
The New Jersey Supreme Court recently issued a significant decision in the area of cannabis law. In Hager v MK Construction, the New Jersey Supreme Court affirmed that medical cannabis prescriptions are lawful under workers compensation, but that buries the lede. The real impact of Hager is that the New Jersey Supreme Court addressed for the first time the friction between federal and New Jersey state cannabis law.
The employer in this case did not want to reimburse a worker for medical cannabis prescriptions for an injury that occurred on the job. MK Construction argued that the New Jersey Compassionate Use Act (the medical marijuana law in New Jersey) was preempted by the Federal Controlled Substances Act, setting up a showdown between state and federal law.
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