Blog Posts

ALJ Holds that Employer’s Worker’s Compensation Carrier Must Pay for Employee’s Medical Marijuana

02/14/2017

On ­­January 18, 2010, New Jersey became the 14th state to enact legislation permitting the sale of medical marijuana.  (To read more about the New Jersey medical marijuana law, please see our blog post here.)  Compared to other state medical marijuana laws, the New Jersey medical marijuana program is considered restrictive, and only permits a small set of patients with “qualifying conditions” to be prescribed marijuana.[1]  Further, medical marijuana in New Jersey is amongst the most expensive in the nation with the price of an ounce of marijuana ranging from $425 to $520, not counting the 7% state sales tax.  As with other states, when medical marijuana was introduced in New Jersey, New Jersey employers became fearful of the law’s effect on the workforce. However, an ALJ decision from last month gives new reason for employers, and their worker’s compensation carriers, to be fearful.

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