Mass. High Court Says Pot Patients Cannot Get Reimbursed

Law360 (October 27, 2020, 8:50 PM EDT) -- The Massachusetts Supreme Judicial Court dealt a blow to the state's cannabis patients on Tuesday, ruling that insurance companies and other parties cannot be compelled to reimburse injured employees for their medical marijuana use.

The high court found that Massachusetts' medical cannabis statute created an individual right for patients to use marijuana, but specifically excluded any reimbursement requirements so as not to implicate third parties who would rather not deal in a federally controlled substance.

"Unlike the patients and doctors covered by the [medical cannabis] act, insurance companies would not be participating in the patient's use of a federally proscribed substance...

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