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Medical pot user who lost job after drug test takes case over unemployment to Vermont Supreme Court

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Medical pot user who lost job after drug test takes case over unemployment to Vermont Supreme Court


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“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.”

Ivo Skoric stands outside the Vermont Supreme Court building in Montpelier, Vt., Wednesday, May 29, 2024, after justices heard his appeal. AP Photo/Lisa Rathke
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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.

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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.”

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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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Vermont awards $28 million for affordable housing

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Vermont awards  million for affordable housing


The Vermont Housing Finance Agency Board of Commissioners has awarded tax credits that will generate $28 million for developing 241 apartments, according to a community announcement.

The homes will serve low-income renters in seven communities across the state, according to the announcement.

Awards of federal Low Income Housing Tax Credits and state rental tax credits come as development costs and the demand for more affordable housing rise, according to the announcement. Since 2020, the cost to develop an affordable apartment and the number of Vermonters experiencing homelessness have both doubled, according to the announcement.

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Competition for tax credits among developers is strong and the criteria for awards is rigorous, according to the announcement.

Three projects will receive $26 million for development costs.

  • Highgate Village Housing in Highgate will create 30 apartments. Construction will begin in June 2027 with move-in starting in August 2028. The developer is Cathedral Square Corporation.
  • Champlain Housing Trust and Evernorth are developing the Park Street Apartments in Winooski, which will have 24 units. The site is considered a brownfield and will be cleaned to state standards prior to construction. Occupancy is estimated for 2028.
  • Twin Pines Housing Trust and Evernorth are developing the Sykes Mountain Apartments in White River Junction, which will have 48 units. Move-in is expected in December 2027.

Four additional development projects will receive an estimated $1.9 million from a state rental tax credit program for development costs.

  • Cornerstone Housing Partners and Evernorth are working on the Arlington Village Center, which will have 30 apartments. The project involves the preservation and rehabilitation of 29 existing apartments and the construction of one new apartment across 11 buildings.
  • RuralEdge and Evernorth are rehabilitating the Caledonia Renaissance Apartments in St. Johnsbury, which will have 18 units. The project will preserve 18 affordable apartments across five buildings.
  • Cathedral Square Corporation and Evernorth are working on the Round Barn project in Grand Isle, which will have 24 units. The project involves the rehabilitation and construction of 24 apartments for aging people in two buildings.
  • Jonathan Rose, Ride Your Bike and Champlain Housing Trust are developing the Ride Your Bike Building in Burlington, which will have 67 units. The project is part of a larger 240-plus housing development and is the first phase of a master plan for a currently underutilized parking lot.

This story was created with the assistance of Artificial Intelligence (AI). Journalists were involved in every step of the information gathering, review, editing and publishing process. Learn more at cm.usatoday.com/ethical-conduct.



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Vermont barn-building ‘legend’ still visits every job site at 83

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Vermont barn-building ‘legend’ still visits every job site at 83


ORWELL, Vt. (WCAX) – Bud Carpenter is about to take a trip down memory lane.

“Heading to Poultney,” Carpenter said.

The ride there is dotted with silos, with many of the barns he built. “This is one of our buildings here; there’s one over there,” Carpenter points out. And then there’s a building in Orwell.

“That post office over… we built that in the early 70s,” Carpenter said.

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Reporter Joe Carroll: Have you figured out how many buildings you’ve built through the years?

Bud Carpenter: You know, I thought about that a lot; I really haven’t.

Bud Carpenter Incorporated, or BCI, started on a “wing and a prayer.” “I just started working, I’d do anything, I’d wash windows, I would paint. I’d even cut meat in the store,” he said. “My first year in business in 1965, I grossed $3,600… Somehow, we made it all work; I don’t know how.

With hard work came jobs and some mistakes. “I’ve done a lot of foolish things,” Carpenter said. “Like get into the used car business.”

Reporter Joe Carroll: How did you have the time to do all of this?

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Bud Carpenter: I ask myself a hundred times.

There are massive cow barns to small horse barns, like one in Poultney. “We just did this one last year,” Carpenter said.

With a bum knee and a pacemaker, the 83-year-old no longer works on site.

“He’s a barn building legend!” said Todd Boutwell, Carpenter’s son-in-law, who took over running the day-to-day operations last year. “He’s still there, every day.”

“I like to come out to all of them, I’m on all of them, one time or another, yeah,” Carpenter said.

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Back on the road, the conversation turns personal. “I think the hardest part is when I went through a divorce. I had problems with my wife, and we divorced, that’s probably the hardest thing I did,” Carpenter said. “And that’s having to go back on my word… When you get married, you take your vows.”

He has since remarried. Beth and Bud have been together for decades.

And then there was the heavy drinking. “I worked hard, and I drank hard,” Carpenter said. “But I never missed a day of work in my life.”

The drinking has been cut significantly. His recollections of what he’s done are numerous. “You get a little choked up at times on it, everywhere you go, you see things you’ve done: It makes you proud,” he said.

A journey that continues.

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New UVA Coach Cassese Makes Splash, Hires Feifs as Top Assistant

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New UVA Coach Cassese Makes Splash, Hires Feifs as Top Assistant


Kevin Cassese has made his first big move as the head coach at Virginia, hiring Vermont head coach Chris Feifs as his defensive coordinator and top assistant. Inside Lacrosse first reported the news Wednesday, after which Vermont issued a formal announcement.

Feifs has previous experience in the ACC, having served as North Carolina’s defensive coordinator under Joe Breschi when the Tar Heels won the national championship in 2016. He left after that season to become the head coach at Vermont, where in 10 seasons he led the Catamounts to a 78-59 record and America East championships in 2021 and 2022.

“Chris poured his heart and soul into the program,” athletic director Jeff Schulman said.

Feifs was named the America East Coach of the Year in 2023 after leading Vermont to a regular season conference title.

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“I will look back at the past 10 years as the single greatest growth period of my life,” he said.

Now he’ll play a key role in remodeling Virginia’s defense in his likeness. The Cavaliers ranked 39th in Division I last season allowing 11.12 goals per game. They do boast one of the best close defensemen in the country in John Schroter, who will be a redshirt senior next season. The goalie position is uncertain after Virginia turned to Air Force transfer Jake Marek as the starter this year and Kyle Morris entered the transfer portal.

Virginia has moved swiftly since making the surprise decision to part ways with Lars Tiffany on May 18 and issuing a terse press release announcing the departure of a head coach who led the Cavaliers to national championships in 2019 and 2021 and the ACC championship this year. Eight days later, they elevated Cassese — an offensive coordinator with extensive previous head coaching experience at Lehigh — to head coach.

Eight days after that, Cassese has his top lieutenant.



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