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Beinor v. Industrial Claim Appeals Office, No. 10CA1685, Colorado Court of Appeals (August 18, 2011)

Articles Discussing Case:

Colorado Court of Appeals Issues Employer-Friendly Decision in Medical Marijuana Case

Ogletree Deakins • September 20, 2011
The Colorado Court of Appeals recently issued an important decision that sheds some light on the murky intersection between medical marijuana use and employment law. Colorado first passed amendments to the state Constitution in 2000, protecting medical marijuana users from criminal prosecution. In 2009, U.S. Attorney General Eric Holder said the Drug Enforcement Agency (DEA) would end raids on state-approved marijuana dispensaries. Since then, the number of dispensaries and individuals seeking medical marijuana in Colorado exploded. Employers have been left in the dark regarding what to do with employees holding medical marijuana cards and how to handle employees’ use of medical marijuana. Although Beinor deals with the denial of unemployment compensation benefits, it is the first case reviewed by an appellate court in Colorado regarding medical marijuana in the employment context, and provides a favorable result for employers. Beinor v. Industrial Claim Appeals Office, No. 10CA1685, Colorado Court of Appeals (August 18, 2011).