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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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A portion of a Vermont highway has been shut down following a rock slide on Tuesday.
Vermont State Police said in an email around 1:22 p.m. that they had received a report of a rock slide on Route 5 in Fairlee, just south of the Bradford town line.
“Initial reports are of a substantial amount of rock & trees in the roadway, making travel through the area difficult or impassable,” they said. “Motorists should seek alternate routes or expect delays in the area.”
Route 5 is a nearly 200-mile, mostly two-lane highway running from the Massachusetts border to Canada.
In an update shortly after 2 p.m., state police said Route 5 in Fairlee between Mountain Road and Sawyer Mountain Drive will remain closed while the Vermont Agency of Transportation assesses the stability of the roadway.
No further details were released.
Vermont meets Maine and Smith in America East Final, fresh off her 26 Pts, 12 Reb, 4 Ast game
22.7 PPG 10.5 RPG 4.8 APG
vs
62.3 PPG 65.8
28.4 RPG 29.8
13.4 APG 12.1
11.2 TPG 9.9
60.1 PPG Allowed 51.5
Vermont has some big problems that desperately need fixing! Many of them are connected, in a variety of ways to a symptom rarely discussed. The population of Vermont is falling while the population of the United States is growing. Vermont has been losing people for the last few years. The reasons include deaths in Vermont outpace births; between 2023 and 2024 there were 1,700 more deaths than births. More people left the state than moved into Vermont. In another worrying sign the birthrate in the United States is down 25 percent since 2007 when the decline began. Another symptom may be that weekly take home pay in Vermont is about $400.00 less than the national average. Taken together these problems should set off alarms about our future.
S, it should not be a surprise that our schools throughout the state have a diminishing number of students while simultaneously school budgets are skyrocketing upward. Yes, it is costing us more to educate fewer students, and Vermonters are rarely wealthy. Maintaining quality schools is expensive. The average pay for public school teachers in the United States is $72,030. The average pay for a public-school teacher in Vermont is only $52,559. A nearly $20,000 gap is hardly an incentive to attract the best of the best. Good teachers are a precious commodity.
Gov. Phil Scott has demanded the Legislature do something about education costs in the Green Mountain State. Legislators have been spending much more time on this problem than any other facing the state. There have been various proposals, one of the latest is from Sen. Seth Bongartz of Manchester that would create a two year “ramp period” for school districts to merge voluntarily. Two years is a long time to wait when the problem is financially urgent. School mergers are inevitable in many areas which will mean the eventual closing of several small elementary schools. The closing in many cases means long bus rides for little kids.
One idea that has not been discussed is increasing, substantially, Vermont’s population over the next decade or so. We don’t have enough students to make financial sense for our small rural schools. We need more property-owning people whose taxes will help balance our cash-strapped education budgets. Why doesn’t the Legislature think about a campaign to entice people to move to the Green Mountain state?
In the 1960s Vermont’s economic development officials, under new Gov. Phil Hoff, launched a marketing campaign that was known as “Vermont the Beckoning Country.” The campaign was remarkably successful, bringing thousands of people to a place that at that time had largely skipped the Industrial Revolution. Vermont’s ski industry began growing by leaps and bounds then, bringing in large numbers of people new to the state. Entrepreneurs, many of them World War II veterans, began developing ski resorts in the Green Mountains. They attracted thousands of visitors and some of those visitors fell in love with Vermont. They stayed. These Flatlanders changed the state, making it more liberal, and more environmentally conscious. Gov. Hoff, the first Democrat elected governor since 1853, was followed by a wave of successful liberal politicians who turned Vermont from red to blue. People can differ about the whether the political transformation improved the state or destroyed it, but the state undoubtedly grew more prosperous.
Vermont has plenty of land that can be used to build new housing. New people can bring fresh ideas and the capital needed to create new businesses with good jobs. More families living in more houses means more property taxes going to schools. It should also lighten the load for the current financially stressed Vermonters.
A well-financed advertising campaign to entice new people to make Vermont their home will make us more prosperous. More taxpayers can be one of the many solutions needed to save our struggling education system.
Clear the cobwebs off the old slogan and invite a whole new crop of young, energetic families to Vermont the Beckoning Country!
Eric Peterson lives in Bennington. Opinions expressed by columnists do not necessarily reflect the views of Vermont News & Media.
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