According to the Substance Abuse and Mental Health Services Administration’s (SAMHSA) 2022 National Survey on Drug Use and Health (NSDUH), cannabis is one of the most commonly used substances worldwide. In the United States alone, nearly 20 million people reported using marijuana in the last month. People turn to marijuana for different reasons; some use it to manage pain, others to ease anxiety, and some simply for recreational purposes. But when it comes to applying for Social Security Disability (SSD) benefits, even medical marijuana use may complicate your claim.
Marijuana and the Law: State vs. Federal
While medical marijuana is legal in Missouri, Oklahoma, Arkansas, and many other states, and both medical and recreational marijuana are legal in states like Illinois, marijuana remains illegal under federal law. Because the Social Security Administration (SSA) is a federal agency, marijuana use—whether legal in your state or not—can negatively affect your disability claim.
Even approved medical marijuana use may raise red flags for an Administrative Law Judge (ALJ), making them more cautious or skeptical when reviewing your case.
How Marijuana Use May Affect Your Claim
When the SSA reviews your application, it will carefully examine whether marijuana plays a role in your disability. They may consider questions such as:
- Has marijuana use contributed to your disability?
- Would your condition still prevent you from working if you stopped using marijuana?
- Are any of your symptoms caused or worsened by marijuana use?
Claims involving mental health conditions—such as depression, anxiety, or bipolar disorder—are particularly vulnerable. Medical and psychiatric experts may testify that marijuana use can intensify psychiatric symptoms, which could harm your case.
That said, if your marijuana use is medically prescribed and documented, you may be able to counter negative testimony. Having medical records that show your marijuana use is part of a treatment plan could help support your claim.
Why Legal Guidance Matters
Because marijuana laws differ between state and federal systems, and because the SSA applies federal standards, navigating this issue can be tricky. An experienced disability attorney can help you:
- Understand how marijuana use may impact your case.
- Gather medical evidence to support your claim.
- Present your situation in the best possible light before the SSA.
Talk to a Disability Attorney About Your Claim
Disability laws are complex, and marijuana use can add another layer of difficulty. At Parmele Disability Advocates, L.L.C., our attorneys combine advocacy with extensive experience in SSD claims. In fact, our legal team has a combined 150+ years of disability experience.
If you have questions about how marijuana use may affect your disability case, call Parmele to schedule a no-cost consultation: 866-889-2570. Together, we will review your situation, answer your questions, and help determine your next best steps.
Parmele Disability Advocates. Disability advocacy for all.