Many people believe that if they have a medical marijuana card, they do not have to worry about their marijuana use affecting their Social Security disability case.
The reasoning seems simple enough. If the state says it is legal and a doctor prescribed it, then it should not be a problem.
Unfortunately, that’s not always true.
Federal vs. State Law
While a majority of states allow medical marijuana usage, marijuana is still illegal under federal law. Social Security is a federal program and classifies marijuana as a controlled substance. They do not legally recognize it as a prescribed medical treatment.
That does not mean a person cannot receive disability benefits if they use medical marijuana.
However, it does mean that marijuana use can sometimes complicate a disability case.
What Are The Complications?
One of the biggest issues is that marijuana can affect the way a person thinks, remembers, and concentrates. For example, marijuana can cause:
- Trouble focusing
- Memory problems
- Slower thinking
- Drowsiness
- Difficulty paying attention
Now, think about some of the most common reasons people apply for disability benefits:
- Depression
- Anxiety
- PTSD
- Bipolar disorder
- Other mental health conditions
These conditions can often cause many of the same side-effects as marijuana usage.
If a person has difficulty concentrating or remembering things, Social Security may have questions about what is causing those problems.
- Are they being caused by depression?
- Are they being caused by anxiety?
- Or could marijuana usage be contributing to the problems?
This answer matters, because before you receive disability benefits, you have to prove that the impairment that is preventing you from working was caused by illness or injury.
Since the SSA does not consider marijuana as a prescribed medical treatment that brings health benefits, they will question whether it is the marijuana use that is causing your symptoms or making them worse.
If Social Security believes that marijuana usage plays a part in or is the main cause of the health impairment that makes it impossible for a person to work, benefits may be denied.
Will any marijuana use mean a denial of benefits?
No, this does not mean everyone who uses medical marijuana will automatically be denied disability benefits.
It simply means that having a medical marijuana card to explain the marijuana in your system doesn’t hold any weight with the SSA. Since the SSA doesn’t consider it a medical treatment, they will look closely at any side-effects it could be causing, and question whether your condition would improve and allow you to work if you stopped using the marijuana.
Best Practices
The safest approach is to be honest about marijuana use, follow medical treatment recommendations, and make sure medical records clearly document the health problems that prevent work.
The bottom line is simple: a medical marijuana card may protect a person under state law, but it does not automatically protect a Social Security disability claim.
If your health keeps you from working, you deserve a fair shot at disability benefits. At Disability Advocates, we help people understand their rights and avoid costly mistakes.