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Minn. Top Court Finds Fed Law Preempts State on Cannabis

03 Nov, 2025 Frank Ferreri

                               
25 for 25 in '25

A few years back, the Minnesota Supreme Court took up the question of whether employers had to reimburse for medical marijuana and found that federal law preempting state law and left a worker on the hook for his own pain-controlling cannabis. Simply Research subscribers have access to the full text of the decision.

Case

Bierbach v. Digger's Polaris, No. A20-1525 (Minn. 10/13/21)

What Happened?

Due to intractable pain from a work-related ankle injury, a worker enrolled in Minnesota's medical cannabis program. He then filed a claim petition, seeking reimbursement from his former employer for the cost of the medical cannabis. The compensation judge granted the petition, and the Workers' Compensation Court of Appeals affirmed.

The employer appealed to the Minnesota Supreme Court, arguing that the federal Controlled Substances Act preempted the requirement under Minnesota law for an employer to reimburse an injured employee for the cost of medical treatment.

Rule of Law

Under the Controlled Substances Act, marijuana is a Schedule I drug, meaning that it is in the most restrictive category and cannot be lawfully prescribed. Nonetheless, Minnesota law allows for the use of medical cannabis, including to treat work-related injuries, and Congress has prohibited the U.S. Department of Justice from using allocated funds to prevent states from implementing medical cannabis laws.

What the Minnesota Supreme Court Said

Following its holding in Musta v. Mendota Heights Dental Center, 965 N.W. 2d 312 (Minn. 2021), the court held that:

(1) The Workers' Compensation Court of Appeals lacked jurisdiction to decide whether federal law preempted Minnesota law that required an employer to furnish medical treatment when the treatment for which reimbursement was sought was medical cannabis.

(2) The federal Controlled Substances Act preempted the compensation court's order mandating the employer to pay for the worker's medical cannabis.

Verdict: The Minnesota Supreme Court reversed the decision of Workers' Compensation Court of Appeals.

Takeaway

Federal law preempts Minnesota law when it comes to cannabis and workers' compensation.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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