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MMJ Covered For New Mexico Workers Comp

Marijuana is still illegal in the state of New Mexico but fortunately for Gregory Vialpando, who recently sustained a devastating back injury while at work, he will be reimbursed for the medical marijuana he uses for his pain.  Under a physician's consent, the ruling finds it reasonable and necessary for Vialpando to use medical marijuana for his back pain.

Vialpando’s employer and insurance provider, on the other hand, disagree.  They argue that medical marijuana should be distributed by federally licensed pharmacies similarly to prescription drugs.  The defendants in the case feel they should not be responsible for reimbursement since the "medicine" will come from a marijuana dispensary.

The court responded by saying, "Indeed, medical marijuana is a controlled substance and is a drug. Instead of a written order from a health care provider, it requires the functional equivalent of a prescription – certification to the program. Although it is not dispensed by a licensed pharmacist or health care provider, it is dispensed by a licensed producer through a program authorized by the Department of Health.”