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.
