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Medical Marijuana and Social Security Disability
Posted by: Amy Eaton-Fitzpatrick
January 03, 2012
Topic: Social Security
Sixteen states and the District of Columbia have passed laws legalizing the use of marijuana for medical conditions, including the states of Colorado and New Mexico. In addition, six other states have pending legislation to legalize medical marijuana. However, marijuana remains illegal on the federal level, regardless of whether it is used for medical or recreational purposes. This is nowhere more apparent than in the recent crack down on marijuana dispensaries in California.
A lot of people think that because medical marijuana is legal in their state, the use of medical marijuana should have no impact on their social security claim. However, it does. Social security disability benefits are federal benefits. The award of social security disability benefits to an individual is made by a federal administrative law judge who administers federal laws. The use of medical marijuana complicates a social security disability case for a number of reasons. First, there is a pervasive concern that it is easy to get a medical marijuana license and that the people who use medical marijuana may not really need the drug. Questions also arise regarding whether a person legitimately needing the drug is using the drug appropriately or is abusing it to excess. In addition, the use of medical marijuana forces a social security judge to make a determination on whether the use of medical marijuana is contributing to a person's inability to work. If a person could perform work if they did not use (or abuse) medical marijuana, a judge is required to find that person to be not disabled. For legal prescription medications, on the other hand, if a prescription medication causes problems with your ability to concentrate, think, drive, etc., these medication side effects can be used by a judge to actually determine you are not able to work.
So, if you are pursuing Social Security Disability benefits and you are considering using medical marijuana, please be aware that such use may complicate your social security case. It may be better to explore the use of a synthetic form of marijuana available legally, such as Marinol, and to hold off on using medical marijuana until you have been before a social security judge and had your entitlement to Social Security Disability benefits determined.
