Medical Marijuana and Minnesota Work Comp

Is Medical Marijuana covered under Minnesota work comp? The answer is, “no.” In the recent court decision Musta v Mendota Heights Dental Center (2021) the Minnesota Supreme Court ruled that medical cannabis is not covered in MN because it violates the federal Controlled Substances Act.

So what is an injured worker to do if they’ve been recommended for medical cannabis for their work injury? Well, one option is to inquire with the work comp insurer and see if they are interested in settling future claims for medical cannabis. Why would an insurer do this? Because if medical cannabis law changes at the federal level in the future, which very well might be case, the work comp insurer will be responsible to pay for medical cannabis at that point. In my experience, some work comp insurers are willing to pay a few thousand dollars to eliminate the potential future risk of paying a lot more for cannabis in the future.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.