Not all corners of New Mexico are embracing the state’s allowance of medical marijuana.
New legislation passed last week in the House of Representatives would exclude medical marijuana as a covered treatment for workers’ compensation. Legislators voted 33-29 in favor of the bill, which says neither workers’ comp carriers nor employers would be liable to reimburse injured workers for medical marijuana use.
The bill has been sent to the New Mexico Senate for consideration.
Legislators say the proposed law is in response to a provision from the New Mexico Workers’ Compensation Administration that required both carriers and employers to reimburse medical marijuana claims beginning January 1. Workers’ comp claimants could be reimbursed up to $12.02 per gram of marijuana for up to 226.8 grams of marijuana per year.
The reimbursements were ordered after a state Court of Appeals ruled three times since May 2014 that medical marijuana is a “reasonable and necessary medical” treatment for injured workers ad should be classified as such.
If the bill passes, New Mexico would be in line with the federal government, which allows workers to fire employees who test positive for marijuana – even if that use is allowed under state law.
That line was drawn after a decision last month by the US District Court in Albuquerque, New Mexico in which the court ruled that a Tractor Supply Co. facility in Santa Fe had a right to fire a worker who used medical marijuana, which was evidenced in his post-offer, pre-employment drug test.
The worker, Rojerio Garcio, told the company he participated in the New Mexico Medical Cannabis Program after being diagnosed with HIV/AIDs, but Tractor Supply proceeded with his termination.
The decision underlines the fact that federal courts have continued to consider marijuana use illegal, despite movement among states to decriminalize its use.
