Claims Likely to be Impacted by Reclassification of Marijuana
- StewartWood Injury Lawyers
The Biden Administration is reclassifying marijuana as a less dangerous drug, following a recommendation from the U.S. Department of Health and Human Services to the Drug Enforcement Agency. This move will impact how marijuana is used to treat workers' compensation and auto injury claimants. The DEA is taking steps to officially reclassify marijuana, which would not legalize it federally for recreational use but for medicinal use. Schedule III drugs are defined as those with moderate to low potential for physical and psychological dependence. The current status of marijuana as a Schedule I drug is creating challenges for employers and insurers, as more states legalize marijuana for medicinal use. The change in status will clear up questions on the legality of reimbursing claimants for medical marijuana and create an environment where marijuana will be subjected to more rigorous clinical trials and FDA standards for prescription drug use. The reclassification process could take some time, with the DEA's formal ruling undergoing a 60-day public comment period and a judicial review before approval.