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A federal court in New Mexico has dismissed a lawsuit from a medical marijuana operator and patients, ruling that health plans from Blue Cross & Blue Shield of New Mexico aren’t required to pay for cannabis to treat behavioral health conditions.

Judge Martha Vazquéz of the U.S. District Court for the District of New Mexico wrote in her decision on Wednesday that state law does not require insurance to cover medical marijuana. And if it did, she added, “such a requirement would be preempted by federal law.”

Plaintiffs in the case, New Mexico Top Organics v. Blue Cross and Blue Shield of New Mexico, sought a ruling that medical marijuana “should be fully covered by health insurance, both for individuals with Medicaid insurance and for individuals who have private insurance,” according to Vazquéz’s decision. They argued that the “aggregated effect of New Mexico statutes”—including the state’s medical marijuana law and a state tax law prohibiting insurers from imposing cost-sharing on behavioral health services—created an obligation to cover patients’ medication.

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https://www.marijuanamoment.net/insurance-companies-are-not-required-to-cover-medical-marijuana-federal-judge-rules/

https://dockets.justia.com/docket/new-mexico/nmdce/1:2022cv00546/476989

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• ⚖️ Case Overview The case involves New Mexico Top Organics filing a suit against Blue Cross and Blue Shield of New Mexico regarding coverage for medical cannabis, which was dismissed by a federal judge. source
• Case Filing The lawsuit was officially filed in the New Mexico District Court on July 22, 2022. source
• Ongoing Legal Issues The case highlights ongoing legal challenges regarding insurance coverage for medical cannabis in New Mexico. source