Physician prescribed medical marijuana for pain relief is covered under the bylaws of workers’ compensation, according to the latest ruling from the New Mexico Court of Appeals.
Although cannabis is still considered an illegal substance by the powers of the federal government, the court handed down a verdict earlier this week mandating that Gregory Vialpando, who recently sustained a devastating back injury while at work, should be reimbursed for the medical marijuana he used for pain following a botched spinal surgery.
The ruling finds that Vialpando’s use of medical marijuana under the recommendation of a physician qualifies as reasonable and necessary treatment consistent with the regulations spelled out under the New Mexico Workers’ Compensation Act.
Interestingly, Vialpando’s employer and insurance provider argued that medical marijuana should receive the same consideration as prescription drugs, which are distributed by federally licensed pharmacies, not pot dispensaries. For this reason, the defendants did not believe they should be responsible for reimbursing the plaintiff.
Yet, the court destroyed this notion by saying, “Medical marijuana is not a prescription drug,” but if that were the case, “our analysis would lead to the same conclusion,” the court wrote. “Indeed, medical marijuana is a controlled substance and is a drug. Instead of a written order from a health care provider, it requires the functional equivalent of a prescription – certification to the program. Although it is not dispensed by a licensed pharmacist or health care provider, it is dispensed by a licensed producer through a program authorized by the Department of Health.”
There was a last ditch argument on behalf of Vialpando’s employer and insurer that reimbursement of funds for medical marijuana would implicate them as criminals in the eyes of the federal government. However, the court said the dispute was unreasonable.
“Although not dispositive, we note that the Department of Justice has recently offered what we view as equivocal statements about state laws allowing marijuana use for medical and even recreational purposes.”
The Cannabis Lobby Is Upping Its Presence In Washington DC
Terminally Ill Patients in Australian Hospital to be Treated with Psilocybin
Unlicensed Marijuana Dispensaries in Michigan May Continue to Operate Due To Shortage
Prosecutors in Nebraska Will Dismiss Case Against CBD Store Owners
Laws7 days ago
Vermont Supreme Court Rules Marijuana Smell is Not Grounds for Search
Health5 days ago
Medical Marijuana Recalled From Two Michigan Dispensaries Due to Failed Lab Tests
News6 days ago
Alexandria Ocasio-Cortez Brings Former Marijuana Policy Project Director to Her Staff
People5 days ago
Antonio Bascaro: Father. War Hero. Longest Living Pot Prisoner
Legalization6 days ago
Rep. Earl Blumenauer Introduces Bill to Regulate Cannabis Like Alcohol
News7 days ago
Report: Illicit Pot is Almost 50 Percent Cheaper Than That Bought Legally in Canada
Medical Marijuana5 days ago
NJ Doctor Suspended for Recommending Medical Marijuana to Thousands of Patients
Sponsored6 days ago
What are the Best Strains from Humboldt to Grow Outdoors?