The United States Court of Appeals for the Second Circuit recently affirmed that federal law bars the reimbursement of medical marijuana costs under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).

In Peña Garcia v. Department of Labor, petitioner Luis Peña Garcia, a permanently disabled resident of Puerto Rico, sought to have his former employer’s insurance carrier cover the costs of doctor-recommended cannabis-infused edibles to treat chronic pain. Although the treatment was consistent with Puerto Rican law, the Department of Labor denied the request, a decision that was ultimately upheld by the Second Circuit.

The court’s decision rested primarily on the Controlled Substances Act (CSA), which classifies marijuana as a Schedule I substance. Under federal law, this classification serves as an express congressional finding that the drug has “no currently accepted medical use in treatment in the United States.”

Consequently, the court ruled that marijuana cannot be deemed a “reasonable and necessary” medical expense under Section 7 of the LHWCA. The judges emphasized that federal law categorically prevents marijuana from being treated as a reimbursable medical treatment, regardless of its status under state or territorial laws.

While the petitioner argued that recent executive orders and congressional research acts signaled a shift toward federal acceptance of medicinal cannabis, the court remained unmoved. The panel noted that while the executive branch has initiated reviews to potentially reschedule marijuana, no such change has yet occurred through an Act of Congress or formal administrative rulemaking.

The Second Circuit stated: “This Court is obliged to apply the law as it currently stands,” signaling a conclusion that any change to marijuana’s classification remains a decision for the political branches of government rather than the judiciary.