Good afternoon all,
Employers need to be aware of a recent ruling from Superior Court that upheld the Delaware Industrial Accident Board’s decision on the use of medical marijuana. The ruling was routine in most respects but offers insights into a murky medical and legal environment.
Earlier, a construction equipment company had appealed the Accident Board ’s decision in a case of an employee whose back surgeries did not reduce recurrent pain.
Judge Charles Butler acknowledged the case was largely routine but pointed out that the issue illustrates the uncharted territory surrounding medical weed.
Click here for a copy of the decision.
According to the ruling, a mechanic familiar with marijuana turned to medical weed as his back pain continued and after getting a medical marijuana card under circumstances that the employer found to be questionable For a time, the individual purchased the maximum amount allowed under the law and ran up a $21,000 bill. He later reduced the dosage, claiming that he found the right combination.
The Accident Board accepted the argument that the man was experimenting in an effort to come up with the right dosage. The employer claimed the dosage amounted to drug abuse.
The uncertainties here are the result of the lack of hard data on medical marijuana.
The “Reefer Madness” frenzy of decades ago essentially banned research into its properties.
In a perfect world, research should have been done over that period as it remains unclear on what dosages are proper.
Social forces and a pushback against a “lock ‘em up” strategy for a drug that does not cause the carnage of opioids came into play.
Meanwhile, employers and employees are treading on uncertain ground as sentiment builds toward full legalization.
Here’s to a little less rain, except for my reseeded lawn. This newsletter returns on Tuesday. – Doug Rainey, publisher.
