The Sunshine State is known for its beaches, oranges, and increasingly, its acceptance of alternative medicine. Medical marijuana, legalized in 2016 through the passage of Amendment 2, has become a popular treatment for a wide range of conditions, from chronic pain to PTSD. The 2018 Farm Bill legalized hemp-derived CBD products at the federal level, further expanding options for patients seeking relief. However, the intersection of these substances with Personal injury claims remains a complex and evolving legal landscape in Florida.
Medical Marijuana and Your Personal Injury Claim
In Florida, patients with qualifying conditions can legally access medical marijuana with a doctor’s recommendation. The list of qualifying conditions has expanded over time and now includes:
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Chronic Pain
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PTSD
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Cancer
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Epilepsy
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Glaucoma
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HIV/AIDS
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Crohn’s disease
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Parkinson’s disease
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Multiple Sclerosis
A qualified patient must be/do the following:
- Be a permanent or seasonal Florida resident.
- Be diagnosed with a qualifying medical condition by a qualified physician.
- Be entered into the Medical Marijuana Use Registry.
- Obtain a Medical Marijuana Use Registry Identification Card.
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Be Aware of the Challenges
Securing compensation for medical marijuana expenses in a PI claim can be a challenge. Some insurance companies may hesitate to cover these costs due to marijuana’s classification as a Schedule I controlled substance under federal law. This conflict between state and federal law can lead to disputes about the compensability of medical marijuana treatment in PI cases.
To successfully include medical marijuana expenses in a settlement or jury award, it is necessary to do/prove the following:
1. Plaintiffs and their lawyers must demonstrate that the treatment is medically necessary.
2. Plaintiffs and their lawyers must demonstrate that the treatment is directly related to the injuries sustained in the accident. This may require expert testimony from doctors/medical professionals specializing in cannabis therapy
Fortunately, for those interested using medical marijuana as a treatment aid, there have been a number of studies indicating that cannabis/cannabinoids are effective in managing chronic pain and other medical conditions. Here are some examples:
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2017 National Academies of Sciences, Engineering, and Medicine Report: This comprehensive review found conclusive or substantial evidence that cannabis or cannabinoids are effective for chronic pain, chemotherapy-induced nausea and vomiting, and multiple sclerosis spasticity.
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2018 Study in Neurology: This randomized controlled trial found that cannabidiol (CBD) significantly reduced seizure frequency in patients with Lennox-Gastaut syndrome, a severe form of epilepsy.
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2020 Review in Clinical Gastroenterology and Hepatology: This review suggested that medical cannabis may improve symptoms and quality of life for patients with inflammatory bowel disease (IBD).
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CBD and the Legal Grey Area
The 2018 Farm Bill legalized hemp-derived CBD products with less than 0.3% THC at the federal level. However, Florida law has been far less clear-cut, leading to some ambiguity regarding the legality and regulation of CBD products in the state. This confusion can complicate PI claims involving CBD products, as questions arise about their legal status and potential liability issues.
In 2023, Florida lawmakers introduced Senate Bill 1024 to clarify the legal status of hemp-derived products, including CBD. The bill aimed to align state regulations with federal law, potentially easing the legal uncertainty surrounding CBD in PI claims. However, as of July 2024, the bill’s progress has stalled, leaving the legal landscape of CBD in Florida unclear.
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Legal Strategies for Lawyers and Plaintiffs
Navigating the complexities of medical marijuana and CBD is PI claims requires a strategic approach. Here are some of the key steps lawyers and plaintiffs can take:
1. Documentation: Meticulously document ALL medical marijuana or CBD use, including prescriptions, recommendations, dosage, costs, and any evidence of its effectiveness in treating the injury/condition. This will be crucial in establishing the medical necessity of treatments.
2. Expert Testimony: Engage medical experts who can explain the medical necessity of these treatments and their impact on the plaintiff’s recovery.
3. Stay Informed: The legal landscape surrounding medical marijuana/CBD is constantly evolving. Lawyers and plaintiffs must stay up-t0-date on the latest legislative developments and regulatory changes in Florida to ensure their claims are handled effectively.
4. Negotiation and Litigation: Be prepared to negotiate with insurers or litigate in court if necessary to secure fair compensation for medical marijuana or CBD-related expenses. Having a strong legal team with expertise in this area can be invaluable in achieving a successful outcome.
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Question about a Personal Injury Claim? Call the experts at GOLDLAW
Overall, expect to see a more dynamic and complex legal landscape in Florida personal injury law in 2024. Keeping up with legislative changes, technological advancements, and emerging practice areas will be key for lawyers to thrive. As a potential client, things can change fast, so keep your eyes open, stay informed, and if you get hurt, rely on the expert accident lawyers at GOLDLAW to help you navigate the legal maze and get the compensation you deserve! To get your questions answered, contact GOLDLAW today, or “Choose the 2’s,” and call us at 561-222-2222!
