While medical marijuana is legal on a state level in Florida and in many other states, it is not legal on a federal/national level. This causes friction with Social Security Disability cases because Social Security benefits are a federal benefit, as the Social Security Administration (SSA) is a federal agency, not a state agency. Thus, the use of medical marijuana raises red flags for Administrative Law Judges (ALJs) and the SSA because it is not legal at the federal level.
The ALJs who sit on these benches are very conservative in nature, and in their experience, marijuana has traditionally been illegal even when used for medical purposes, so they are used to seeing marijuana only at an illegal/street usage level. Although it is possible to frame medical marijuana use to emphasize the medical basis for the use, it is inevitably a gray area and ALJs are likely to resist.
How To Frame the Argument and Educate a Conservative ALJ On Medical Marijuana
Theoretically, high CBD, low THC marijuana doesn’t get you “high.” Vaping it doesn’t hurt your lungs. Most people eat it. Many use oils or creams. Most people will testify that their cognition is better with medical marijuana than with opiate painkillers. Many people just use it only at night to sleep. While some people were just recreational users who now claim its medicinal, many people tried it when opiate/NSAID/muscle relaxers didn’t work well enough. If we can show the judge that the person is legitimately using marijuana for medical purposes, it probably won’t have a negative impact on the claim. Of course, if they’re just sitting around smoking and playing video games, they’re probably going to lose.
Physical Impairment vs. Mental Impairment Cases
There is a big difference between physical and mental impairment cases. Some people talk about smoking marijuana for their anxiety, but that almost never works with the ALJs. Anecdotally, doesn’t it make you paranoid? How would it help your anxiety? You can rehabilitate it if the person has both physical and mental problems, but if it’s a case based solely on anxiety or depression, and the person smokes a lot of marijuana, it probably won’t work. Basically, judges accept it as a legitimate form of treatment for physical impairments, but not for mental impairments.
If your state requires a doctor’s letter of necessity from a doctor and/or you register for your state’s medical marijuana program, provide this information and any other documentation directly from the medical provider who supports medical marijuana use from a medical standpoint.
Get Help with Your Social Security Disability Claim
Despite the widespread legalization of medical marijuana at the state level, because of the federal nature of Social Security benefits and the corresponding fact that medical marijuana is not legal at the federal level, medical marijuana use will inevitably be a red flag for Social Security adjudicators. That doesn’t mean it’s catastrophic to a case by any means, but it is important to be aware of how medical marijuana use could affect your Social Security Disability claim.
Do you need help proving that your marijuana use is medical in nature and not contributing to your disabling medical condition(s)? The Ortiz Law Firm can help. We will work with you and your doctor to gather evidence and present a strong case. To learn more about how we can help with your claim, schedule a free case evaluation today. Call us at (888) 321-8131 to get started.
