Many injured employees believe that because marijuana is legal in their state, it means that the employer and insurer will have to pay for it. This is not correct.  The Controlled Substance Act is a federal law that prohibits the use of marijuana as a scheduled I controlled substance. Therefore, the question that needs to be decided is whether the federal law that prohibits the sale of marijuana preempts the state law that requires an employer to provide an injured employee with medical treatment. Does the Workers’ Compensation Commission have the jurisdiction to even decide this issue? This article will discuss how various jurisdictions have dealt with these issues and to provide the reader with the information necessary to handle these cases in their jurisdiction.

The U.S. Supreme Court has yet to grant writ of certiorari to any case submitted for review regarding the issue of whether an employer and its insurer are required to pay for marijuana in workers’ compensation cases.