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In a landmark decision, the New Jersey Appellate Division has set a precedent by ruling that an employer must reimburse an employee for medical marijuana expenses within the context of a workers' compensation case.
In this week’s edition: Republican lawmakers introduce House bill to federally legalize cannabis For the first time since 1968, DEA approves new cannabis cultivators for federal research Mississippi Supreme Court strikes down voter-approved medical cannabis initiative and upholds life sentence for person convicted of possession Dentons’ And more… Federal Republican Lawmakers File Bill to Federally Legalize Cannabis - Reps. David Joyce (R-OH) and Don Young (R-AK) introduced a bill to federally deschedule cannabis, protect banks that serve state-legal cannabis businesses, and provide add...
May 19, 2021 10:22 am Pepsi Bottling Co. must reimburse a onetime employee for his work injury-related medical cannabis costs, a panel of New Jersey Appellate Division judges found May 11. Judges Mitchel Ostrer, Allison Accurso and Catherine Enright upheld a worker’s compensation court decision that former employee Brian Calmon’s medical cannabis be paid for by Pepsi, relying on the decision on the New Jersey Supreme Court’s recent Hager v. M&K Construction case. In Hager v. M&K Construction, the Supreme Court unanimously said on April 13 that M&K was responsible for former employee ...
Q: Is medical marijuana an expense reimbursable by the employer? A: For New Jersey employers, the answer is likely yes. Weednews reports that as of January 9, New Jersey and 34 other states have legalized marijuana for medical use, although it remains a Schedule 1 controlled substance at the federal level. As a result, patients have had to pay out of pocket for medical marijuana, as insurers contend that covering the cost would violate the federal prohibition on marijuana under the Controlled Substances Act (CSA). Recently however, the New Jersey Supreme Court unanimously affirmed the ruling...
Highlights Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v. M&K Construction, 2021 WL 1380984 (N.J. April 13, 2021), clarified that New Jersey's Jake Honig Compassionate Use Medical Cannabis Act (Honig Act) is not preempted by the federal Controlled Substances Act (CSA), further narrowing the discretion of New Jersey employers to interpret how to comply with conflicting state and federal laws. Employers, especially thos...