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

Cannabis Blog Feb 23, 2022 Chicago, IL

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]).

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Previous Next

Cannabis Blog

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

Share

News & Events

News & Events