Legal requirements for medical marijuana in workers’ comp
The New York courts have specified that for medical marijuana to be included in the medical treatment under workers’ compensation, a variance must be obtained. This is akin to getting a special permit before starting construction work in the city. The prescribing physician must complete an MG-2 variance form to request this permission. This form is a critical first step and can be accessed online: MG-2 Variance Form.
Importance of timing in treatment
The timing of when medical marijuana treatment begins is crucial in the eyes of the law. The court has indicated a clear distinction between using medical marijuana before receiving the board’s variance and after. They have noted that variance requests are generally rejected if the claimant begins treatment with medical marijuana before submitting the variance form. However, they have made exceptions, particularly if the early use of medical marijuana significantly reduces pain and decreases reliance on opioids.
Recognition of medicinal value
The courts have acknowledged the medicinal benefits of marijuana, especially its efficacy in treating chronic pain and reducing dependence on opioids. This recognition is important—it’s like acknowledging that a new building method is innovative, effective, and safe. The court’s acknowledgment underlines the legitimacy of medical marijuana as a viable treatment option within the medical and legal framework of workers’ compensation.
Broader trends in medical marijuana acceptance
This trend of recognizing medical marijuana in workers’ comp cases is not isolated to New York. Other states, such as New Hampshire, are also evolving their stance. For example, the New Hampshire Supreme Court has stated that the Controlled Substances Act (CSA) does not criminalize the act of insurance reimbursement for an employee’s purchase of medical marijuana. This reflects a growing acceptance that crosses state lines, suggesting a shift towards broader national recognition of medical marijuana’s role in treating injured workers.
Hurt at work and need medical marijuana?
For injured workers in New York City considering medical marijuana as part of their treatment under workers’ comp, the landscape is becoming clearer but remains regulated. Legal guidance from experienced professionals like The Weinstein Law Group is essential. They can navigate these legal waters, ensuring that the process—from obtaining the necessary variance with an MG-2 form to understanding the timing of treatment—is handled correctly. As laws continue to evolve, staying informed and compliant with the latest legal requirements is crucial for leveraging medical marijuana’s benefits in workers’ compensation cases.
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