Marijuana Moment reports
The Justice Department is telling the U.S. Supreme Court that it should not take up a case concerning workers’ compensation for medical marijuana that could have wide-ranging implications related to federal supremacy. And part of its reasoning is that Congress appears to be moving toward a solution on its own, as lawmakers work to end federal prohibition.
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The question before the court arose out of a pair of Minnesota cases where workers had sought compensation for medical cannabis from their employers after being injured on the job. In both instances, the state Supreme Court ruled that federal law prohibiting marijuana preempted state law, meaning the employers were not obligated to pay for the medicine.
But the plaintiffs and advocacy groups like Empire State NORML are making the case that, because employers aren’t required to possess, manufacture or distribute cannabis in contravention of federal law, simply providing workers compensation for marijuana is not preempted by the Controlled Substances Act (CSA).
The U.S. Supreme Court then became involved after the parties appealed, and justices notably sought input from the top Justice Department lawyer. The solicitor general’s office filed its amicus curiae response on Monday, recommending that the court not take up the case and also saying the matter would be more appropriately addressed by the executive or legislative branches.
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Justice Department Tells Supreme Court To Reject Marijuana Case, While Acknowledging Legalization Momentum