The Maine supreme court has that ruled employers aren’t required to cover medical marijuana through the state workers’ compensation system. The 5-2 decision disappointed many worker advocates who had been following the case closely. Justices ruled that in a conflict between federal law considering marijuana a dangerous and addictive substance and Maine’s state medical marijuana law, the federal law takes precedence.
This means that people injured on-the-job in Maine are going to need to either accept an alternative medication for their treatment or else pay for their medical marijuana out-of-pocket. Injured workers should be mindful, though, because the federal precedent also allows employers to take employment action against workers who use marijuana, even with a prescription. While this is troubling in itself, employees accepting workers’ compensation may need to be especially cautious, given that as a whole, they are more likely to be targeted for retaliation from employers for reporting work injuries, seeking treatment for on-the-job accidents or reporting job site safety violations. Continue reading