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

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

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.

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.

PAUL SHANNON @ AMERICAS FREEDOM FIGHTERS 

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