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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts with label Medical Marijuana. Show all posts
Showing posts with label Medical Marijuana. Show all posts

Tuesday, June 21, 2022

US Supreme Declines to Review Medical Marijuana Reimbursement Issue

The US Supreme Court (SCOTUS) declined to review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference was denied today.  Musta v. Mendota Heights Dental Center, et al., No. 21-998. Therefore, the individual States will remain the authority on whether reimbursement for medical marijuana will be permitted in a workers' compensation claim.

Tuesday, May 31, 2022

US Supreme Court to Conference Medical Marijuana Preemption Case

The US Supreme Court (SCOTUS) is scheduled to conference the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference is listed for Thursday, June 16, 2022.  Musta v. Mendota Heights Dental Center, et al., No. 21-998.

Monday, May 16, 2022

US Requests SCOTUS Not Review Medical Marijuana Reimbursement Issue

The US Government filed an amicus curiae brief requesting that the US Supreme Court  (SCOTUS) not review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The US Government was invited to submit a brief by SCOTUS. Musta v. Mendota Heights Dental Center, et al., No. 21-998.

Tuesday, April 13, 2021

NJ Supreme Holds Employers Responsible for Workers' Compensation Medical Marijuana Costs

The NJ Supreme has recognized that the workers’ compensation system has a legislative mandate to provide the safest medical care to cure and relieve occupational injuries. The Court acknowledged both state and Federal trends to provide non-addictive and non-fatal pain relief in place of the dangerous opioids. 

 

The intent that embraced the creation and development of the social insurance system has given the Court a rational and logical basis, consistent with public policy, to order medical marijuana for palliative care.

Monday, February 22, 2021

Cannabis Legislation Enacted in NJ

Today the NJ Legislature approved, and Governor Phil Murphy signed sweeping legislation to legalize the sale of recreational marijuana. Today's action follows the legislative enactment of medical marijuana laws in NJ and case law approving medical marijuana for the treatment of work-related injuries.

Saturday, October 24, 2020

NJ Cannabis Bill Advances Mandating Workers’ Compensation Coverage

The NJ Assembly will hold a hearing on October 26, 2020 at 10:30am on legislation A1706 that will mandate workers’ compensation carriers to cover coverage for the medical use of cannabis in certain circumstances.

Sunday, February 23, 2020

NJ Cannabis Legal Protections Advance for Workers’ Compensation Medical Treatment

The NJ Assembly Financial Institutions and Insurance Committee reported favorably and with committee amendments Assembly Bill No. 377.  As amended, this bill creates certain protections for insurers and insurance producers engaging in the business of insurance in connection with cannabis-related businesses.

Tuesday, January 21, 2020

Medical Marijuana and the Supremacy Clause

“Change is the law of life. And those who look only to the past or present are certain to miss the future.” -John F. Kennedy

An unsettled area of the law has emerged between, the widespread adoption by the states to permit prescribed marijuana to relieve certain medical conditions and the strict federal law mandating the substance as a Schedule 1, Controlled Substance [CSA]. With an estimated 43.3 million Americans using the elicited drug, and the challenges of the “opioid epidemic” creating massive addiction and fatal results, the nation’s workers’ compensation system has been challenged to provide adequate authorized medical treatment.

Wednesday, July 31, 2019

Governor Murphy Signs Legislation to Dramatically Reform New Jersey's Medical Marijuana Program, Expand Patient Access

Governor Phil Murphy on July 2, 2019 signed the Jake Honig Compassionate Use Medical Cannabis Act to dramatically reform New Jersey’s Medicinal Marijuana Program (MMP) and expand patient access to medical marijuana.

Thursday, July 18, 2019

NJ Supreme Court to Review Workplace Medical Marijuana Discrimination Case

The NJ Supreme Court has accepted for review a case where discrimination was alleged against an employer for failure to extend an accommodation to an employee who was using medical marijuana. The case had been dismissed by the trial court and that decision was reversed by the NJ Appellate Division in March of 2019.

Wednesday, April 10, 2019

An Employer Must Provide Accommodation for Off-Hours Use of Medical Marijuana


An employee licensed to use medical marijuana under the New Jersey Compassionate Use Medical Marijuana Act may proceed with a the New Jersey Law Against Discrimination (LAD) action ageist his employer for unlawful termination. 

Tuesday, April 9, 2019

US FDA Moves to Further Regulate Marijuana Products

US Food and Drug Administration [FDA] announced a public hearing to obtain scientific data and information about the safety, manufacturing, product quality, marketing, labeling, and sale of products containing cannabis or cannabis-derived compounds.

Friday, July 13, 2018

New Jersey workers' compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana

Today's post is shared from http://nj1015.com

"A New Jersey worker's compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana, saying that the federally banned weed is safer than prescription painkillers.

Thursday, January 25, 2018

NJ Governor Murphy Signs Executive Order Mandating Review of Medical Marijuana Policy

NJ Governor Phil Murphy today signed an Executive Order directing the New Jersey Department of Health and the Board of Medical Examiners to review the state’s existing medical marijuana program. The goal of the review is to eliminate barriers to access for patients who suffer from illnesses that could be treated with medical marijuana.

Thursday, June 15, 2017

Medical Marijuana Providers Maybe be Federally Prosecuted

Medical marijuana use may be heading to a new challenge for medical providers in workers' compensation case. Even though some States have authorized regulation and approval of dispensing medical marijuana, a Federal law allowing the practice is up for Congressional review.

Friday, January 9, 2015

Florida medical marijuana and the 2016 Election Cycle

The medical marijuana initiative may have a major effect n the future of not only the nation'a presidential outcome but also of the fate of workers' compensation in the State of Florida. As goes Florida in the 2016 election cycle so probably will the nation, because of the mechanics of the National count of electoral college votes. 

The medical marijuana ballot question lost last off-year cycle because the liberal turnout was so low. The initiative could spur more voters to the poles and impact not only the Florida presidential count but also the local and state candidates. 

Ironically, a large voter turnout will result in the election of more liberals into office in Florida will ultimately liberalize the state leadership and its present negative thoughts on benefits. The upcoming election may ultimately impact the pending judicial cases involving the constitutionality of Florida's workers' compensation act.

Today's post is shared from reuters.com/

TALLAHASSEE, Fla. (Reuters) - The push to legalize medical marijuana in Florida continues with a two-pronged campaign, supporters said on Friday, sharing plans to mount another ballot drive in 2016 as a way to pressure state lawmakers to consider legislation permitting prescription pot.

A constitutional amendment to legalize medical marijuana in Florida last year fell just short of the 60 percent approval needed to pass in the state.

Morgan, who spent about $4 million on his United for Care campaign last year, said he has revised the ballot language to...
[Click here to see the rest of this post]

Read more about medical marijuana and workers' compensation:

Workers' Compensation: Florida: Legalizing Marijuana Fails ...
Nov 05, 2014
Copyright. (c) 2014 Jon L Gelman, All Rights Reserved. Wednesday, November 5, 2014. Florida: Legalizing Marijuana Fails to Pass. Amendment 2. Amend Constitution to legalize medical marijuana? ANSWER, VOTES, PCT.
http://workers-compensation.blogspot.com/

For Marijuana, a Second Wave of Votes to Legalize
Oct 29, 2014
As the libertarian movement in the Republican Party has gained force, with leaders like Senator Rand Paul, Republican of Kentucky, supporting decriminalization of marijuana and others going even further, an anchor of the ...
http://workers-compensation.blogspot.com/

Workers' Compensation: Marijuana and Workers' Comp
Sep 08, 2014
There are some who believe medical marijuana and the workplace are a potent mix just waiting to be stirred as increasingly more states approve the herb and its derivatives for medicinal use. Not only are states approving the ...
http://workers-compensation.blogspot.com/

Court Rules Workers Comp Must Cover Medical Marijuana
Sep 22, 2014
"Indeed, medical marijuana is a controlled substance and is a drug,” the court wrote. “Instead of a written order from a health care provider, it requires the functional equivalent of a prescription - certification to the program.
http://workers-compensation.blogspot.com/