Medical Cannabis After Rescheduling: Defending Workers’ Comp Reimbursement Claims and Building Intoxication Denials That Hold at Hearing

Susan K. H. Conley, Shareholder | Arthur, Chapman, Kettering, Smetak & Pikala, P.A.

Susan K. H. Conley, known as Sue, is a shareholder at Arthur, Chapman, Kettering, Smetak & Pikala, P.A., with more than 25 years of experience representing insurers, employers, and self-insured entities in workers’ compensation and general liability matters. Her practice focuses on defending complex claims, evaluating medical evidence, and addressing liability and damages issues. She has particular experience involving occupational exposure, traumatic brain injuries (TBIs), and complex medical claims, which can present significant challenges for employers, insurers, and claims professionals. In addition to her litigation practice, Ms. Conley provides practical guidance and education to clients and professional organizations on the defense and mitigation of damages in these cases. She also represents clients in motor vehicle accidents, fire litigation, product liability, and premises liability matters.

• Education & Credentials

Ms. Conley earned her Juris Doctor from Hamline University School of Law in 1984. She received a Bachelor of General Studies from the University of Minnesota in 1978 and an Associate of Environmental Science from Normandale Community College in 1975, graduating with High Honors. She also completed a Mini MBA at the University of St. Thomas in 2000. Her professional credentials include admission to the Minnesota Bar in 1984, the U.S. District Court for the District of Minnesota in 1984, and the Iowa Bar in 2014. She also served in the United States Marine Corps.

• Recognition & Leadership

Ms. Conley prevailed in a medical marijuana case before the Minnesota Supreme Court. The case was subsequently appealed to the U.S. Supreme Court, where the petition for a writ of certiorari was denied. This litigation reflects her experience with the intersection of medical marijuana and workers’ compensation law. She was also selected by the American Society of Legal Advocates as one of the Top 100 Litigation Attorneys in Minnesota. Her professional experience includes trying cases before the Minnesota Office of Administrative Hearings and arguing cases before the Workers’ Compensation Court of Appeals.

• Professional Involvement

Ms. Conley is involved with the American Bar Association, including its Litigation Section and Law Practice Management Section, as well as the Minnesota State Bar Association and Ramsey County Bar Association. Clients and industry associations frequently invite her to lecture on workers’ compensation and traumatic brain injuries. Her presentations address complex medical claims, medical marijuana and workers’ compensation, occupational exposure, traumatic brain injury defense, settlement issues, subrogation, Medicare considerations, and emerging legal developments.

Her presentations and publications include “Under the Federal Rule, Are Bierbach and Musta Still the Cannabis Law in Minnesota?,” presented at the 2026 Workers’ Compensation Summit hosted by the Minnesota Department of Labor and Industry in October 2026, and “When Claims Come Alive: Defending the Most Complex Nightmares on Claim Street,” presented at her firm’s Workers’ Compensation Seminar in June 2026. Her previous presentations include “Medical Marijuana and Its Impact on Your Workers’ Compensation Claims – Weeding Through the Weeds” in June 2022, “The Hurdles of Defending Medical Marijuana Claims” in September 2021, and “Pot for Pain: A Courtroom Conundrum in Workers’ Compensation,” published in For The Defense in October 2019.

Her additional work includes “Mastering Complex Medical Issues” in June 2019, “Concentration: Managing Traumatic Brain Injury Claims” in June 2017, “Defense & Evaluation of Traumatic Brain Injuries (TBI)” for Berkley Risk Administrators Company, LLC, in September 2013, and “Managing and Defending Head/Brain Injuries” at SEAK, Inc.’s National Workers’ Compensation and Occupational Medicine Conference in July 2013. She has also presented on COVID-19 occupational exposure and vaccine issues, work-at-home risks, dizziness and headaches, intervention and subrogation, Medicare issues in settlement, chronic pain, occupational disease investigations, independent medical examinations, and legislative and administrative updates affecting workers’ compensation. Her presentation history extends back to at least 2008, when she addressed Minnesota occupational disease, including its scientific, legal, and investigative dimensions.

• Experience

Ms. Conley’s practice focuses on workers’ compensation, general liability, and fire litigation. She works with insurers, employers, and self-insured entities to resolve claims and develop strategies for defending complex and potentially costly cases. Her particular areas of interest include occupational exposure, traumatic brain injuries, and complex medical claims, where medical evidence, causation, damages, and claim evaluation can play important roles.

She has experience litigating cases before the Office of Administrative Hearings and presenting arguments to the Workers’ Compensation Court of Appeals. Her appellate experience includes litigation involving medical marijuana and workers’ compensation, including a case decided by the Minnesota Supreme Court. Beyond workers’ compensation, she has represented clients in motor vehicle accidents, fire litigation, product liability, and premises liability matters.

Through her client education and professional presentations, Ms. Conley shares practical approaches to evaluating medical evidence, defending difficult claims, managing exposure, and mitigating damages. Her combination of litigation experience, appellate work, and extensive speaking activity supports her work in workers’ compensation defense, complex medical claims, traumatic brain injuries, and medical marijuana litigation.

Margaret M. Gedde, MD, PhD, DABPath | Gedde Whole Health, LLC

Dr. Margaret M. Gedde is a physician board-certified in Clinical Pathology by the American Board of Pathology and the founder of Gedde Whole Health, LLC. She maintains a telemedicine medical cannabis practice focused on the use of cannabinoids for the management of epilepsy. Her medical training includes a residency at the University of Pennsylvania Medical Center, where she served as Chief Resident in the Division of Laboratory Medicine and received training across multiple laboratory medicine specialties, including clinical chemistry, medical and forensic toxicology, clinical microbiology, hematology, immunology, molecular genetics, and transfusion medicine. She has also completed postdoctoral fellowships at the University of Pennsylvania School of Medicine and the University of California at Berkeley. Dr. Gedde has served on multiple medical and scientific advisory boards in the cannabis industry, authored or co-authored numerous peer-reviewed publications, and presented at medical and legal conferences on cannabinoid medicine and forensic toxicology. In her six years as an expert witness, she has reviewed nearly 90 cases involving drug and alcohol testing. In cases where her expert witness disclosure report was submitted to the opposition, she reports a 90% success rate for her clients.

• Education & Credentials

Dr. Gedde earned a Bachelor of Arts in Biochemistry, cum laude, from Barnard College, Columbia University, in 1981; a Doctor of Medicine from Stanford University School of Medicine in 1993; and a PhD in Biophysical Chemistry from the Stanford University Department of Chemistry in 1993. She completed her residency in the Division of Laboratory Medicine, Department of Pathology and Laboratory Medicine, at the University of Pennsylvania Medical Center, where she served as Chief Resident, followed by postdoctoral fellowships at the University of Pennsylvania School of Medicine and the University of California at Berkeley. She is board-certified in Clinical Pathology by the American Board of Pathology, a credential she obtained in 1997, and has maintained an active medical license in Colorado since 2004.

• Recognition & Leadership

Dr. Gedde has served on multiple medical and scientific advisory boards within the cannabis industry. She also served as Chief Resident in the Division of Laboratory Medicine at the University of Pennsylvania Medical Center. In her expert witness practice, she has reviewed nearly 90 cases involving drug and alcohol testing during six years of experience and reports a 90% success rate for her clients in cases where her expert witness disclosure report was submitted to the opposition.

• Professional Involvement

Dr. Gedde has authored or co-authored numerous peer-reviewed publications and has presented at medical and legal conferences on cannabinoid medicine and forensic toxicology. Her professional activities also include service on medical and scientific advisory boards in the cannabis industry and maintaining a telemedicine medical cannabis practice focused on cannabinoid use for epilepsy management.

• Experience

Dr. Gedde completed her residency at the University of Pennsylvania Medical Center, where she received training in clinical chemistry, medical and forensic toxicology, clinical microbiology, hematology, immunology, molecular genetics, and transfusion medicine. She subsequently completed postdoctoral fellowships at the University of Pennsylvania School of Medicine and the University of California at Berkeley. Her current clinical practice focuses on the use of cannabinoids for epilepsy management through telemedicine. She also works as an expert witness in drug and alcohol testing cases, having reviewed nearly 90 cases over six years. Her expertise includes forensic toxicology and cannabinoid medicine, areas in which she has also presented at medical and legal conferences.

Jacob D. Farmer, Law Clerk | Arthur, Chapman, Kettering, Smetak & Pikala, P.A.

Jacob D. Farmer is an associate attorney in the Workers’ Compensation Practice Group at Arthur, Chapman, Kettering, Smetak & Pikala, P.A., based in Minneapolis, Minnesota. He earned his Juris Doctor from the University of St. Thomas School of Law in 2026, following his undergraduate studies at the University of Wisconsin–Superior, where he received his Bachelor of Arts degree. Before attending law school, Mr. Farmer served four years on active duty in the United States Air Force as an Intelligence Analyst. His military experience provided a professional background in intelligence analysis before he transitioned to the legal profession.

• Education & Credentials

Mr. Farmer earned his Juris Doctor from the University of St. Thomas School of Law in 2026. He received his Bachelor of Arts degree from the University of Wisconsin–Superior. His published biography does not specify additional certifications or bar admissions.

• Recognition & Leadership

Mr. Farmer’s professional background includes four years of active-duty service in the United States Air Force as an Intelligence Analyst. The available biography does not identify specific awards, honors, or leadership distinctions.

• Professional Involvement

Mr. Farmer is part of the Workers’ Compensation Practice Group at Arthur, Chapman, Kettering, Smetak & Pikala, P.A. His published profile identifies his practice area but does not provide additional details about professional memberships, publications, speaking engagements, or bar association activities.

• Experience

Mr. Farmer is an associate attorney whose practice is focused on workers’ compensation. Before entering the legal profession, he served four years on active duty in the United States Air Force as an Intelligence Analyst. This military experience preceded his legal education at the University of St. Thomas School of Law and his subsequent entry into private practice.

SESSION 1 – Defenses to Work Comp Medical Cannabis Reimbursement after rescheduling from Schedule One to Schedule Three | Susan K. H. Conley & Jacob D. Farmer | 12:00pm – 1:00pm

This session examines the legal and practical defenses available to employers, insurers, and defense counsel challenging workers’ compensation reimbursement claims for medical cannabis following federal marijuana rescheduling. It begins with the Controlled Substances Act of 1970 and the evolution of state laws addressing medical cannabis reimbursement, including the preemption and Supremacy Clause arguments considered in Bierbach, Musta, and other states. The session explores whether specific cannabis products fall within the scope of the federal rescheduling order, the need to establish product identity, state licensing, THC composition, dosage, and compliance with applicable federal requirements, and whether a valid federal prescription and compliant dispensing process exist. It also addresses challenges to medical necessity, including inadequate clinical rationale, lack of objective functional improvement, the availability of conventional treatments, inappropriate dosing, and the absence of evidence supporting continued treatment. Additional topics include proving actual expenses and reasonable charges, evaluating the order’s effective date and potential retroactivity, distinguishing state medical cannabis certification from FDA approval, and assessing the lack of established national standards for cannabis dosing, safety, efficacy, and manufacturing quality. Finally, the session considers state-specific statutory exclusions and reimbursement restrictions, including those in Florida, Alabama, and Ohio, and examines how these defenses apply in the post-order legal landscape.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Using THC Test Results to Build Intoxication Denials That Hold at Hearing | Margaret M. Gedde | 1:10pm – 2:10pm ET

This session examines how toxicology testing can be used to support workers’ compensation intoxication denials, with a focus on the burden of proof in California, Florida, and Georgia and the evidentiary differences between urine and blood cannabis testing. It explores the interpretation of THC-COOH in urine and delta-9 THC in blood, using case reports to illustrate how test results should be evaluated in context, as well as the potential interference of delta-8 THC and its implications for interpreting laboratory findings. The session also addresses common issues that may undermine the reliability or admissibility of toxicology results, including what defense counsel should know and request from the laboratory, and when a Medical Review Officer (MRO) may be involved. Finally, it covers strategies for deposing the claimant’s toxicologist, evaluating the scientific basis for intoxication opinions, and developing a defensible evidentiary record for hearings involving alleged cannabis-related impairment.