NH High Court Says Insurers Must Cover Workers' Medical Pot

Law360 (March 4, 2021, 7:18 PM EST) -- New Hampshire's state workers' compensation insurers must reimburse eligible patients for their prescribed medicinal marijuana treatments, the state's Supreme Court ruled this week.

Associate Justice Gary Hicks' published opinion reverses a decision by the New Hampshire state Compensation Appeals Board that said reimbursing registered participants in the state's medical marijuana program would expose private insurers to federal criminal liability for aiding and abetting banned drug use.

"The [Controlled Substances Act] does not make it illegal for an insurer to reimburse an employee for his or her purchase of medical marijuana," the opinion says. "Moreover, [an order] to reimburse does not interfere...

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