You just might not be eligible for unemployment if you get fired from your job for anything related to medical marijuana! Make sure you are extremely careful these days as companies are getting away with more and more bs everyday.

A recent decision from the Colorado Court of Appeals has decided that a medical marijuana user who is fired for a positive drug test result is not eligible for unemployment compensation benefits. In Beinor v. Industrial Claim Appeals Office, ___ P.3d ___, 2011 WL 3612226 (Colo. App. Aug. 18, 2001), the Colorado Court of Appeals upheld the Order of the ICAO denying unemployment compensation benefits to a discharged employee who had tested positive for marijuana. The employee presented evidence that, in accord with his doctor’s recommendation, he used "medical marijuana" for severe headaches.

The employer did not contest the employee's eligibility to use medical marijuana, and it did not argue that the employee's marijuana use adversely affected his job performance. Rather, the employer simply contended that the discharged employee was disqualified from receiving benefits because of C.R.S. § 8-73-108(5)(e)(ix.5). This section of the law allows denial of benefits if the employee tests positive "during working hours" for a "controlled substance" that is "not medically prescribed."