Nm: Worker Backed In Medical Pot Case‏

[+Malamute]

Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Fri, 10 Jul 2015
Source: Albuquerque Journal (NM)
Copyright: 2015 Albuquerque Journal
Contact: opinion@abqjournal.com
Website: http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10

WORKER BACKED IN MEDICAL POT CASE

SANTA FE - The New Mexico Court of Appeals has ruled in favor of an
injured worker in a medical marijuana case.

The recent decision marks the third time in a year the court has
sided with a medical marijuana patient in a workers' compensation claim.

According to the ruling issued in late June, a patient in the medical
marijuana program who is injured on the job must be reimbursed by an
employer for the expense of marijuana used for treatment.

Appellate Judge James Wechsler wrote that a workers' compensation
judge was correct in ruling that American General Media, which owns
several radio stations in New Mexico, had to reimburse Sandra Lewis
of Albuquerque.

The company had argued that the state's medical marijuana law created
a conflict with federal law.

[+Malamute]

NM Court of Appeals reaffirms that medical marijuana is covered by workers’ compensation

 

 

Last year, in Vialpando v. Ben’s Automotive Services, the Court of Appeals upheld the validity of a workers’ compensation award directing an employer and insurer to reimburse a worker for the cost of medical marijuana used to relieve pain. (You can see my coverage of that case here).

On Friday, in Lewis v. American General Media, the Court of Appeals reaffirmed that employers and insurers must reimburse the cost of medical marijuana, again rejecting an argument that the admitted conflict between the federal Controlled Substances Act (which prohibits possession or use of marijuana) and New Mexico law makes the order unlawful.

The Court, in an opinion by Judge Wechsler, relied on recent policy statements from the Department of Justice, which indicate some willingness to allow the States to set their own marijuana policies, and a congressional prohibition on using federal funds to prevent states like New Meixco “from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana,” as showing that federal policy is “ambiguous,” whereas New Mexico’s policy favoring the availability of medical marijuana is clear.