Decision on Medical Marijuana


The Superior Court of the State of Delaware recently issued an opinion regarding an injured worker’s right to use medical marijuana.  The ruling came following an appeal of an Industrial Accident Board decision, which found that an injured worker was entitled to direct reimbursement for high (but legal) dosages of medical marijuana during Claimant’s experimentation phase, which was used to determine proper medical marijuana dosage levels.  In Giles & Ransome v. Kalix, the Superior Court said, “It may well be that as the science of medical marijuana develops, there will develop a more precise dosage and modality for specific symptoms that would permit a more limited range of prescribed dosages.  But given the novelty of medical marijuana and the statutorily authorized dosage parameters set by the General Assembly, the Court cannot conclude that the Board abused its discretion in requiring the employer to reimburse the claimant for his experimentation phase of this new treatment.”

To read, the Court’s entire decision, visit the official website.

As the use of narcotic medication to treat chronic pain continues to come under increased scrutiny, it will not be surprising to see the State of Delaware Industrial Accident Board and Delaware Courts grappling with issues surrounding alternative pain relief treatment, like medical marijuana, in the future.  The attorneys at Rhoades & Morrow will continue fighting to protect the rights of their clients, who are injured in workplace accidents, by ensuring that they receive the proper medical care and just compensation they deserve. Submit an online contact form or call (302) 427-9500 to learn more.  Rhoades & Morrow offers free consultations at their offices in Wilmington, Bear, and Milford, where they serve clients throughout the state of Delaware.


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