The U.S. Solicitor General’s Office on May 16, 2022, urged the U.S. Supreme Court not to jump into the debate over whether workers’ compensation should cover medical marijuana costs.

In a 19-page amicus brief, written at the invitation of the high court, Solicitor General Elizabeth Prelogar noted that while dozens of states in recent years have eased restrictions on marijuana’s use and sale for medical reasons, the drug remains illegal under the Controlled Substances Act.

“Petitioners intentionally possessed marijuana, which is a crime under federal law even if permitted under state law,” Prelogar wrote. “A state law that requires a third party to subsidize such conduct is preempted by federal law.”

At issue are two cases brought by Minnesota workers who use medical marijuana for workplace injuries and want those costs reimbursed by their employers under the state’s workers’ compensation laws. Workers’ compensation judges originally granted their requests, but the Minnesota Supreme Court ultimately reversed those decisions.

“If states could enforce laws compelling third parties to subsidize federal crimes, they could directly undermine congressional determinations,” Prelogar wrote. “For example, no legal principle would preclude a state from requiring private employers to reimburse the use of other federally prohibited products or substances, such as LSD and other psychedelic drugs, based on perceived benefits.” [Read more at PropertyCasualty360]