With 23 states and the District of Columbia having legalized the use of medical marijuana, employers and insurance companies are wondering if they soon may be asked to cover medical marijuana as part of their workers’ compensation claims. Although there is no definitive answer right now, it’s important to shed light on the various issues affecting the use of medical marijuana in workers’ compensation.

Currently, there are several factors hindering adoption:

1. Illegal at federal level. The Controlled Substances Act (CSA) of 1970 classifies marijuana as a Schedule I substance, making it illegal to cultivate, distribute or possess the drug.

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