Can You Smoke Marijuana While on Worker’s Comp in Missouri?

Understand how workers’ compensation works in the state of Missouri.

With some minor exceptions, Missouri workers’ compensation law provides coverage for all workers injured on the job while working within Missouri. The Workers’ Compensation Division of the Missouri Department of Labor and Industrial Relations administers Missouri workers’ compensation law. The most important thing you can do is talk to a Workers’ Compensation attorney call Northland Injury Law at 816-400-4878.

Can You Smoke Marijuana While on Worker’s Comp?

On November 6, 2018, Missouri voters approved Amendment 2 which legalized the use of medical marijuana within the state. The amendment adds an article to the Missouri Constitution allowing patients that have a qualifying medical condition to obtain a prescription for marijuana. In so doing, Missouri joins more than 30 other states in legalizing medical marijuana but also enters a field of great legal uncertainty. While medical marijuana may now be legal at the Missouri state level, it remains illegal within the purview of the Federal Government which continues to adhere to the federal Controlled Substances Act. Missouri employers are caught between competing laws.

Currently, the Missouri Workers’ Compensation Act provides for the reduction of workers’ compensation benefits because of an employee’s use of alcohol and non-prescribed controlled drugs (Section 287.120.6). Up until this point, marijuana use would lead to a reduction or even forfeiture of benefits. While Amendment 2 does not address workers’ compensation directly, because it requires a medical certification and prescription for individuals to obtain medical marijuana, there is a possibility that Section 287.120.6 will not apply to reduce employees’ benefits as a result of their medical marijuana use if such use is pursuant to a prescription.

Talk to an Attorney

A Missouri attorney experienced in workers’ compensation can be an invaluable asset to your case, especially if you were seriously injured and cannot go back to work. You should strongly consider talking to a worker’s comp attorney if you need to appeal a denial of your claim and/or your injuries are severe or complex. For a more comprehensive list of all the questions you might have about workers’ compensation, and for a free consultation, please call (816)-400-4878. If you have further questions about your case, do not hesitate to reach out to us by the phone number, through the contact form, or even with the live chat option listed on our site!