On June 14, 2018, the Maine Supreme Court, in
Bourgoin v. Twin Rivers Paper Co., found that the employer is not required to reimburse for medical marijuana as a workers compensation treatment. The court determined that because marijuana remains illegal under the federal Controlled Substances Act, Maine’s medical marijuana law is preempted and cannot be used as the basis to require reimbursement.This ruling overturns the Maine Workers’ Compensation Appellate Division’s finding that marijuana is a reimbursable treatment and likely upends several recent Workers Compensation Board decisions ordering reimbursement.
NCCI will monitor for further developments and any potential impact on the workers compensation system.
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