Higher Law: SCOTUS Seeks Medical Marijuana Workers' Comp Opinion | New Course on Cannabis Insurance Claims | Big Pot's Play for Arizona's Social Equity Program
The U.S. Supreme Court has asked for the solicitor general's opinion on whether federal law preempts state statutes requiring employers to pay for workers' medical marijuana if they're injured on the job.
February 24, 2022 at 03:39 PM
6 minute read
Higher Law
Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento.
This week we're looking at:
- The Supreme Court pinging the solicitor general on two medical marijuana cases.
- Coursework on cannabis and insurance claims.
- Big Pot's involvement in Arizona's social equity program.
- Approval for New York hemp farmers to grow marijuana.
Thanks as always for reading. Have any feedback or story ideas? Drop me a line at [email protected]. You can call me, too, at 916.448.2935. Follow me on Twitter @capitalaccounts.
John Kutner, partner with Weber Gallagher Simpson Stapleton Fires & Newby. Courtesy photo SCOTUS Asks for SG's Views on Medical Marijuana & Workers' Compensation
The U.S. Supreme Court this week asked the solicitor general to weigh in on two petitions centered on the same issue: Does federal prohibition of marijuana preempt state workers compensation laws that require employers to pay for injured workers' medical marijuana?
In Musta v. Mendota Heights Dental Center and Bierbach v. Digger's Polaris—the two cases at hand—the Minnesota Supreme Court said the answer is yes. Maine's Supreme Judicial Court reached the same conclusion in 2018. But high courts in New Hampshire and New Jersey have said no, such state requirements don't conflict with federal law.
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