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| Insurers Weigh Marijuana Payments |
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Posted by FoM on July 30, 2001 at 14:28:28 PT By Justin Pritchard, Associated Press Writer Source: Associated Press 
A growing number of medical marijuana users whose backyard pot plants were stolen by thieves or commandeered by police have succeeded in getting insurance companies to reimburse them for the loss. The dollar amounts aren't huge: The pot is supposed to keep one person healthy not sold on the street, where high-grade marijuana is more expensive than gold. However, one insurer paid $12,375 to a man who lost three pounds of pot to an armed intruder. But just as medical marijuana was beginning to gain acceptance as an insurable good, a recent ruling by the Supreme Court in an Oakland, Calif., case has cast doubt on the future of such payments. The court ruled in May that clubs dispensing medical marijuana according to state laws could not use a "medical necessity" defense against federal anti-drug laws, which do not allow for medical marijuana. The court didn't resolve the question of whether individual Americans have a right to marijuana as a pain remedy. Even so, State Farm will deny future claims for medical marijuana, and the other insurers will give them renewed scrutiny, spokesmen said. "It's clearly stated in the homeowners' policy that we will not pay for illegal activities," said Lonny Haskins, the State Farm spokesman. In September 1999, Robert DeArkland of Fair Oaks became the first person known to be reimbursed for marijuana through household insurance. He received $6,500 from CGU California Insurance for 13 marijuana plants seized from his garage by sheriffs' deputies. Insurers generally agree that marijuana becomes a homeowner's personal property under state law when the policyholder has permission to grow or possess it for medical reasons. That's possible in the eight states with state laws allowing medical marijuana -- California, Alaska, Arizona, Colorado, Hawaii, Maine, Oregon and Washington. Even though these laws are in conflict with federal law barring use or possession of marijuana, major insurance companies have made at least a dozen such reimbursements, according to a series of interviews by The Associated Press. Most of the claims have been filed in California. Medical marijuana advocates say insurers are treating the court ruling as political cover, not legal precedent. "If an insurance company is looking for an excuse to save a few dollars and deny a claim, I suppose they can use the Supreme Court case as an excuse," says Keith Stroup, executive director of the National Organization for the Reform of Marijuana Laws. Newshawk: Nicholas Thimmesch II Related Articles & Web Site: Insurance Companies Find Themselves Paying Insuring Medical Marijuana Home Comment Email Register Recent Comments Help |
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| Comment #2 posted by dddd on July 30, 2001 at 17:13:36 PT |
| the insurance companies will no longer cover weed,,,I was suprized they did in the first place.,,,and the SC ruling is the perfect excuse......dddd [ Post Comment ] |
| Comment #1 posted by Sudaca on July 30, 2001 at 16:18:13 PT |
| "However, one insurer paid $12,375 to a man who lost three pounds of pot to an armed intruder" A cop? [ Post Comment ] |
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