Federal Law Doesn’t Preempt State Cannabis Law
An employee experienced a severe back injury at work. While his workers’ compensation claim was pending he began to treat his injuries with marijuana which was available through New Jersey’s Compassionate Use Medical Marijuana Act (MMA). At trial the employer stipulated the employee experienced a compensable injury, but left the court to consider whether the employee was entitled to reimbursement for costs associated with using medical marijuana. The trial court found the costs reimbursable as related to his work injuries. Deciding as a matter of first impression, the Appellate court ruled an employee’s costs to use medical marijuana to treat his chronic pain caused by an on-the-job injury can be legally reimbursed by his employer despite federal laws against cannabis which do not preempt the MMA.