In 2021, the New Jersey Supreme Court ruled that workers' compensation insurers can be compelled to reimburse workers who use medicinal cannabis to treat injuries and illnesses. (Credit: StunningArt/Shutterstock) In 2021, the New Jersey Supreme Court ruled that workers' compensation insurers can be compelled to reimburse workers who use medicinal cannabis to treat injuries and illnesses. (Credit: StunningArt/Shutterstock)

Kansas, Mississippi, Nebraska and South Dakota lawmakers are currently considering bills that would shield workers' compensation insurers from reimbursing injured workers for using medicinal cannabis.

The Mississippi House of Representatives last week approved S.B. 2095, which would create a statewide cannabis program that explicitly exempts workers' compensation insurers and self-insured employers from paying for or reimbursing anyone for the costs of using medicinal cannabis. The bill includes language stating that the intent of the act is not to affect or otherwise impact an employer's right to deny or establish legal defenses to the payment of workers' compensation benefits based on a positive drug test.

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