August 18, 2022


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U.S. Supreme Court Rejects Cases Seeking Workers’ Comp For

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The U.S. Supreme Court docket declined to hear two instances challenging Minnesota’s denial of&#13
workers’ compensation for professional medical marijuana employed to handle&#13
get the job done-relevant accidents.

Two Minnesota staff, Susan Musta, who endured a neck injury&#13
when operating as a dental hygienist and Daniel Bierbach, who was&#13
hurt at his work functioning for an all-terrain car or truck business, had been&#13
certified as qualified to participate in Minnesota’s clinical&#13
cannabis software and started applying health care cannabis to handle their&#13
soreness. They requested reimbursement for the cost of that cure&#13
from their companies pursuant to Minn. Stat. § 176.135, subd. 1 (2020), a&#13
Minnesota state legislation that calls for businesses to furnish healthcare&#13
treatment as could fairly be necessary to take care of a perform-linked&#13

Their respective businesses opposed the requests for&#13
reimbursement, arguing that paying for an individual to possess cannabis&#13
is prohibited by federal law, precisely the federal Controlled&#13
Substances Act, 21 U.S.C. §§ 801-971 (“CSA”).&#13
Musta and Bierbach argued that, for the reason that employers are not essential&#13
to possess, manufacture or distribute hashish in contravention of&#13
federal law, basically providing workers’ compensation for&#13
cannabis is not preempted by the CSA.

Their conditions built their way to the Minnesota Supreme Courtroom and&#13
offered the pursuing dilemma: Does the CSA preempt an order&#13
below a state workers’ payment legislation requiring an employer&#13
to reimburse an wounded employee for the value of healthcare&#13
? In both instances, the Minnesota Supreme Court docket explained&#13
indeed, selecting that businesses have been not obligated to fork out for medical&#13
marijuana treatment method. Musta and Bierbach appealed the determination to&#13
the U.S. Supreme Courtroom.

The U.S. Supreme Courtroom invited the U.S. Division of Justice&#13
(“DOJ”) to file a temporary right before making a conclusion. The DOJ&#13
agreed with the Minnesota Supreme Court docket that the CSA preempts point out&#13
legislation and proposed that the court docket not consider up the pair of cases.&#13
It wrote, “the Legislative and Government Branches of the&#13
federal governing administration are most effective situated to consider any potential&#13
personalized measures to tackle particular instances of conversation&#13
amongst federal and point out marijuana rules.”

The U.S. Supreme Court denied Musta and Bierbach’s writs of&#13
certiorari, indicating that much less than 4 justices thought the&#13
legal issues warranted the court’s thought. By&#13
rejecting their conditions, the U.S. Supreme Court docket has picked not to&#13
weigh in on the viability of a workers’ payment claim for&#13
medical cannabis protection, nor has it taken the chance to&#13
near the gap amongst state and federal marijuana coverage.

Disclaimer: This Notify has been&#13
prepared and printed for informational purposes only and is not&#13
provided, nor should be construed, as lawful information. For a lot more&#13
details, please see the firm’s
comprehensive disclaimer.

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