Authorization denied for a trial of medical marijuana.

The petition for workers’ compensation benefits sought authorization of a “trial of medical marijuana as recommended by Dr. Mark Hofmann.” Dr. Hofmann’s note of March 15, 2017, stated that he recommended “a trial of medical marijuana, since he has exhausted all other medication treatment options.” At the final hearing, the Judge of Compensation Claims noted that the claimant’s counsel attempted to revise the request from an award of medical marijuana, as clearly stated, to an evaluation by a qualified physician in order to follow up on Dr. Hofmann’s recommendation for medical marijuana. The judge pointed out that the petition did not ask for an evaluation but specifically requested authorization of a “trial of medical marijuana.” The judge also pointed out that Dr. Hofmann’s note itself did not refer to an evaluation, but only stated a trial of medical marijuana to determine whether it would be beneficial.

The judge wrote that the request had to be denied because: (1) Dr. Hofmann is not a qualified physician eligible to prescribe medical marijuana under Section 381.986(3); (2) Dr. Hofmann’s medical report does not constitute a prescription; and (3) there is no evidence that the claimant has a qualifying medical condition making him eligible for medical marijuana. 

_{Case Law Alerts, 3^rd Quarter, July 2018}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}