US Supreme Court to Conference Medical Marijuana Preemption Case – Musta v. Mendota Heights Dental Center

US Supreme Court to Conference Medical Marijuana Preemption Case – Musta v. Mendota Heights Dental Center
CANNANNEW REPORT

Please Note This Summary Was Published Prior To The SC Decision 2 June 2022 The US Supreme Court (SCOTUS) is scheduled to conference the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference is listed for Thursday, June 16, 2022. Musta v. Mendota Heights Dental Center, et al., No. 21-998. US Government The US Government submitted a brief to SCOTUS by invitation. The US Government urged denial of the Writ. The US Government indicated that the issue is not ripe and may in fact be decided by the other branches of the Federal government. “The Legislative and Executive Branches of the federal government are best situated to consider any potential tailored measures to address specific instances of interaction between federal and state marijuana laws. To that end, Congress has recently amended the federal prohibition on marijuana, see p. 5, supra (noting 2018 change to CSA definition of marijuana), and continues to consider more expansive approaches; indeed, shortly after the Court issued its invitations in these cases, the House of Representatives passed legislation that would remove marijuana from the CSA’s list of controlled substances altogether.” Preemption Issue The question presented is: “Whether the Controlled Substances Act, 21 U.S.C. 801 et seq., preempts a state workers’ compensation order that compels an employer to reimburse an employee for the cost of marijuana used in response to pain arising from a work-related injury.” The issue is whether employers and their insurance carriers could be compelled to reimburse costs for medical marijuana in light of the Controlled Substances Act (CSA or Act), Pub. L. No. 91-513, Tit. II, 84 Stat. 1242. Supplemental Brief of Susan K. Mustafa A supplemental brief in support of the Petitioner for a Writ of Certiorari was filed this week by Susan K Mustafa, the…

Excerpt only …
READ MORE BELOW
Source : US Supreme Court to Conference Medical Marijuana Preemption Case – Musta v. Mendota Heights Dental Center

reposted by Cannabis News World

This site uses Akismet to reduce spam. Learn how your comment data is processed.