Beinor v. Industrial Claim Appeals Office
262 P.3d 970
Colo. Ct. App.2011Background
- Claimant Beinor was terminated by Service Group, Inc. for testing positive for marijuana under a zero-tolerance policy.
- Claimant used marijuana for severe headaches under Colorado's medical marijuana amendment (Colo. Const. art. XVIII, §14) and lacked a registry card but had physician certification.
- The unemployment benefits panel disqualified Beinor under § 8-73-108(5)(e)(IX.5) for the presence of not medically prescribed controlled substances during working hours.
- Hearing officer had reversed the denial, finding no reliable evidence of impairment or fault; the Panel reversed, applying the medical marijuana amendment as not creating a broad exception to the disqualification.
- The court affirmed the Panel, holding that medical marijuana use under the amendment is not a prescription and therefore not shielded from the disqualification; federal law remains applicable and the employer’s policy remains valid.
- Judge Gabriel filed a dissent arguing the amendment creates a right to possess and use medical marijuana that should shield the claimant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 8-73-108(5)(e)(IX.5) apply to Beinor's case? | Beinor | Panel | Yes, disqualification applies |
| Does the medical marijuana amendment provide a broad right to use marijuana that overrides the disqualification? | Beinor's constitutional right to medical use | Amendment creates exception to criminal laws, not a broad right | No broad right; amendment exempts criminal liability but does not bar the unemployment-disqualification statute. |
| Is there substantial evidence supporting the Panel's ruling? | Claims lack of impairment evidence | Test results and policy support disqualification | Yes, substantial evidence supports denial of benefits |
Key Cases Cited
- Slaughter v. John Elway Dodge Sw./AutoNation, 107 P.3d 1165 (Colo. App. 2005) (unemployment benefits disqualification under policy)
- People v. Clendenin, 232 P.3d 210 (Colo. App. 2009) (medical marijuana amendment scope)
- Roe v. TeleTech Customer Care Mgmt. (Colo.), LLC, 257 P.3d 586 (Wash. 2011) (employer not required to accommodate medical marijuana off premises)