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Maryland Workers' Compensation Attorneys > Blog > Workers' Compensation > How Cannabis Use Could Impact Your Rights In A Maryland Workers’ Compensation Claim

How Cannabis Use Could Impact Your Rights In A Maryland Workers’ Compensation Claim


There is a growing body of evidence about the benefits of cannabis. Since the state legalized both recreational and medical marijuana use several years ago, many have come to rely on it for relief from a variety of troubling health concerns. However, it is still considered illegal on a federal level. Our Maryland workers’ compensation attorney explains how this and the ‘high’ associated with cannabis use could impact your rights to benefits.

How Testing Positive For Marijuana Impacts Workers’ Compensation Benefits In Maryland

If you are injured on the job or suffer an occupational illness, you may be entitled to workers’ compensation benefits in Maryland. Administered through the state Workers’ Compensation Commission (WCC), these benefits provide the following:

  • Coverage of all reasonable and necessary medical care related to your condition;
  • Reimbursement for lost wages during recovery;
  • Payment for long-term disabilities and permanent impairments.

Workers’ compensation acts as a form of insurance and, as with any type of coverage, claims are frequently denied or delayed. Testing positive for THC is a common cause. Taking a blood test is often one of the first steps required by employers. In the past, testing positive for any type of illegal substance resulted in automatic claims denial.

Today marijuana is legal for both recreational and medicinal use, though it is still heavily regulated by the Maryland Cannabis Commission. Provided you are of age, anyone can walk into a dispensary and make a purchase. However, it is still illegal on a federal level, which provides insurers the excuse they need to automatically deny workers’ compensation claims if the employee tests positive for tetrahydrocannabinol (THC).

Protect Your Rights To Maryland Workers’ Compensation If Using Cannabis Products

In the United States, each state has the freedom to make its own marijuana laws. However, regardless of what state you are in, marijuana is still illegal under federal law. This can create serious problems on the job.

Insurers are likely to deny workers’ compensation claims in Maryland in cases where an employee tests positive for THC due to legalities. Other justifications for withholding benefits:

  • Using any type of cannabis products, including low-impact gummies or other substances, is prohibited by your employer;
  • THC can cause the same types of impairments as alcohol and can make on-the-job accidents more likely to happen.

If you are filing a claim and a blood test for THC is likely to be a problem, consult with our Maryland workers’ compensation attorneys right away. We can build a strong defense, justifying your cannabis usage and helping you get the benefits you are entitled to.

Request A Consultation With Our Maryland Workers’ Compensation Attorneys

Workers’ compensation benefits help make up for lost income and cover medical costs when you are injured on the job. At Berman | Sobin | Gross LLP, we help people with disputed or denied workers’ compensation claims get the benefits they are entitled to. To request a consultation with our Maryland workers’ compensation attorneys, call or contact our office online today.





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