NEW MEXICO COURTS TWICE RULE WORKERS COMP TO PAY FOR MARIJUANA

timthumb

Medical marijuana has had two court rulings in their state courts of appeals that says that Workers’ Comp insurance. The employee, Gregory Vialpando, had suffered spinal damage at work and the surgeries had failed. His doctor had had the man enroll into the New Mexico Department of Health’s Medical Cannabis Program after the failure of prescription narcotics.

The uniqueness of the ruling

take our poll - story continues below

Whom do you consider to be the most corrupt Democrat Politician?

  • Whom do you consider to be the most corrupt Democrat Politician?  

  • This field is for validation purposes and should be left unchanged.
Completing this poll grants you access to AFF updates free of charge. You may opt out at anytime. You also agree to this site's Privacy Policy and Terms of Use.

Two pro-medical marijuana groups have spoken out about how the ruling is unique.

ADVERTISEMENT - STORY CONTINUES BELOW

Per Reuters, a Drug Policy Alliance member spoke on the first ruling in May.

Tamar Todd, a staff attorney with the Drug Policy Alliance, said she had not heard of a similar ruling as this decision by the New Mexico Court of Appeals. “It might be fairly unique,” she said.

Safe Access Now, on their website, also had a say.

While this case is about one patient, one state, and a workers comp claim, the precedent may still be far reaching. Recognition that state programs are operating in harmony with federal enforcement guidelines, as ASA’s analysis of the Cole Memo revealed, can be the basis for expanding patient rights.

ADVERTISEMENT - STORY CONTINUES BELOW

Insurance companies have been hiding behind federal prohibition at the expense of patients. The cost of medical cannabis is an issue for many patients. The sicker or more seriously injured you are, the more you are likely to end up spending, and the less likely you are to be able to afford it. (That’s why allowing personal cultivation is a critical part of any compassionate regulatory program.) And it’s why so many patients would like their health insurance to cover it.

The legal battle ahead

The move to legalize marijuana has defenders and detractors. What this does is force companies to pay for something that they may be against, via Workers’ Comp insurance. The ruling is only in the state of New Mexico, but will make it to the federal courts eventually.

The argument will come down to whether marijuana is a medical necessity. That will mean the reams of paper that has been used for studies will be brought in as evidence. It will turn into a battle that will take years of cases that will be as much political as legal.

ADVERTISEMENT - STORY CONTINUES BELOW

PAUL SHANNON @ AMERICAS FREEDOM FIGHTERS 

LIKE US ON FACEBOOK AND TWITTER!

PLEASE SHARE OUR ARTICLES ON ALL SOCIAL MEDIA AND GO TO OUR HOMEPAGE FOR MORE REAL NEWS FOR REAL PATRIOTS! 

http://americasff.wpengine.com

Facebook Has Banned Us!

The leftists at Facebook decided they didn’t like our message, so they removed our page and are censoring us. Help us fight back and subscribe to our newsletter so that you can stay up-to-date with everything Facebook doesn’t want you to see!


Facebook Comments