Potential Reclassification of Marijuana May Impact Injured Workers in Virginia
An 800-patient study conducted by Vertanical, a German drugmaker, showed an experimental medication made from marijuana successfully reduced back pain, offering further support for the drug’s potential in treating one of the most common forms of chronic pain. The new medication contains tetrahydrocannabinol (THC), but levels of the chemical are essentially a microdose compared to products sold at marijuana dispensaries in the United States.
The results of the study provide an argument for an alternative to current drugs used to reduce pain. Over-the-counter pain relievers, such as ibuprofen, lack the ability for long term use given their side effects, which include stomach ulcers and indigestion. After the overprescribing of painkillers in the 1990s and 2000s, which led to the ongoing opioid epidemic, opioids are also no longer recommended.
Side effects of the study included dizziness, headache, fatigue, and nausea, which led to more than 17% of people discontinuing the experimental medication early. When compared to opioids, research stated the dropout rate was lower than what is typically reported with opioids.
At present, marijuana is currently classified as a Schedule I drug, meaning it has no currently accepted medical use in treatment, even under medical supervision. Due to this classification, the Virginia Workers’ Compensation Commission is unable to force employers to pay for prescriptions containing THC in Virginia. This inability was reaffirmed in Judith Fox v. Earth Movers, Inc., JCN VA00000451717 (May 22, 2023). In that case, the Commission cited obstacle preemption, arguing that requiring the defendants to “directly subsidize” the claimant’s cannabis possession would constitute a “direct obstacle” to the objectives of the Controlled Substances Act (CSA). Judith Fox v. Earth Movers, Inc., JCN VA00000451717 (May 22, 2023) at 8.
In August of 2025, the Trump Administration hinted at reclassifying marijuana under the CSA. “I’ve heard great things having to do with medical, and I’ve had bad things having to do with just about everything else,” Trump said Monday. During his campaign, Trump posted on social media stating he would “focus on research to unlock the medical uses of marijuana to a Schedule III drug.”
While the Trump administration appears keen on reclassification, the move faces resistance from conservatives and law enforcement groups. The National Sheriffs’ Association cited prior determinations that marijuana has a “high abuse potential” and provided examples of cases of “extreme intoxication” and fatal vehicle crashes.
Over the past dozen years, the number of jurisdictions legalizing recreational marijuana for adults rose to 24 states and the District of Columbia. The medical use of marijuana is already allowed in 40 states and the District of Columbia. During a Senate Judiciary Committee hearing in September of this year, Trump’s nominee for White House drug czar, Sara Carter, said the administration is keeping “all options” on the table as it continues to consider whether rescheduling THC is appropriate.
Currently, it is unclear whether the Trump administration will decide to move forward with rescheduling THC. The drug’s reclassification to Schedule III would make it eligible for medical use, subject to any federal regulation. In turn, reclassification would allow the Virginia Worker’s Compensation to force employers to pay for prescriptions containing THC in Virginia. While the process might take years, the decision would significantly impact insurance companies. In order to cover for medical marijuana, insurance companies would be required to add cannabis to their drug formulary, a list of medications approved for its members. This addition would require approval from an insurance company’s Pharmacy and Therapeutics Committee, which some committees may be cautious to make given the impact on commercial and automobile policies.
The process to reclassify marijuana is extensive and could take years before completion, but these recent developments indicate the potential for a new avenue for claimants in Virginia to treat their chronic pain.
Should you have any questions about any matters related to Virginia Workers’ Compensation claims, please do not hesitate to contact this author or any of the other attorneys at Ford Richardson.
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