Author: wnnadmin

New Mexico Court of Appeals Rules Workers’ Compensation Must Pay for Patients’ Medical Cannabis

Medical cannabis recommended by a physician must be paid for by the patient’s employer and insurer when its used to treat a work-related injury, the New Mexico Court of Appeals has ruled. The ruling will set immediate precedent across the state.

The case was brought forth by Gregory Vialpando, who argued that he should be reimbursed for the medical cannabis he purchased, which he used to treat the high-intensity pain that came from the result of failed spinal surgeries caused by a work-related back injury.

The court ruled that Vialpando met the required threshold for receiving reimbursement under New Mexico’s workers’ compensation laws, given his physician diagnosed medical cannabis as “reasonable and necessary” for his treatment.

Vialpando’s employer (at the time of the incident), Ben’s Automotive Services, and his health care provider, Redwood Fire & Casualty, argued that medical cannabis should be treated as a prescription drug, meaning it would require a pharmacist or health care provider to dispense.

The court, however, ruled that “medical marijuana is not a prescription drug… 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”.

Vialpando’s employer and insurer also argued that reimbursing him would require them to commit a federal crime, which the court rejected, saying; “Although not dispositive, we note that the Department of Justice has recently offered what we view as equivocal statements about state laws allowing marijuana use for medical and even recreational purposes.”

TheJointBlog

The post New Mexico Court of Appeals Rules Workers’ Compensation Must Pay for Patients’ Medical Cannabis appeared first on The Joint Blog.

Read More

Seattle Police Chief Calls for Dismissal of Cannabis Tickets

Seattle Police Chief Kathleen O’Toole has called for the dismissal of dozens of tickets for consuming cannabis in public given by an officer who was found to have distributed over 80% of the tickets in the city in the first 7 months of the year. The announcement came from Sergeant Sean Whitcomb, spokesman for the Seattle Police Department.

Chief O’Toole has sent a letter to the Seattle City Attorney Pete Holme’s office, requesting that he petition the Municipal Court to vacate and dismiss the tickets written by officer Randy Jokela between January 1st and July 30th. Officer Jokela was put on leave, and had his route changed in August after it was found he had distributed 66 of the 83 tickets given out in the city for the public consumption of cannabis. On some tickets, Jokela marked on the ticket that the state’s cannabis legalization law is “silly”. Jokela also admitted to sometimes flipping a coin when deciding who to ticket.

Seattle Attorney Pete Holmes is likely to be in support of the request, as last month he stated that he hopes the tickets given by Jokela are ignored and go unpaid by those who receive them.

– TheJointBlog

The post Seattle Police Chief Calls for Dismissal of Cannabis Tickets appeared first on The Joint Blog.

Read More

NFL Players Association Votes to Increase Threshold for Cannabis Testing

The NFL players Association (NFLPA) voted Friday to increase the threshold for positive cannabis tests, raising the level from 15 ng/ml to 35 ng/ml. The move will be applied retroactively, and will effect cases currently under appeal.

“This is an historic moment for our players and our league,” NFLPA President Eric Winston said. “We have collectively bargained drug policies that will keep the game clean and safe, but also provide our players with an unprecedented level of fairness and transparency.”

The NFLPA also agreed to test players for human growth hormones.

Both changes will take effect this season.

– TheJointBlog

The post NFL Players Association Votes to Increase Threshold for Cannabis Testing appeared first on The Joint Blog.

Read More