The U.S. Supreme Court has been asked to address whether federal drug law that criminalizes possession of marijuana invalidates state orders requiring employers and their workers’ compensation insurers to pay for medical marijuana prescriptions for employees injured on the job.
However, before it fully takes on the question, the high court has asked the Solicitor General, who represents the federal government before the high court, for guidance in light of the Supremacy Clause of the U.S. Constitution that gives federal statutes primacy over state laws.
Five state supreme courts have addressed whether the reimbursement of medical marijuana costs is permissible, with two ruling yes and three ruling no. The Supreme Court is being asked to resolve this split in authority. Under the federal Controlled Substances Act (CSA), the manufacture, distribution, or possession of marijuana is a criminal offense, with the exception of when the drug is part of a Food and Drug Administration research study.
The Supreme Court’s involvement is related to two cases from Minnesota — Bierbach v Diggers Polaris and State Auto/ United Fire & Casualty and Musta v. Mendota Heights Dental Center and — in which injured employees challenged their employers and their insurers for refusing to reimburse them for their medical marijuana prescriptions.
Musta suffered a neck injury in her work at a medical facility while Bierbach was injured in an accident while working for an all-terrain vehicle dealer.
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