Missouri lawmakers push back against proposals to add marijuana to workers' compensation law

The ceiling is lowered on me and I am tested for it… I now have it in my body and they are going to reduce my benefits by 50%. This is correct ?”

By Rebecca Rivas, Missouri Independent

Employers can make Missouri employees take a marijuana test if they request workers’ compensation for an injury on the job.

They may lose their death benefit and compensation if they test positive, even if they haven’t used marijuana in days.

Two Republican state legislators told a House Committee on Wednesday that the federal government still controls marijuana.

Bradley Young, an attorney for workers’ compensation in Chesterfield, said to The Independent on Thursday that if marijuana is legalized by the federal government, “then there will be no prohibition” against people smoking pot at work.

John Voss, Republican Rep. of Cape Girardeau, and Sherri Galick of Belton have been working to incorporate the existing policy in state law so that it will remain in effect if federal laws change.

Both said that their legislation, which was drafted by Young is intended to combat intoxication at work.

Gallick, who was referring to the owners of marijuana facilities in his immediate vicinity, said: “I know some people who live near me that are in this business.” “As a business, they want to ensure that everything is done properly.” They want to protect their business.

The bills would add marijuana to Missouri workers’ compensation laws, which outline a drug-free work environment rule. The law currently states that employees lose 50% of their compensation “if they were injured while using alcohol or nonprescribed controlled substances.”

Young explained that under the state constitution marijuana is not a “nonprescribed controlled drug,” but it remains a federally-controlled substance.

Missouri voters approved recreational marijuana in 2022. However, the law is unclear about how to deal with workplace injuries caused by employees under the influence. The Missouri Chamber of Commerce supports legislation to clarify the law. #moleg pic.twitter.com/8YTMizC0yo

Missouri Chamber (@MissouriChamber). 18 January 2024

Gallick’s Bill exempts medical marijuana patients following a prescription from the law, but Voss Bill doesn’t. The Republican Senator Mike Bernskoetter from Jefferson City has introduced a Bill which mirrors Voss’s legislation.

On Wednesday, Republicans and Democrats in the House Insurance Policy Committee reacted to both bills.

Rep. Richard West is a Republican who represents Wentzville. He said that as a former officer of the police for over 20 years, he knows how important it is to test all those involved in an accident.

West, who is opposed to marijuana, said that the bill’s non-impairment portion was the biggest issue. “We don’t really have the science behind it to determine at what point someone becomes impaired,” West explained.

West described the scenario in which he took a marijuana-infused gum on Saturday night, to help him fall asleep. He does not take it on Sunday night and goes to work Monday morning completely unimpaired.

West explained, “The ceiling falls on me and I am tested as a consequence.” “Now that I have it, they are going to reduce my benefits by 50%. This is what this bill allows, correct?

Ray McCarty said, while speaking for the bill and defending the current policy, that marijuana will continue to be treated like alcohol.

Employees who test under the.08 percent alcohol intoxication limit could still see their benefits reduced.

West responded that the situation is different, because someone wouldn’t be tested positive for alcohol on Monday even if they drank it on Saturday. But they would test positive for marijuana.

McCarty responded: “There is no medical evidence to suggest that you will not be affected if it’s in your bloodstream.”

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Rep. Jeff Coleman from Grain valley, a Republican, stated that he did not realize the current law reduces workers’ benefits even if it is their fault.

He said, “This is something new for me.” “I don’t like that part… If they are determined to have done nothing wrong, I do not think their benefits should be reduced.”

Young, who has been a workers’ comp defense lawyer for 30 years, said that he had never seen a case where a judge reduced a claim because a person smoked marijuana days or even weeks before.

Young replied, “There’s no such example.” “We know people use drugs with their work.” This is a much greater problem than the hypothetical situation of the worker who smokes marijuana a week before being injured at work.

Many legislators have criticized the current methods of testing for marijuana impairment.

Steve Butz, a Democrat in St. Louis, said: “I know that it will test positive for an infinitely longer period of time than alcohol.” There’s a huge difference. “It could have been three weeks since anyone did anything.”

West agreed.

West asked: “If we do not have a threshold for what impairment is, will we tell people that they cannot partake in an entity which is totally legal in our state on their own time?”

When will there be more efficient testing?

Young told The Independent that he represents a St. Louis-based construction company which has purchased expensive technology in order to test if THC was active in the body of a patient, rather than testing their metabolites.

He said, “The technology exists.” I’ve seen the technology. “Next year, it will be half as large and cost half as much.”

The Missouri Independent published this story first.