BWC on Medical Marijuana as Treatment for Workplace Injury


With the passage of medical marijuana legislation in Ohio, the Bureau of Workers’ Compensation (BWC) has received many questions about whether medical marijuana can be used in the medical treatment of an injured worker. Per the BWC:  “For purposes of medical treatment in a workers’ compensation claim, we cannot include the use of medical marijuana as part of an injured worker’s treatment plan. There are several legal barriers to using medical marijuana in the management of the medical portion of a workers’ compensation claim in Ohio. First, Ohio law prohibits us from reimbursing for medications that are not FDA-approved. At this time, no form of medical marijuana is FDA-approved. “Second, Ohio law prohibits us from reimbursing for medications that we do not include in our drug formulary. Our formulary does not include medical marijuana as a prescribed medication eligible for reimbursement. “While the Ohio Legislature has legalized medical marijuana in Ohio for some purposes, these specific provisions of Ohio law prevent the State Insurance Fund from reimbursing for medical marijuana in a workers’ compensation claim.”  8/30/2016