Colorado law is clear: no reimbursement for medical use of marijuana Email

The Colorado Supreme Court opinion in June regarding Coats v. DISH Network LLC reinforced employers’ rights regarding zero-tolerance drug policies. That decision helped clarify rules regarding marijuana use by employees. 

However, a recent case in New Mexico found that an employer is required to reimburse an employee for medical marijuana deemed “reasonable and necessary” to treat a work-related injury. This leaves some employers wondering if such a case could be brought up in their own business.

Similar cases will likely not be an issue in our state. Colorado’s medical marijuana code clearly states that “no governmental, private, or any other health insurance provider shall be required to be liable for any claim for reimbursement for the medical use of marijuana.” It also states that “nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place” [Col. Const., Art. XVIII § 14 (10)(a)]. 

This code, along with the Coats v. DISH opinion, make the current rules quite clear that medical marijuana, even if prescribed for an injury covered by worker’s compensation, does not fall under the claim.

Previously on the LAB:
Judges' opinion on Coats v. DISH means employers may keep zero-tolerance policies

 
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