The past few years have seen a myriad of changes for marijuana across the country. While some states have fully legalized the substance, others have mixed legal status with varying applications of decriminalization, stipulations for medical use, or limitations such as CBD only. The United States Drug Enforcement Administration (DEA) classifies marijuana as a Schedule I drug, making it illegal at the federal level. As state and national laws evolve to reflect growing cultural shifts, so too do other sectors of the law that are indirectly impacted. 

In Georgia, marijuana holds mixed legalization. The drug is decriminalized within certain cities, such as the capital city of Atlanta, but remains illegal across the rest of the state. CBD oils are legal for medicinal use only. What does this mean for workers’ compensation? 

The short answer: it’s complicated. Because the substance is illegal at the federal level, but conditionally permitted at certain local levels, provisions vary from state to state. The potential impacts on workers’ compensation claims and cases include: 1.) allowance for medical marijuana usage in the treatment of work-related injury; 2.) reimbursement for medical marijuana treatment; 3.) initial hiring and compensability for workers engaging in recreational use; 4.) continuous employment for users.

First, can providers prescribe medical marijuana to injured workers for pain management? In Georgia, no—only CBD oils are permitted. 

Second, should workers’ compensation insurance cover the cost of medical marijuana? According to the American Academy of Actuaries: “As of October 2021, six states (CT, MN, NH, NJ, NM, NY) explicitly allow for workers’ compensation insurance reimbursement for an injured worker’s medical marijuana use either under a court or administrative ruling or pursuant to an administrative rule. Another six states (ME, MA, FL, ND, OH, WA) expressly prohibit workers’ compensation reimbursement for an injured worker’s medical marijuana use. In addition, 14 states (AZ, AR, CA, CO, DE, IL, LA, MI, MO, NV, OR, PA, UT, VT) explicitly provide, either through statute, court decision, or administrative ruling, that insurance carriers cannot be required to reimburse for an employee’s medical marijuana use, leaving the possibility that such reimbursement might be provided voluntarily in some cases.” In Georgia, reimbursement is not relevant since medical marijuana is not legal.

Next, if medical marijuana is permitted and prescribed by the treating physician, how does this impact initial hirings and drug-free workplaces? The nature of work environments and job responsibilities may require employers to act when workers use medical marijuana, even when the drug is used in accordance with doctor recommendations. Federal agencies, federal grantees, federal contracts exceeding $100,000, safety-sensitive industries like oil and gas, transportation, and education are mandated to remain drug-free workplaces.

Finally, what control measures are enforceable in the workplace when medical marijuana use is permitted by a physician? Employers face a difficult predicament in enabling conditional usage while prohibiting work impact. Unlike alcohol which can be reliably measured within a person’s body via blood alcohol content, marijuana stays in a user’s system for some time nullifying the accuracy of drug tests when testing for on-the-job impairment. The nature of marijuana threatens employer control in maintaining secure workplace environments. Because of this and other considerations above, it is unlikely we will see any major changes to marijuana provisions within workers’ compensation laws soon.

In Georgia, we still have a long way to go before marijuana impacts workers’ compensation. As other states adopt provisions allowing for marijuana use in the treatment of workplace injury, Poirier Law Firm will continue to stay up-to-date on the latest developments and their potential to introduce and guide future rule changes at home.