Vermont Medical Cannabis Patient Appeals Denial of Unemployment Benefits to State Supreme Court

LOS ANGELES- A Vermont man is appealing the denial of a portion of his unemployment benefits to the state Supreme Court after being terminated from his job for using medical cannabis.

Ivo Skoric, 59, who represented himself during the hearing, explained that he is legally prescribed medical cannabis by a doctor. He asserted that his work performance remains unaffected by the medication. However, Skoric was fired in January 2023 from his job at Marble Valley Regional Transit District in Rutland for misconduct following a failed drug test. His responsibilities included cleaning and fueling buses and driving them in and out of the garage onto a lot. The state cited this misconduct as the reason for disqualifying him from receiving unemployment benefits.

“As a medical cannabis patient in Vermont to treat disabling conditions under Vermont’s Fair Employment Practices Act disability provisions, I should be protected by state agencies. I should not be disqualified from receiving unemployment,” Skoric stated via the Insurance Journal.

Initially, Skoric appealed to the state Employment Security Board after being deemed ineligible for state unemployment benefits for about a month, with his maximum benefit also capped. In September 2023, the board upheld the decision of an administrative law judge, who ruled that Skoric had violated his employer’s drug and alcohol policy, justifying disciplinary actions including termination. The judge concluded that Skoric’s misconduct warranted the disqualification from the benefits.

Jared Adler, representing the Vermont Department of Labor, contended that the court should uphold the board’s decision. He argued that “Vermont’s drug code does not guarantee unemployment benefits to people who test positive during a random drug screening,” and that Skoric was dismissed for violating a recognized workplace safety policy.

Skoric’s case now rests with the state Supreme Court for a final decision on the matter.