The interplay between medical cannabis and workers' compensation in Florida presents a unique and evolving legal landscape. As medical cannabis gains acceptance for its therapeutic benefits, its role within the realms of employment and workers' compensation becomes increasingly significant. In Florida, where medical cannabis is legal, the question arises: Does workers' compensation insurance cover medical cannabis expenses for work-related injuries or illnesses?

The Legal Status of Medical Cannabis in Florida

Did you know Florida was the first U.S. state in the South to legalize medical marijuana for treating health conditions like chronic pain, epilepsy, and multiple sclerosis symptoms? Known as the Compassionate Medical Cannabis Act of 2014, later expanded in 2016, it permits the use of medical cannabis for various medical conditions.

Despite its legal status at the state level, the “U.S. Drug Enforcement Administration (‘DEA’) classifies cannabis as a Schedule I controlled substance, making it illegal at the federal level,” stated in the American Academy of Actuaries’ Issue Brief, “Navigating Workers’ Compensation and Medical Marijuana.” This dichotomy creates a significant legal gray area, especially regarding workers' compensation claims.

An article published in the National Library of Medicine states, “While there are over 200,000 medical marijuana patients in Florida, there remain financial…insurance coverage barriers which reduce access for many patients.” The conflict between federal and state law is a hurdle to including medical cannabis in workers' compensation coverage. While state law permits its use, federal law prohibits the use of federal funds, including those for workers' compensation, for cannabis-related expenses.

Case Study: Patrick Jones v. Grace Healthcare

On June 18, 2001, Patrick Jones injured his lower back in a work-related accident. For the next 16 years, he treated his chronic pain with oral pain medications; these, in turn, had adverse side effects. He sought to switch to medical marijuana, but his request for a referral to a qualified doctor for a medical marijuana evaluation was denied by his employer, Grace Healthcare, who covered his initial workers’ compensation medical expenses.

In the ensuing legal battle, the judge acknowledged the medical necessity of cannabis for Jones but ultimately denied his claim due to the constraints of state law and potential federal legal implications. This case highlights the current legal environment surrounding medical cannabis and workers' compensation in Florida.

Future Considerations

The discussion about including medical cannabis in workers' compensation is ongoing. The reason is that research on marijuana is fairly limited. Additionally, there's resistance from some workers' compensation insurance providers, citing the lack of explicit state regulations and federal law.

Legal precedents in Florida, where workers' compensation judges have sometimes ruled in favor of including medical cannabis expenses in claims, suggest the possibility of future changes in the law. Just last year, a bill (H.R.84542) was signed into law, opening the door for research on medical marijuana. See Navigating Workers’ Compensation and Medical Marijuana for the full brief.

As of now, the primary challenge lies in the federal-state law conflict. As Florida's laws evolve, the inclusion of medical cannabis may be addressed in future legislative updates.

Carrillo Injury Law can provide the guidance and support you need if you are navigating the complex terrain of a workers’ compensation claim. Our team of experienced lawyers specializes in Florida workers' compensation and personal injury law, ensuring you receive the benefits and representation you deserve.

For any questions or to schedule a consultation, contact us at office@carrilloinjurylaw.com or 352.371.4000.

Sources

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6936729

https://1dca.flcourts.gov/content/download/753800/opinion/191684_DC05_06302021_140037_i.pdf

https://www.actuary.org/sites/default/files/2023-04/IB.MMJ_.4.26.23.pdf