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LSNJ LAW Home > Legal Topics > Jobs and Employment > Workers Compensation

Medical Marijuana May Be Covered By Workers Compensation

 

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Workers compensation benefits cover the cost of necessary and reasonable medical treatment. Since 2010, a New Jersey law has allowed use of marijuana for certain medical conditions by people who meet the requirements of the New Jersey Medicinal Marijuana Program (See the New Jersey Department of Health's Division of Medicinal Marijuana page) and are registered as a “qualifying patient.”

A New Jersey medical marijuana patient must buy marijuana from an “alternative treatment center.” In 2020, a New Jersey court decided that the cost of buying medical marijuana by a qualifying patient could be included as a reasonable and necessary medical treatment and covered by workers compensation benefits. The citation to the case is Hager v. M & K Construction (App. Div. 2020). ​