If your loved one’s life insurance claim was denied because of marijuana use, the decision can feel shocking, especially when cannabis is legal in your state. Insurance companies often rely on drug exclusions or alleged application misstatements to justify these denials. However, many cannabis related denials are legally flawed and can be overturned.
Understanding how insurers analyze marijuana use after a death, and when their reasoning crosses the line, is critical to protecting your family’s rights.
Why Life Insurance Companies Deny Claims Involving Marijuana
Most marijuana related claim denials fall into two categories: drug exclusion clauses and allegations of material misrepresentation during the application process.
Drug Exclusion Clauses
Many life insurance policies, especially accidental death riders, contain exclusions for deaths involving drug use. Insurers may argue that cannabis qualifies as an excluded substance, even in states where marijuana is legal.
This interpretation is often overly broad and legally questionable, particularly when there is no clear connection between cannabis use and the cause of death.
Alleged Misrepresentation on the Application
Insurers may also claim that the policyholder failed to disclose marijuana use during underwriting. They label this omission a material misrepresentation and attempt to void the policy entirely.
Whether this argument holds up depends on several factors, including how the application questions were worded, whether marijuana was legal at the time, and whether the insured was ever asked specifically about cannabis use.
Marijuana, Contestability Periods, and Post Death Investigations
Most life insurance policies include a two year contestability period. If the insured dies during this window, the insurer can reexamine the application and medical records to look for omissions or inaccuracies.
If medical files show cannabis use that was not disclosed, insurers may attempt to rescind the policy, even if marijuana had nothing to do with the death.
These denials are often challenged successfully when:
The application did not specifically ask about marijuana
Cannabis use was legal or medically prescribed
The alleged omission had no connection to the cause of death
The insurer relied on vague or subjective underwriting standards
Courts frequently reject retroactive denials based on technicalities that did not affect the insurer’s original risk assessment.
Medical Marijuana and Life Insurance Denials
Even when cannabis is prescribed legally, insurers may still attempt to deny claims by arguing:
The insured failed to disclose medical marijuana use
Cannabis allegedly contributed to the death
A drug exclusion applies regardless of state law
These cases are highly fact specific. Insurers often stretch policy language to deny benefits, especially when toxicology reports show THC presence without evidence of impairment or causation.
We routinely see denials where marijuana is mentioned in passing in medical records, yet insurers treat it as the central issue despite no medical or forensic link to the death.
Cannabis and Accidental Death Policy Exclusions
Accidental death and dismemberment policies are especially prone to cannabis related denials. Insurers may claim that marijuana use voids coverage if:
THC appears in a toxicology report
The death involved a vehicle, fall, or accident
The insurer alleges impairment without proof
These denials are often speculative. The presence of THC alone does not establish impairment, fault, or causation. Many courts require insurers to prove a direct connection between drug use and the fatal event, not merely suggest one.
Challenging a Marijuana Related Life Insurance Denial
If a claim was denied due to cannabis use, it is important to act quickly and strategically.
Start by reviewing the denial letter and identifying the exact clause the insurer relied on. Then examine the application to see whether marijuana use was actually asked about or disclosed accurately.
Strong challenges often focus on:
Ambiguous application questions
Overbroad drug exclusion language
Lack of causation between cannabis and death
Legal use under state law
Improper reliance on toxicology alone
We Fight Wrongful Marijuana Related Denials
Our firm regularly challenges life insurance denials involving cannabis, including:
Contestability denials based on alleged nondisclosure
Claims denied after minor THC findings
Accidental death exclusions misapplied to legal marijuana use
Medical marijuana claims treated as illegal drug use
Each case turns on policy language, medical evidence, and state law. Many families are entitled to benefits even after an initial denial.
If your claim was denied or delayed because of marijuana use, do not assume the insurer is right. These cases are often winnable with experienced legal intervention.
Contact us today to have your denial reviewed.