Medical marijuana could soon be covered under workers comp in N.J.
State lawmakers took steps on two bills Thursday that could bring protections for companies that insure cannabis-related companies in the Garden State and also allow those on workers’ compensation to have their medical weed covered.
The state Assembly committee on financial institutions advanced the two bills, but the state Senate has yet to take up either.
The first (A377) protects insurance companies and their employees from retaliation by state or local government if they engage with marijuana-related businesses. The bill cleared committee 11-1 with one abstention.
The bill would not require insurance companies to take on cannabis-related clients.
“As we move forward addressing marijuana as a medicine and holding up industries, we have to put in place, first protections for our residents, but also protections for professional businesses that participate in the industry,” said Assemblyman Joe Danielsen, D-Somerset, who sponsored the bill.
Marijuana remains a federally illegal schedule 1 drug, even though states like New Jersey have legalized it for medical use. The contradicting federal and state laws have left banks and insurers wary of doing business with any pot-associated company.
The Secure and Fair Enforcement, (SAFE) Banking Act passed the U.S. House in the fall, but has stalled in the Senate. It includes a provision sought by U.S. Sen. Robert Menendez, D-N.J., that would allow companies to seek insurance.
If passed, the proposed state law would not supersede federal regulations, meaning insurers could see federal actions against them. But federal officials have largely left state medical and legalized marijuana programs around the country untouched.
The other measure (A1708) would require workers’ compensation and personal injury protection to cover costs associated with medical marijuana in certain circumstances. The patient must have tried at least one other type of treatment and found it to be unsuccessful before turning to marijuana.
That bill does not make Medicare or private insurers responsible for funding medical marijuana. The committee voted 9-4 to advance it.
Just last month, the state Appellate Division ruled that a construction company must pay the monthly $616 a former employee injured on the job spends on medicinal pot.
The man, who was injured 19 years ago when a truck dumped cement on him, had tried numerous other treatments, including opioids, on which he became dependent. The ruling noted how marijuana have proved the best treatment for the man’s ongoing pain.
“Petitioner has demonstrated the severity and chronic nature of his pain, his attempts to unsuccessfully alleviate the pain with multiple surgeries and medical modalities, and the validated efficacy of the prescribed medical marijuana, we find the use of medical marijuana is reasonable and necessary," the court wrote.
But for insurance companies, the contrasting laws make them wary of the two bills.
“Before moving forward, we really would like to see Congress resolve that conflict between state and federal law,” Alison Cooper, vice president for state affairs of the American Property Casualty Insurance Association, told the committee.
She also said she would like to see more scientific research backing the health benefits of cannabis, but several lawmakers said they had confidence in the program’s effectiveness.
“I feel very strongly that we have gone in the right direction in New Jersey with medical marijuana,” said Assemblywoman Joann Downey, D-Ocean. “I think you’re pretty safe in terms of being able to go ahead and cover these things.”
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