NORML
    Deputy
    Director


    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
    .

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