Canada: Not All Cannabis Is Created Equal - Reimbursement For Medical Marijuana

A recent Ontario arbitration1 involved a grievance alleging that the denial of a claim for reimbursement for medical marijuana under a group health plan breached the collective agreement and is a helpful reminder that notwithstanding the attention medical marijuana has received in recent years, there are practical limits and issues for employers to deal with in claims related to medical marijuana.

Facts

The greivor's spouse had a medical document from a licenced physician, which suggested that she ingest three grams of dried marijuana per day for a period of six months to address two medical conditions. The greivor's spouse obtained the recommended dosage of marijuana from a licenced producer as well as a receipt for the purchase.

The employer's collective agreement set out the following requirement for reimbursement for drugs under its group health plan: "Drug claims must indicate the prescription number, name, strength and quantity of the drug plus the...

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