New Pennsylvania Bill Would Require Medical Marijuana Reimbursements Under Workers’ Comp

As Pennsylvania lawmakers continue to debate legalizing marijuana for adult-use in the commonwealth, a newly filed bill seeks to require employers to cover the costs of medical cannabis for qualifying patients receiving workers’ compensation.

The legislation, sponsored by Rep. David Delloso (D), would make it so Pennsylvania employers must “provide for reimbursement to a qualifying patient who obtains medical marijuana for certified medical use under” the state’s cannabis law if they are injured on the job.

Qualifying patients would need to be reimbursed for up to $250 in monthly expenditures for medical cannabis, with a $3,000 maximum yearly allowance.

“Injured workers in chronic pain need a workable option for pain management other than opioids. We have seen the damage these drugs can do throughout the ongoing opioid crisis,” Delloso said in a cosponsorship memo late last month. “Prescribing medical cannabis to treat chronic pain protects injured workers from the hazards associated with these dangerous and harmful medications. ”

“My legislation would require employers to reimburse prescribed medical cannabis for qualifying workers receiving workers’ compensation benefits,” he said. “Such usage must be certified under the Medical Marijuana Act and has been approved by the Department of Health for use in treating chronic pain under the Commonwealth’s medical cannabis program.”

“Permitting medical cannabis to be used in the treatment of chronic pain management for injured workers not only helps workers but provides relief to their families. Families can take comfort in knowing their loved one’s pain is controlled without fear of addiction and the rapidly rising medical bills associated with opioids.”

“Injured workers deserve the most efficient, safe and affordable treatments available,” the memo concludes. “I urge you to join me in supporting these workers by co-sponsoring this legislation.”

Six other Democratic members of the House signed on as original cosponsors of the measure. The legislation was referred to the House Labor & Industry Committee on Monday.

Delloso is also one of multiple members of the legislature who has put forward proposals to legalize marijuana altogether in Pennsylvania. However, the bill he filed last month would involve a state-run model, despite a different version of the legislation being soundly rejected in the GOP-controlled Senate after it passed the House earlier this session.

The House-passed legalization bill isn’t necessarily dead for the session as a vehicle to advance reform, however, and Democrats in the chamber recently called on voters to pressure state senators to sign off on the cannabis measure, arguing that it would benefit health and safety and bring in billions of dollars in revenue for the commonwealth.

While other legalization proposals have since been filed in the state—including from bipartisan lawmakers in both chambers—Senate Majority Leader Joe Pittman (R) and others have already signaled disinterest in the reform.

—
Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, due largely to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.

In addition to pushback from Senate Majority Leader Pittman, another Republican, Sen. Scott Martin, who chairs the influential Appropriations Committee, said earlier this month that he didn’t plan to move on any adult-use legalization bills.

Nevertheless, one Republican senator sponsoring a legalization proposal said last week that supporters in the legislature are “picking up votes.”

Sen. Dan Laughlin (R)—who has introduced a legalization bipartisan bill with Sen. Sharif Street (D)—said support is growing because “people would rather [legalize cannabis] than do a tax increase to try and balance a budget.”

Rep. Amen Brown (D) subsequently said he intended to file a House companion version of that measure, circulating a cosponsorship memo to colleagues earlier this month.

Separately, just days after Laughlin and Street filed their measure, Reps. Emily Kinkead (D) and Abby Major (R)—alongside eight other cosponsors—filed legislation in the House to enact the reform. The pair have previously championed other proposals to end prohibition.

Laughlin and 16 other lawmakers also recently filed a separate bill to create a new regulatory body in the state that would begin overseeing medical cannabis while preparing to eventually handle the adult-use market as well.

Meanwhile, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses rather than through a system of state-run stores.

Photo courtesy of Mike Latimer.