Shutterstock Federal Government's Position Was Missed in Medical Marijuana Case
The United States did not appear as amicus curiae. In its absence, unfortunately, the court's conclusion about how the federal authorities would apply the Controlled Substances Act in this situation is not conclusive.
May 03, 2021 at 12:51 PM
2 minute read
Editorials
In Hager v. M & K Construction, our Supreme Court considered for the first time legal issues arising out of the Jake Honig Compassionate Use Medical Cannabis Act. Hager was injured on the job, and his doctor prescribed medical cannabis for pain management as a superior alternative to opioids. Employer M&K objected to paying for it on several statutory grounds under both the Honig Act and the Workers Compensation Act. A unanimous court held, based on plain statutory language, that workers compensation payments did not fall within the Honig Act's provision exempting either private or government health insurers from paying for medical cannabis. It also held, based on medical testimony, that cannabis was a "reasonable and necessary" medical treatment under the Workers Compensation Act for chronic pain from Hager's injury, indeed that the risks were less than opioids.
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