A recent arbitration highlights the questions about what kind of medical marijuana is acceptable
A recent Ontario arbitration case has highlighted the information gaps that exist for users of medical marijuana.
The problem began when an Ontario woman’s claim for reimbursement for medical marijuana under a group health plan was denied, according to a Lexology report. The woman – the wife of an employee covered under the group health plan – had a medical document recommending that she ingest three grams of dried marijuana per day for six months. She obtained the recommended dosage from a licensed producer, along with a receipt.
The issue was that the doctor had recommended dried marijuana. Health Canada has not designated dried marijuana with a drug identification number (DIN), according to the Lexology report. The group health plan administrator therefore denied the reimbursement claim.
The union contested the denial as being “contrary to the collective agreement, the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms,” according to Lexology.
The arbitrator found that while Canadians who require medical marijuana have a right to reasonable access, Health Canada is under no obligation to certify dried marijuana with a DIN – and a DIN is mandatory for reimbursement under the group health plan.
“In other words, not all medical marijuana is created equal,” wrote McMillan LLP for Lexology. While some drugs containing cannabis have been approved and designated with a DIN by Health Canada, not all have. It’s therefore important to work with employees to make sure they obtain a type of medical marijuana that is approved by Health Canada.
“When confronted with an issue related to medical marijuana and the workplace, employers should obtain case-specific legal advice,” McMillan LLP wrote.
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The problem began when an Ontario woman’s claim for reimbursement for medical marijuana under a group health plan was denied, according to a Lexology report. The woman – the wife of an employee covered under the group health plan – had a medical document recommending that she ingest three grams of dried marijuana per day for six months. She obtained the recommended dosage from a licensed producer, along with a receipt.
The issue was that the doctor had recommended dried marijuana. Health Canada has not designated dried marijuana with a drug identification number (DIN), according to the Lexology report. The group health plan administrator therefore denied the reimbursement claim.
The union contested the denial as being “contrary to the collective agreement, the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms,” according to Lexology.
The arbitrator found that while Canadians who require medical marijuana have a right to reasonable access, Health Canada is under no obligation to certify dried marijuana with a DIN – and a DIN is mandatory for reimbursement under the group health plan.
“In other words, not all medical marijuana is created equal,” wrote McMillan LLP for Lexology. While some drugs containing cannabis have been approved and designated with a DIN by Health Canada, not all have. It’s therefore important to work with employees to make sure they obtain a type of medical marijuana that is approved by Health Canada.
“When confronted with an issue related to medical marijuana and the workplace, employers should obtain case-specific legal advice,” McMillan LLP wrote.
RELATED LINKS:
Sunlife changes approach to pot
Insurers to treat pot like tobacco
