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MONTPELIER, Vt. (AP) — A Vermont man who lost his job after he said a random drug test showed he had used medical marijuana off duty for chronic pain has appealed to the Vermont Supreme Court saying he should not have been denied a portion of his state unemployment benefits.
Ivo Skoric, 59, representing himself, told the justices Wednesday that he is legally prescribed the medical cannabis by a doctor and his work performance is excellent and not impacted by the medicine. Yet, he said, in January 2023 he was terminated from his job at the Marble Valley Regional Transit District in Rutland for misconduct after a drug test. He said his job was to clean and fuel buses, and he drove them into and out of the garage onto a lot. The misconduct disqualified him from the benefits, according to the state.
“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 said.
A lawyer for the ACLU of Vermont, also representing Criminal Justice Reform, and Disability Rights Vermont, also argued that the benefits should not be denied.
Skoric had appealed to the Vermont Employment Security Board after he was found to be ineligible for state unemployment benefits for the weeks ending January 14, 2023, through February 18, 2023, and his maximum benefit amount was capped at 23 times his weekly benefit, according to the board.
In September 2023, the board agreed with an administrative law judge saying Skoric engaged in conduct prohibited by the employer’s drug and alcohol policy, “exposing him to discipline including termination of his employment,” and that because he was discharged for misconduct he was disqualified from those benefits.
The board wrote that it recognizes that Skoric engaged in conduct that is legal in Vermont and that he had “a legitimate and compelling reason to use medical cannabis for treatment.”
But “employers may set workplace policies that prohibit otherwise legal behavior,” the board wrote, saying that it agreed with the administrative judge that the minimum disqualification is appropriate.
The board later declined Skoric’s request for a declaratory ruling on whether the misconduct disqualification provision applied to the off-duty use of medical cannabis, which he asked the state Supreme Court to review.
Jared Adler, a lawyer representing the Vermont Department of Labor, said the court should affirm the board’s decision because he was discharged for misconduct for violating an acknowledged workplace safety policy and because “Vermont’s drug code does not guarantee unemployment benefits to people who test positive during a random drug screening.”
When asked by a justice if there’s a distinction between consumption and impairment Adler said there is but “there’s no clean way” for an employer to distinguish between consumption and impairment in the case of cannabis because, unlike other drugs, it can exist for an extended period of time in an individual’s system after consuming it. Skoric also said that even though he had used the medical cannabis off-duty, it can show up days later in someone’s system, which makes the testing meaningless.
There’s a balancing test for trying to protect both the public and an employer’s need to conform their policies with federal law, Adler said. Skoric acknowledged his employer received up to 60% of their funding for their business from federal grants, Alder said.
So it was extremely important to ensure that the employer adhere to these federal rules and not risk losing that revenue, Adler said.
Skoric said his position is that “off-duty use of cannabis for state-sanctioned medical purposes cannot and should not be qualified as misconduct by the state.”
“I should not have to choose between state benefits and the medical care (the) state granted me to use,” he said. “I should never be put in that impossible position to choose between benefits and the legal medicine I use.”
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What good is a penny at this point? Penny candy is a thing of the past, and a modern-day penny-pincher wouldn’t get very far if this were their get-rich strategy.
(This newsletter, though, costs you less than a penny. Chip in if you can.)
U.S. mints no longer make pennies, a decision that saves taxpayers an estimated $56 million annually. When the U.S. Treasury Department announced the country would stop minting them, it marked the end of an era — sorta.
Though those pesky copper-colored coins remain in circulation, some businesses, both in Vermont and nationwide, have begun experiencing penny shortages.
Enter H.837. The bill outlines a plan that could allow retailers to phase out the penny by rounding up or down cash transactions to the nearest nickel.
Other states, including Arizona and Indiana, have passed rounding legislation, and a handful of others are considering it. As written, Vermont’s bill wouldn’t require rounding, a similar approach favored in other jurisdictions.
Some Vermont businesses have already adopted rounding. But lobbyists for Vermont businesses say some of their members fear the practice — without explicit state blessing — could open a business up to a lawsuit over alleged unfair and deceptive practices.
Worried or not, rounding will likely become more necessary as pennies get harder to find, Maggie Lenz, a lobbyist for the Vermont Retail and Grocers Association, told the House Commerce and Economic Development Committee Tuesday. She encouraged the state to create a rounding framework, but discouraged lawmakers from making such a program mandatory.
Rep. Tony Micklus, R-Milton, agreed that rounding should be optional, but said the state should mandate a specific rounding framework for the businesses that choose to round.
H.837’s approach, which would round down totals ending in 1,2,6 and 7 cents, and round up totals ending in 3, 4, 8 and 9 cents, would seem to be the fairest to consumers and businesses, those who testified agreed.
But the change is likely not net neutral. Zachary Tomanelli, a consumer protection advocate for the Vermont Public Interest Research Group, cited a Federal Reserve study that indicated rounding could cost consumers $6 million annually nationwide. That’s because businesses price goods in ways that tend to lead to rounding up.
He called the cost modest and said he generally supported the bill.
Despite H.837 not making it past the crossover deadlines, there’s still hope that pennies might make it into Vermont’s currency cemetery. Rep. Michael Marcotte, R-Coventry, the commerce committee’s chair, said his committee could stick the rounding legislation in the Senate’s economic development bill.
That said, you might not want to ditch your pennies quite yet.
Here are some numbers for you: Between 2012 and 2022, Vermont’s primary care workforce declined by 13%. In that same time period, the specialist workforce grew by 23%. That’s according to testimony Jessa Barnard, with the Vermont Medical Society, gave to lawmakers in the House Health Care Committee Tuesday. She said the numbers are reflective of a trend in medicine nationwide, attributed to the fact that primary care docs often make less but pay the same high cost for medical school as their peers in more specialized roles.
In Vermont, Barnard said that this widening gap is leading to a particularly acute shortage. According to a report her organization put out in 2022, the state needs 115 primary care providers to meet the national benchmark for our population size. That figure includes OBGYNs, pediatricians and family medicine docs. By 2030, as our state’s population grows even older, the Vermont Medical Society expects the state to need 370 more primary care physicians to meet the national benchmark.
— Olivia Gieger
Sen. Alison Clarkson, D-Windsor, spoke with members of the House Commerce and Economic Development Committee Tuesday afternoon about S.327, an economic development bill that supports a number of public resources for business owners across the state.
The bill has had a tough go of it so far.
Clarkson handed out copies of what she referred to as “the actual bill,” which meant the package voted out by her own Senate Economic Development Committee before being “pretty much fully gutted” on its way through the Senate Appropriations Committee.
In a tight budget year, she said, this bill’s focus was on “supporting what works really well” for Vermont businesses. For Clarkson, that means continuing to invest in the initiatives like the Vermont Economic Growth Incentive program, a set of grants to help businesses expand in the state, which is scheduled to end in January. The Senate, she pointed out, has voted to extend the program for several years in a row, most recently through S.327.
“I am charging the House with doing the same thing,” she said.
Clarkson is also in favor of deepening the state’s relationships with outside investors by funding state delegates abroad. Vermont, she argued, should have more well-placed representation in areas like Québec — which this bill would provide for — and in the future Taiwan, which recently pledged to invest heavily in U.S. tech industries.
“We need somebody whose hand is up saying ‘yes, over here!’” Clarkson said.
House commerce members met informally with a delegation from Taipei later Tuesday.
— Theo Wells-Spackman
The Senate advanced a bill Tuesday that would allow parents in Essex County to pay tuition to send pre-K students to New Hampshire schools.
In Vermont’s most rural county, families struggle to access pre-K programs, at least on this side of the border.
But S.214, legislation originally proposed by Sen. Kesha Ram Hinsdale, D-Chittenden Southeast, would allow for a handful of families near the New Hampshire border in Essex County to tuition their pre-K-aged children to New Hampshire schools, Sen. Steve Heffernan, R-Addison, said on the Senate floor.
Kindergarten through grade 12 are already able to tuition to New Hampshire schools.
The Senate will need to vote on the bill once more before sending it to the House.
— Corey McDonald
Vermont and the federal government faced off Monday over the state’s first-in-the nation law aimed at forcing polluters to pay for the effects of climate change with the Trump administration warning it would spur “the type of chaos that the Constitution is designed to prevent.”
The hearing before Judge Mary Kay Lanthier of the U.S. District Court for the District of Vermont comes as the administration has unleashed a broad assault on state-based climate efforts, including suing to invalidate the Vermont law establishing a “climate superfund” to recoup money from the oil and gas industry.
The Biden appointee did not tip her hand, pressing attorneys for the state and the federal government over whether the state is within its rights or stepping on federal authority. The administration is challenging a similar law in New York, and a ruling against Vermont would likely jeopardize that law and chill efforts in other states to adopt climate superfunds.
Vermont argued the law — “a modest action” — was passed by state lawmakers in 2024 to help raise money to deal with climate change.
RUTLAND, Vt. (WCAX) – Attorneys defended Vermont’s landmark climate superfund law on Monday, as it faces a lawsuit filed by the Trump administration.
Vermont lawmakers passed the Climate Superfund Act in 2024 after devastating flooding in 2023 and other extreme weather events.
The law requires certain large fossil fuel companies to help cover the costs of climate-related damage linked to their emissions between 1995 and 2024.
It is being challenged by the federal government, along with the American Petroleum Institute, the U.S. Chamber of Commerce and attorneys general from 24 Republican-led states.
They argue Vermont is overstepping and that climate policy should be handled at the federal level.
Attorneys for Vermont and environmental groups asked a federal judge in Rutland to dismiss those challenges, arguing the state has the right to hold companies accountable.
“It was an intense and technical day of legal arguments over whether the Climate Superfund Act passes muster under federal law, and whether it is appropriate under our Constitution and other doctrines, and is going to survive this series of lawsuits that have been filed against it,” said Christophe Courchesne of the Vermont Law and Graduate School.
Vermont was the first state to pass a law like this. New York followed, and more than 10 other states are considering similar measures.
This case could help decide whether those laws move forward.
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