The legalization of medical marijuana in Florida, which began in 2016 with the passage of Amendment 2, has had a profound impact on the state’s legal and healthcare landscapes. Medical cannabis (marijuana) is available to qualified patients with a prescription, providing them with an alternative treatment for various conditions, including chronic pain, anxiety, and nausea. While this offers patients many benefits, its use can also introduce complexities in personal injury cases.
While taking medical marijuana in Florida is legal, its usage may have profound implications in personal injury cases.
Medical Cannabis: Impact on Liability and Negligence Claims
In personal injury cases, liability is often a central issue. Whether it’s an auto accident, slip-and-fall, or workplace injury, proving negligence is key to holding a party accountable for an injury. Legal medical cannabis use can introduce complications in these cases, particularly when the injured party or the defendant was using marijuana at the time of the accident.
One of the most significant concerns is the potential for marijuana to impair an individual’s ability to operate a vehicle, machinery, or perform other tasks. Unlike alcohol, which has a well-established blood alcohol content (BAC) level for determining impairment, marijuana’s effect on cognitive function and motor skills can vary greatly between individuals. This makes it challenging to assess impairment levels in a standard, quantifiable way, which is crucial in personal injury cases involving drivers, workers, or other parties who may have been using marijuana during the incident.
If a defendant was using medical marijuana legally at the time of the incident, the question of whether their use directly contributed to the accident or their negligence may arise. Similarly, if a plaintiff was under the influence of marijuana during the incident, it could affect their ability to claim damages.
Medical Cannabis Usage: Influence on Insurance Claims
Insurance companies may take a cautious approach when dealing with personal injury claims involving medical marijuana use. Florida’s no-fault insurance system, which requires individuals to carry Personal Injury Protection (PIP) insurance, is designed to provide compensation for medical expenses and lost wages regardless of fault. However, insurance companies may scrutinize claims where marijuana use is involved, potentially questioning the extent to which medical marijuana use contributed to an accident or injury.
Insurance companies may argue that the claimant’s use of medical marijuana contributed to their diminished ability to drive safely, leading to the crash. This could reduce the value of the claim or lead to disputes about the degree of fault. Insurers may also attempt to avoid paying for injuries related to marijuana use if they believe that the drug played a significant role in the accident.
Moreover, because marijuana is still classified as a Schedule I controlled substance under federal law, some insurance companies may attempt to use this federal classification as a reason to deny coverage. This presents a complicated issue for personal injury attorneys who must navigate both state and federal laws to protect their clients’ interests.
Challenges in Assessing Damages for Pain and Suffering
In personal injury claims, pain and suffering are often a key component of the damages sought. Many personal injury victims in Florida use medical marijuana as a means of managing pain, especially in cases of chronic conditions, such as severe back pain or post-traumatic stress disorder (PTSD). However, determining the full extent of pain and suffering in a personal injury case can become more complicated if the injured party uses medical marijuana to mitigate their symptoms.
Defendants may argue that the claimant’s pain levels are less severe or that their ability to function is improved due to marijuana use, which could reduce the amount of compensation awarded for pain and suffering. Conversely, the claimant’s attorney may argue that marijuana use does not eliminate the underlying pain but rather serves as a necessary treatment to manage it.
Additionally, the medical community’s ongoing debate about the effectiveness of medical marijuana in treating pain adds another layer of complexity. In personal injury cases, attorneys may need to provide expert testimony about the medicinal benefits of marijuana to help the jury or insurance companies understand its role in the plaintiff’s recovery process.
Drug Testing and Legal Implications
In personal injury cases, drug testing often plays a significant role in determining impairment. However, unlike alcohol, which can be tested with a clear and established method (BAC), marijuana detection is more complex. THC, the psychoactive component of marijuana, can remain in a person’s system for days or even weeks after use, even if the person is not currently impaired. This raises concerns about the accuracy of drug tests in establishing fault or impairment in personal injury cases, especially when the person was legally prescribed marijuana.
As medical cannabis use continues to grow in Florida, personal injury attorneys are the best sources of information about the evolving legal landscape. If you have been involved in an incident that involved legal marijuana use, call Probinsky & Cole today.
