Missouri voters adopted Amendment 3 to the State Constitution in November 2022. Missouri’s marijuana legalization for recreational use by adults over 21 is in line with many other states. However, this change creates complex questions about Missouri workers’ compensation benefits. The answers aren’t always straightforward.

Your Employer’s Rights Remain Strong

Marijuana remains federally illegal despite Missouri’s marijuana legalization. This means employers can still prohibit its use entirely. Most Missouri companies maintain strict drug testing policies after workplace injuries. A positive marijuana test can lead to termination of your employment. It may also cause loss of workers’ compensation benefits.

Marijuana testing has serious limitations. Unlike alcohol tests, marijuana screenings cannot determine when someone last used the drug. They cannot show its potency. They cannot prove whether someone was impaired during an accident. This creates gray areas that require careful legal navigation.

Understanding Benefit Reductions

Missouri workers’ compensation law makes several important distinctions. Section 287.120.6 RSMo., treats injuries “in conjunction” with drug use differently than those “caused by” drug use:

• In conjunction with drug use: You lose 50% of your workers’ compensation benefits
• Caused by drug use: You lose your workers’ compensation benefits completely

Drug tests alone cannot prove impairment at the time of injury. Administrative law judges consider additional factors at a trial. They review witness accounts and employee behavior. They examine credibility and actions on the day of the incident.

The Testing Dilemma

You can refuse drug testing. However, doing so often carries serious employment consequences. Employers may terminate employees who don’t take a drug test. Workers’ compensation insurers view refusal suspiciously when they evaluate claims.

A positive test result doesn’t automatically cause the denial of your claim. Insurance companies and judges must still make determinations. They must decide whether drug use caused your injury. They must determine if it simply occurred alongside the injury. An experienced work comp attorney can help you remain eligible for benefits. You may still receive at least 50% of your claims value.

Navigating Legal Gray Areas

The intersection of Missouri’s marijuana legalization and workplace safety continues to evolve. Questions remain about medical marijuana reimbursement, reasonable accommodations, and discrimination issues. These complex, nuanced matters require experienced legal guidance to navigate successfully.

At Kennedy, Robbins, Yarbro & Henson, LC, we understand the complexities surrounding workers’ compensation claims. Whether you’re facing benefit denials, drug testing issues, or need guidance on your rights as an employee, we’re here to help. Contact our experienced team today to protect your interests and secure the benefits for which you are eligible.