Vermont Supreme Court Denies Unemployment Benefits to Man Fired Over Medical Marijuana Use

A Vermont man, Ivo Skoric, has lost his appeal to the Vermont Supreme Court regarding unemployment benefits after being terminated from his job for using medical marijuana while off duty. Skoric, who represented himself, argued during a May hearing that he is legally prescribed medical cannabis for chronic pain and that it does not impair his work performance. He was fired on January 9, 2023, from his part-time position at Marble Valley Regional Transit District due to a positive drug test, which violated federal regulations for his safety-sensitive role. The Vermont Employment Security Board upheld the decision of an administrative law judge, stating that Skoric's actions constituted misconduct under the employer's drug and alcohol policy, thus disqualifying him from receiving unemployment benefits. Skoric contended that he should not have to choose between his medical treatment and state benefits, a sentiment echoed by the ACLU of Vermont and other advocacy groups who supported his case. Skoric sought a declaratory ruling to clarify whether the misconduct disqualification applied to his off-duty use of medical cannabis, but the state declined to provide one. In its ruling, the Vermont Supreme Court stated that the Labor Department acted appropriately in not issuing a declaratory ruling, emphasizing that Skoric's violation of workplace policy was a valid reason for his dismissal. Following the decision, Skoric expressed disappointment, noting that the ruling did not address the core issue of whether medical cannabis patients in Vermont have the right to use cannabis during their off-hours.