Maine Supreme Court: Workers’ Comp Doesn’t Cover Medical Marijuana

PORTLAND, Maine (AP) — The Maine supreme court says employers don’t have to pay for medical marijuana under the state workers’ compensation system.

In a 5-2 decision, the court ruled Thursday, June 13, 2018, that federal law takes precedence in a conflict between the federal Controlled Substances Act and the state medical marijuana law.

The case focused on whether a paper mill must pay for medical marijuana for a worker who was hurt on the job.

Gaetan Bourgoin, of Madawaska, won a ruling from the Workers’ Compensation Board, and contends marijuana is cheaper and safer than narcotics. His case dates to 1989, when he hurt his back.

But Twin Rivers argued that a “private health insurer” shouldn’t be required to cover the cost of medical marijuana and that doing so put it in violation of federal law.

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