Maine Court Strikes A Blow Against Medical Marijuana Users

By Lino Lipinsky and Nikko Stevens (July 10, 2018, 3:36 PM EDT) -- On June 14, 2018, the Maine Supreme Court struck a blow against users of medical marijuana in the state, deciding, by a five-to-two vote, that employers are not required to pay for an employee's medical marijuana under the state's workers' compensation statutes. The court held that the federal Controlled Substances Act preempts the state's medical marijuana law, at least for purposes of workers' compensation benefits. Because marijuana remains illegal under federal law, the court concluded that employers cannot be "required ... to subsidize an employee's acquisition" of cannabis, because, in doing so, they would be "engag[ed] in conduct that meets all of the elements of criminal aiding and abetting as defined in [federal law]."[1]...

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