Harrisburg, PA: Costs associated with purchasing commercially available CBD-infused oil products are eligible for reimbursement under the state’s worker compensation laws, according to a ruling by the Pennsylvania Supreme Court.
Judges determined that the products meet the definition of “medicines and supplies” under the state’s workplace compensation act.
They acknowledged that products do not have to be regulated by the US Food and Drug Administration to be eligible for reimbursement. “Any item that is part of a health care provider’s treatment plan falls within the purview of the broad-encompassing phrase ‘medicines and supplies’ as provided in Section 306(f.1)(1)(i) of the WCA [workers’ compensation act],” judges affirmed.
In 2023, a Pennsylvania appellate court similarly ruled that out-of-pocket expenses related to the use of medical cannabis are also eligible for reimbursement under the state’s worker compensation law.
Connecticut, New Hampshire, New Jersey, New Mexico, and New York explicitly allow for employees to have their medical cannabis expenses reimbursed. By contrast, seven states prohibit workers’ compensation insurance from reimbursing medical marijuana-related costs: Maine, Massachusetts, Minnesota, Florida, North Dakota, Ohio, and Washington. Other states are silent on the issue.
In 2022, justices on the US Supreme Court declined to weigh in on the issue of whether employees can be reimbursed for their medical marijuana-related expenses.
NORML’s Deputy Director Paul Armentano has advocated for clarity on the issue, opining: “Most patients, most physicians, and most state laws view cannabis as a legitimate therapeutic option. Therefore, the millions of Americans who rely upon medical cannabis products ought to be afforded the same entitlements as those who use other conventional medications and therapies. Those privileges should include insurance-provided reimbursement for medical cannabis treatment.”
The case is Mark Schmidt v. Schmidt, Kirifides, Rassias and Rio.