Medical Pot Insurers Face Prosecution Risk, Mass. Court Says

Law360 (May 5, 2020, 4:44 PM EDT) -- Forcing insurers to cover injured workers for medical marijuana treatment could theoretically open up businesses to criminal prosecution because the substance is illegal at the federal level, justices on Massachusetts' top appellate court said in a hearing Tuesday.

During oral arguments held by teleconference, several of the justices of the Supreme Judicial Court said the chances of prosecution, however remote, might be enough to uphold a decision by the state's Department of Industrial Accidents that said requiring Central Mutual Insurance Co. to pay for an employee's medical marijuana would violate the federal Controlled Substances Act.

Associate Justice Frank M. Gaziano, questioning a lawyer...

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