The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care about cannabis issues. Or is it that the Biden administration cares so much about cannabis issues to leave them in the hands of the current judiciary? Or something in the middle?
The Immediate Future of Roe
Regardless of your opinion on the correctness or wisdom of Roe v. Wade, the possibility that it may be overturned as reflected in the recently leaked opinion represents a potential sea change in the Court’s jurisprudence. It further represents the current Court’s willingness to take strong and decisive opinions on matters of broad political and cultural significance.
Cannabis is certainly one of those issues that sits at the intersection of law and order, popular opinion, and individual liberty.
So, what does Roe have to do with the Biden administration’s approach to cannabis? Stay with us: In the words of Andy Dufresne, if you’ve come this far, maybe you’re willing to come a little further.
Why are you reading about a workers’ compensation case?
This Spring the Court has received briefing in a case presenting the question of whether the Controlled Substances Act (CSA) preempts an order under a Minnesota workers’ compensation law requiring an employer to reimburse an injured employee for the cost of medical marijuana used to treat a work-related injury. Specifically, the petitioner, Daniel Bierbach, sustained a work-related injury that required surgery and physical therapy. Bierbach was certified as suffering from intractable pain, which is a qualifying medical condition under Minnesota’s Cannabis Act. Bierbach subsequently purchased marijuana in accordance with the act and sought reimbursement from his employer. After the company refused the reimbursement on both state law and federal-preemption grounds, a state workers’ compensation judge held an evidentiary hearing and sided with Bierbach. The Minnesota Supreme Court reversed, holding that the federal CSA preempted state law. Bierbach petitioned the Supreme Court for review of the decision.
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