Bourgoin v. Twin Rivers Paper Co., LLC

The Supreme Judicial Court vacated the decision of the Appellate Division affirming the order of the Workers’ Compensation Board (Board) requiring Plaintiff’s former employer (Defendant) to pay for medical marijuana used to treat Plaintiff’s chronic back pain.Plaintiff was issued a certification to use medical marijuana to treat his pain after sustaining a work-related injury. Plaintiff filed a “petition for payment of medical and related services” with the Board seeking payment from Defendant for the cost of the medical marijuana. Defendant opposed the petition, arguing that an order requiring it to pay for Plaintiff’s medical marijuana was barred by the federal Controlled Substances Act (CSA) even if his use of medical marijuana were permitted by the Maine Medical Use of Marijuana Act (MMUMA). A hearing officer granted Plaintiff’s petition, and the Appellate Division affirmed. The Supreme Court vacated the decision of the Appellate Division, holding (1) in the narrow circumstances of this case, there was a positive conflict between federal and state law; and (2) consequently, the CSA preempts the MUUMA as applied here. View "Bourgoin v. Twin Rivers Paper Co., LLC" on Justia Law