I honestly don’t feel in my heart of hearts that this is a conflict. In reaching his decision, Judge Simon noted that the CSA and the New Jersey Medical Marijuana Act are both intended to deter the distribution and use of illicit drugs. He ruled that New Jersey’s medical marijuana statute is not pre-empted by federal law. New Jersey Workers’ Compensation Judge Lionel Simon disagreed. Twin Rivers Paper, in which the Maine Supreme Court overturned a lower court ruling that ordered a carrier to subsidize an injured worker’s medical marijuana based on federal preemption by the CSA. However, the insurer refused, arguing that the CSA’s criminalization of marijuana trumps state-level laws. Township of Freehold, Steven McNeary, who suffers from muscular spasticity, sought a court order requiring the insurance carrier for Freehold Township to pay for his medical marijuana treatment. Photo courtesy of Outco California ( ) NJ Judge Orders Insurer to Pay for Medical Marijuana
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