The Cannabis Carousel

 Friday, January 14, 2022

 CLM Magazine

With the New Jersey Supreme Court unanimously holding that employers and insurance companies must pay for medical marijuana when ordered by the court, and the Minnesota Supreme Court holding that federal law preempts the state’s medical marijuana law, companies and claims management professionals are stuck trying to sort out a legal turf war fit for a mafia movie.

There is the U.S. Constitution, state constitutions, federal laws, state laws, and federal and state court decisions.

At the absolute pinnacle of the pyramid stands the U.S. Constitution. It got to that exalted position because, prior to its creation, every state had its own constitution.

When the states agreed to form a confederation, they necessarily had to agree to give up some of their sovereign powers.

The states did not do it willingly, fearing that it would eventually result in their ceasing to exist. When it became obvious that the Constitution would not get the necessary votes to pass, the founding fathers started amending the document.
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