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KPIX KPIX 5 News At 600PM September 6, 2017

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N.J. High Court Rules on Employer Obligations Under State Medical Marijuana Act | Holland & Knight LLP

Highlights
Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates.
The Supreme Court of New Jersey, in
Hager v. M&K Construction, 2021 WL 1380984 (N.J. April 13, 2021), clarified that New Jersey s Jake Honig Compassionate Use Medical Cannabis Act (Honig Act) is not preempted by the federal Controlled Substances Act (CSA), further narrowing the discretion of New Jersey employers to interpret how to comply with conflicting state and federal laws.
Employers, especially those in heavily regulated industries, should consider potential consequences outside of CSA compliance, including enforcement from regulators. ....

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NJ Supreme Holds Employers Responsible for WC Medical Marijuana Costs

04/14/21
Jon L. Gelman
The NJ Supreme has recognized that the workers compensation system has a legislative mandate to provide the safest medical care to cure and relieve occupational injuries. The Court acknowledged both state and Federal trends to provide non-addictive and non-fatal pain relief in place of the dangerous opioids.
The intent that embraced the creation and development of the social insurance system has given the Court a rational and logical basis, consistent with public policy, to order medical marijuana for palliative care.
The syllabus prepared by the Office of Clerk is as follows:
In this appeal the Court considers the challenges brought by defendant M&K Construction (M&K) with regard to a workers compensation court s order (the Order) that M&K reimburse plaintiff Vincent Hager for the ongoing costs of the medical marijuana he was prescribed after sustaining a work-related injury while employed by M&K. Specifically, M&K contends that New ....

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