A Vermont man who was terminated from his job at the Marble Valley Regional Transit District in Rutland due to failing a drug test for medical marijuana use has had his appeal to the Vermont Supreme Court denied regarding unemployment benefits. Ivo Skoric, who represented himself, explained during the hearing in May that he uses medical cannabis legally prescribed by a doctor for chronic pain, and it does not affect his work performance. However, he was fired from his role cleaning and fueling buses on Jan. 9, 2023, after the drug test revealed marijuana in his system.

Skoric’s position was classified as “safety sensitive,” requiring a commercial driver’s license with occasional bus operation responsibilities. The Vermont Employment Security Board agreed with the decision to deny Skoric unemployment benefits, citing his violation of the employer’s drug and alcohol policy as misconduct, rendering him ineligible for benefits.

Despite arguments from Skoric and the ACLU of Vermont, along with Disability Rights Vermont and Criminal Justice Reform, advocating that benefits should not be withheld, the state declined to issue a declaratory ruling on whether off-duty medical cannabis use qualified as misconduct. The Vermont Supreme Court supported the state’s decision, emphasizing that Skoric’s breach of workplace policy was grounds for disqualification from benefits.

Skoric expressed disappointment with the court’s ruling, highlighting the absence of discussion on the rights of medical cannabis patients in Vermont to use marijuana during non-working hours. The court did not delve into the substance of his case concerning the conflict between state benefits and medical treatment, raising questions on the intersection of employment policies and medical cannabis usage.