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Court Favors New Mexico Worker in Medical Marijuana Case

Court Favors New Mexico Worker in Medical Marijuana Case

The New Mexico Court of Appeals has ruled in favor of a medical marijuana patient that was injured on the job, stating that the employer must reimburse the patient for the expense of marijuana used for treatment. This is the third time since 2014 that the court has sided with a medical marijuana patient in a workers’ compensation claim.

Appellate Judge James Wechsler of the New Mexico Court of Appeals wrote that a workers’ compensation judge was correct in ruling that the employer, which owns several radio stations in New Mexico, had to reimburse the employee. The company argued that the state’s medical marijuana law created a conflict with federal law that prohibits all use of marijuana, and they should have to pay for the treatment.

Wechsler pointed to a 2013 U.S. Department of Justice memo that says when it comes to medical marijuana, the federal government would generally defer to state and local authorities.