Montana Legislature passes HB 367 regulating marijuana use and worker's comp benefits

House Bill 367, introduced in the Montana Legislature on April 16, 2025, is stirring significant debate as it seeks to redefine the landscape of workers' compensation in relation to drug use, particularly marijuana. The bill aims to clarify the eligibility of employees for benefits following workplace injuries when drug use is involved, especially in the context of medical marijuana.

At the heart of HB 367 is a provision that establishes a presumption of drug use as a major contributing factor in workplace accidents if an employee refuses to take a drug test post-incident. This could have profound implications for workers who use marijuana for medical reasons, as the bill stipulates that if marijuana use is determined to be the major cause of an injury, the employee would be ineligible for benefits. Furthermore, insurers are not required to reimburse costs associated with medical marijuana, which raises concerns about the rights of employees who rely on it for legitimate health issues.

The bill has sparked notable opposition from advocates for medical marijuana, who argue that it unfairly penalizes workers for using a legally prescribed substance. Critics fear that the legislation could deter employees from seeking necessary medical treatment, ultimately impacting their health and safety. Proponents, however, argue that the bill is essential for maintaining workplace safety and accountability, particularly in industries where drug use could lead to severe accidents.

Economic implications are also at play, as the bill could affect insurance costs and employer liabilities. By potentially limiting claims related to marijuana use, insurers may see a decrease in payouts, which could influence premium rates for businesses across the state.

As the legislative session progresses, the future of HB 367 remains uncertain. Stakeholders on both sides are gearing up for further discussions, and the outcome could set a precedent for how states handle the intersection of workers' compensation and medical marijuana use. With Montana's evolving stance on cannabis, the implications of this bill could resonate far beyond the state, influencing similar legislative efforts nationwide.