Beinor v. Industrial Claim Appeals Office

Judge GABRIEL

dissenting.

I agree with the majority's conclusion that the medical use of marijuana by an employee holding a registry card under article XVIII, section 14 of the Colorado Constitution (medical marijuana amendment) is not pursuant to a prescription and therefore does not constitute the use of "medically prescribed controlled substances" within the meaning of section 8-78-108(5)(e) (IX.5), C.R.S8.2010. The question thus becomes whether application of section 8-78-108(5)(e) (IX.5) to deny claimant benefits here violated the medical marijuana amendment. The majority holds that it did…