Benefits Canada Publishes an Article by Thomas Agnew on Benefits Coverage for Medical Marijuana
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employer Obligations Around Medical Pot, Benefits Plans.”
In a case from February 2017, the Nova Scotia Court of Appeal confirmed that an administrator of a benefits plan can choose what specific drugs and medications will be covered by a plan. In particular, it held that the exclusion of medical cannabis isn’t discriminatory under human rights legislation. However, while an employer may not be required to provide coverage for medical cannabis under an benefits plan, employers should be careful to consider whether existing plans already provide reimbursement for cannabis products.