Medical marijuana still illegal and not allowable under Florida’s workers’ compensation law.

The claimant sought authorization for “referral for medical marijuana” and appealed the lower court’s denial of same. The First District Court of Appeal noted that under Florida law, marijuana is not reimbursable under the workers’ compensation statute. Moreover, federal law—which they pointed out they are “oath-bound” to follow—characterizes marijuana as having no accepted medical use and makes all possession and use of it illegal throughout the United States. The court went on to say that a referral to a physician authorized to prescribe medical marijuana—even just an evaluation of whether the employee is a good candidate for marijuana treatment—could not be, under any circumstances, “medically necessary” as defined and used in section 440.13, Florida Statutes.

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