No they don’t. Washington State’s current policy is to refuse to pay or reimburse for medical marijuana. L&I considers payment for drugs only if the FDA allows it for the condition prescribed (they don’t), or if prescribed for off label use for a drug supported by published scientific evidence of safety and effectiveness.
Could Washington State Reimburse for Medical Marijuana?
Yes they could. Coverage decisions in the future will be dependent upon L&I’s and the courts’ interpretation of WAC 296.20.02704. There is room here for good law to be made by administrative regulation, or through the court system.
Vincent Harper v M&K Construction
Currently the law on marijuana and workers compensation is being developed on a state by state basis. Progress was made in New Jersey in January 2020 in the Vincent Hager v. M&K Construction case which upheld a judge’s decision to OK medical marijuana’s reimbursement. They took note of the fact that in this case medical marijuana was more effective than either surgery or opioids.
If New Jersey can do it so can Washington State. For more informaiton see: Marijuana and Job Injuries
