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New Hampshire: High Court Rules Medical Cannabis Costs Reimbursable

Thursday, 14 March 2019

New Hampshire: Medical Cannabis

Concord, NH: Costs specific to the state sanctioned use of medical cannabis may be eligible to reimbursement under workers' compensation laws, according to a ruling by the Supreme Court of New Hampshire.

Justices ruled that the state Compensation Appeals Board erred in denying a reimbursement claim solely on the basis that cannabis is federally illegal. The Court failed to find any evidence to support the Board's claim that reimbursing the employer for the payment of medical marijuana would be "in express violation" of federal law.

"Because the board's order fails to sufficiently articulate the law that supports the board's legal conclusion and fails to provide an adequate explanation of its reasoning regarding federal law, it is impossible for us to discern the basis for the board's decision sufficient for us to conduct meaningful review," the Court opined. "Accordingly, we remand to the board for a determination of these issues."

The Associated Press reports that at least five states -- Connecticut, Maine, Minnesota, New Jersey and New Mexico -- have determined that medical marijuana treatment is reimbursable under their workers' compensation laws.

The Court's opinion is online here.

For more information, contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500.