What You Need to Know About Workers’ Compensation and Medical Marijuana in Pennsylvania

Medical marijuana has provided a preferable alternative to pharmaceutical drugs for a variety of patients in Pennsylvania. The options available to persons who are experiencing chronic pain and a variety of other medical conditions in the United States were, as recently as the late 20th century, limited largely to opioids, muscle relaxers, injections, and a broad range of other drugs and treatments. These pharmaceutical drugs and treatments often have negative side effects and can lead to life-destroying opioid addictions. 

If you have been injured on the job and mandatory drug testing revealed the presence of marijuana in your system, you may encounter difficulty collecting the benefits you need to cover the costs and damages linked to your injuries. Connecting with an experienced workers’ compensation attorney who knows how to navigate the legal complexities surrounding medical marijuana will support the best outcome in your claim. 

While Medical Marijuana is Legal Under PA Law, It Remains Illegal Federally

Medical marijuana is governed by the PA Department of Health, which was signed into state law in 2016 to “provide access to medical marijuana for patients with a serious medical condition.” Despite the fact that a number of states have legalized medical marijuana in addition to variations on recreational markets that resemble alcohol, the Marijuana Policy Project notes that marijuana remains federally illegal. 

Insurance Companies May Reduce or Deny Claims Based on Violation of Federal Law

Insurance companies may refer to federal legislation when attempting to deny or reduce the claims of injured persons who are found to be using federally illegal substances that may have led to them being “intoxicated” when the injury happened. 

THC Lingers in the Body After the Intoxicating Effect Has Subsided

While medical marijuana might provide patients with legal treatment options, it is also important to understand that THC is different from alcohol in terms of measuring active levels in the body. While a blood or breath test can determine if an individual is chemically intoxicated by alcohol and a variety of other substances, marijuana lingers in the system for days or even weeks after the intoxicating effect has subsided. To collect on your workers’ compensation claim, it is essential to prove that you were not intoxicated by medical cannabis at the time of the accident. Working with an attorney familiar with navigating this complex process successfully can be extremely helpful for your claim. 

Discuss Your Workers’ Compensation Case with an Experienced Lawyer

To learn how an experienced local attorney from Vanasse Law can help you navigate the complex interrelationship between workers’ compensation claims and medical marijuana use, visit our site to schedule your free initial consultation. We’ll go over the important information about your accident and injury and determine what your case might be worth and how we can help if it’s a claim that fits with our focused and dedicated firm.