Due to changes in state marijuana laws, including medical and recreational use, health plan administrators are wondering whether they may be required to cover medical marijuana or whether a plan can or should exclude it from coverage. The best approach is to exclude it for now.

Most states (37) now allow some form of legalized medical marijuana. Twenty-three states and Washington, D.C., allow comprehensive medical marijuana use, while 14 other states allow low THC, high cannabidiol (CBD) products in limited situations or as a legal defense. Despite this, marijuana remains a Schedule 1 drug under the federal Controlled Substances Act (“CSA”). Schedule 1 drugs are those classified as highly addictive with no beneficial medical use. This classification makes it difficult to get approved testing. Consequently, there is no FDA approval, and most insurers are not covering it. In Nevada, entities that provide coverage for medical or health care services are not required to pay for or reimburse costs associated with medical marijuana. See NRS § 453A.800(1).