On the one hand, marijuana remains a controlled substance under U.S. law as it has been since 1970. In fact, it’s classified as a Schedule I drug under the Controlled Substances Act, meaning “it has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision,” according to a U.S. Department of Justice/Drug Enforcement Administration fact sheet.
“Although some states within the United States have allowed the use of marijuana for medicinal purpose, it is the U.S. Food and Drug Administration that has the federal authority to approve drugs for medicinal use in the U.S.,” the fact sheet continues.
On the other hand, medical insurers in New Mexico have recently been sued by plaintiffs who argue they should shoulder the cost of medical cannabis because it’s a behavioral health service. The 2021 Senate Bill 317 requires insurers to cover 100% of behavioral health services, including prescribed treatments of behavioral health conditions.
