Workers’ Comp And Medical Marijuana

Medical marijuana is one of the hottest topics in the field of workers’ compensation in Colorado. Below, we address three of the most commonly asked questions about this issue.


Does Workers’ Comp Pay For Medical Marijuana In Colorado?

Workers’ compensation in Colorado does not currently cover medical marijuana.

Can Marijuana Use Affect Workers’ Comp Eligibility?

If your work injury occurred while you were under the influence of marijuana, you may suffer a 50 percent reduction in your workers’ compensation benefits. Though there is an exception to this penalty for prescribed medications, medical marijuana is still illegal at the federal level. Therefore, the exception may not apply even if your marijuana was recommended by your doctor.

Will Marijuana-Related Workers’ Comp Laws In Colorado Change?

Will Colorado ever get to a point where it handles medical marijuana in the same way as states like New Mexico, where medical pot is covered by workers’ comp? Phrased differently, will marijuana be a workers’ comp benefit in the future?

Due to the current political climate, it is impossible to tell. The laws around medical marijuana and marijuana use in Colorado are relatively new and still evolving at a rapid pace. The first marijuana stores opened in Colorado as of January 2014, so this is still a young area of the law. Along with this youth comes a fair amount of uncertainty around how the law will change going forward. Depending on how the state legislature is composed at the time the next marijuana-related legislation is passed, the regulations in place could become either more accepting or more restrictive.

Further complicating the issue is that, when with these significant changes to the state law, the federal law regarding marijuana remains the same.


More Questions About Marijuana And Workers’ Comp Benefits?

Still have more questions about marijuana and work injuries? We can give you the answers you need.

At the Eley Law Firm in Denver, we are focused on the rights of injured workers in Colorado. We only represent injured workers. Coupled with our extensive experience, this knowledge provides us with the skill and resources to assist clients with all types of workers’ compensation issues, including those involving medical marijuana.

With more than 30 years of experience, lawyer Cliff Eley can guide you through your options, explain your rights and help protect your interests after a work injury.

Contact the Eley Law Firm online or call 303-785-2828 for a free case evaluation with a workers’ compensation attorney. We look forward to hearing from you and helping with your marijuana and workers’ compensation benefits case.


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