SCOTUS Looks to the Solicitor General in Deciding Whether Medical Marijuana is Covered by Workers Compensation

Feb 23, 2022

Yesterday, the United States Supreme Court asked the Department of Justice to weigh in on whether federal drug laws supersede state laws that require insurers and employers to cover the costs of insured employees’ medical marijuana. State courts have reached different conclusions on the issue, and now the Supreme Court is asking the solicitor general to provide insight while it considers whether to grant the pending petition for certiorari.

The Supreme Court has consistently declined to take up cases challenging marijuana’s Schedule I status under federal law. However, there are signs that the country’s high court might finally be ready to take up the issue. Last year, when issuing a ruling declining to take up a case related to an IRS investigation into tax deductions taken by a marijuana dispensary, Justice Clarence Thomas said that the federal prohibition on cannabis might no longer be “necessary or proper” given how much latitude states have been allowed to enact their own legalization policies.

As for the current case, it concerns a decision from the Minnesota Supreme Court holding that the plaintiff’s workers compensation claims are invalid because of marijuana’s status as a Schedule I controlled substance. Back in December three groups – Empire State NORML, the New York City Cannabis Industry Association and the Hudson Valley Cannabis Industry Association—submitted amici curiae briefs urging the Supreme Court to hear the case. Consistent with Justice Thomas’s words from last year, the groups argued that the Court must weigh in because of the unsustainable environment created by marijuana’s Schedule I status combined with the federal government’s unwillingness to prosecute state-legal medical marijuana activities.

As the marijuana industry – both recreational and medicinal – continues to grow, we expect that more and more cases will filter up to the Supreme Court as the entire country tries to navigate the patchwork of state laws and their interaction with federal prohibition.

Be sure to follow our blog for more information on developments impacting the cannabis industry. If you have any questions or would like to contact the authors, please email David Standa ([email protected]).

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SCOTUS Looks to the Solicitor General in Deciding Whether Medical Marijuana is Covered by Workers Compensation

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