National Post

NOVA SCOTIA RIGHTS BOARD RULES MEDICAL MARIJUANA SHOULD BE COVERED BY EMPLOYEE BENEFITS.

FINANCE

- Sunny Freeman Financial Post sfreeman@ postmedia. com

A Nova Scotia human rights board has ruled that a patient’s medical marijuana should be covered by his employee insurance plan in a potentiall­y precedent-setting case.

The decision, issued Jan. 30, ruled in favour of Gordon Skinner’s claim that he faced discrimina­tion when trying to access insurance coverage for his disability.

Independen­t h u man rights board of inquiry chair Benjamin Perryman said that medical marijuana should be an eligible expense since it requires a doctor’s authorizat­ion and thus didn’t fall within the plan’s exclusions.

“Since medical marijuana was prescribed for pain management, it was accepted that it is a medical necessity and should be covered,” the board said in a statement. “Convention­al prescripti­on pain management drugs are normally eligible for coverage.”

The Canadian National Medical Marijuana Associatio­n said it believes the ruling is the first of its kind, a potentiall­y precedent-setting case that could open the door to wider coverage for cannabis patients. “A human rights board has never taken this issue on in the past, at least not in Canada, so that’s huge,” said Deepak Anand, executive director of the CNMMA.

In 2015, student Jonathan Zaid convinced his university’s insurance provider to cover his medical marijuana expenses, but this is the first time a government board has supported coverage, he said.

Insurers have been hesit ant because marijuana doesn’t have a Drug Identifica­tion Number (DIN), which is the industry standard usually required before a pharmaceut­ical is authorized for sale and reimbursem­ent.

Aside from veterans, Canadian patients who use legal medical marijuana must pay for their own drugs. Many patients believe cannabis is a healthier and less addictive alternativ­e to prescripti­on drugs such as opioids, which are covered by convention­al insurance plans.

Patient groups and licensed medical marijuana producers alike have been lobbying the federal government and insurance companies to have their preferred drugs covered, which can cost patients hundreds of dollars a week.

Skinner, of Chezzetcoo­k, N.S., who suffers chronic pain following a car accident, told the board he has been unable to work since. He said marijuana has helped his condition better than convention­al pain killers.

He was denied coverage for cannabis in May 2014 by his insurance provider, the Canadian Elevator Industry Welfare Trust Fund.

Skinner’s medical marijuana expenses will be covered “up to and including the full amount of his most recent prescripti­on.”

In order to be covered, the drug must be purchased from one of the Health Canada licensed medical marijuana producers or a person authorized for Skinner under the law.

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