The HR Brief: Medical Marijuana & Workers’ Comp Coverage

We understand the challenges employers face in balancing safety, compliance, and employee healthcare needs—especially with the complexities surrounding medical marijuana and workers’ compensation claims.

The Legal Dilemma

Marijuana remains illegal under federal law, but medical marijuana is legal in Louisiana. This creates a gray area for employers and insurance carriers:

• An employee might use medical marijuana legitimately under state law.
• If that employee is injured on the job and tests positive for marijuana, workers’ compensation carriers may decline the claim, citing federal illegality.

Until these conflicts are clarified in court, employers are left navigating a delicate and uncertain situation.

Proactive Steps for Employers

Rather than waiting for legal battles to arise, employers should focus on proactive strategies to address substance use and workplace safety:

1. Update Workplace Policies: Clearly outline policies regarding drug use, testing, and workers’ compensation coverage in your employee handbook. Address both federal and state legal considerations.
2. Implement Drug-Free Workplace Programs: Foster a safe and substance-free environment through regular training, communication, and clear expectations.
3. Be Sensitive to Healthcare Needs: While maintaining safety, employers should acknowledge legitimate healthcare needs and provide accommodations when possible. This might involve consulting legal or HR professionals to create policies that balance these priorities.

Why This Matters

A workers’ compensation claim involving medical marijuana can lead to legal battles, bad publicity, and morale issues. By preparing now, you can minimize risks and ensure your workplace is both safe and supportive.

At Next Level Solutions, we’re here to help you navigate complex employment issues like this one. From creating policies to advising on compliance, we’ll help you protect your business and your employees. Contact us today to learn more.