Law Vermont

[Baron23]

Well, my first thought is that this is the Vermont state government (and its citizens) telling Sessions to fuck off.

My second thought is....didn't we already do this in Vermont? Its deja vu all over again. LOL

Vermont House passes marijuana legalization bill. Senate to vote next week
The measure will return to the Senate for them to vote on Tuesday


By The Associated Press

Lawmakers in the Vermont House passed a proposal that would make the Green Mountain State the latest to legalize the recreational use of marijuana.

House lawmakers spent much of the day Thursday, with a break during Republican Gov. Phil Scott’s State of the State speech, debating a proposal that was passed by the state Senate last June. The debate took place with the backdrop of U.S. Attorney General Jeff Sessions rescinding a policy that paved the way for legalized marijuana to flourish in states across the country.

Throughout the debate in the Statehouse, the full House rejected a series of Republican-proposed changes to the law. The first proposal that was rejected would have delayed implementation of the law a year, until July 1, 2019. Other amendments focused on what the opponents of the underlying proposal said were ways to protect public safety.

But proponents felt those issues were addressed in the existing legislation.

Related stories

• Vermont lawmakers to take up marijuana legalization again as early as this week
• Vermont medical marijuana patient wins battle over driver’s license
• States consider best ways to legalize recreational marijuana

Slight changes were made to the original bill to legalize the adult possession of up to 1 ounce (28 grams) of marijuana. The measure must return to the Senate for another vote.

On Wednesday, Senate President Pro Tem Tim Ashe, a Democrat and Progressive, said he expected the Senate could vote on the bill Tuesday.

 

[Baron23]

Vermont House approves bill legalizing possession and home growing of marijuana

Brushing aside fears of a possible federal crackdown, Vermont’s House approved legislation Thursday that would permit adults older than 21 to possess small amounts of marijuana and grow their own plants beginning in July.

The vote came after lawmakers rejected two attempts to slow marijuana legalization, first by refusing to delay a vote in response to U.S. Attorney General Jeff Sessions’ decision Thursday to revoke the Obama-era Cole Memo that allowed states to permit legalized cannabis businesses.

House lawmakers then staved off amendments that would have delayed the bill’s effective date, the Burlington Free Press reported.

The measure now heads to the Vermont Senate, which has already approved the bill but in a slightly different form.

Once the differences are reconciled, the bill will head to Gov. Phil Scott, who vetoed a recreational marijuana measure last year but has previously said he’ll sign this year’s version.

It’s not clear whether Scott could change his mind in response to Sessions’ actions Thursday.

If the legislation is ultimately approved, Vermont would be the first state to legalize the possession and home growing of cannabis.

Marijuana activists praised Vermont’s vote despite fears that the Department of Justice would interfere.

“It is becoming clear that states are tired of helping the federal government enforce outdated and harmful marijuana policies and are ready to make this legal for adults,” Matthew Schweich, interim executive director for the Marijuana Policy Project, said in a statement.

 

[Baron23]

Vermont senate passes bill to legalize marijuana use

The Green Mountain State is about to get even greener.

Vermont's senate on Wednesday passed a bill to legalize recreational marijuana use, which would make the state the first in the nation to do so through the legislative process rather than a ballot initiative.

Republican Gov. Phil Scott is expected to sign the bill, which passed the Democratic-controlled Senate by a voice vote. The Democratic-controlled House of Representatives passed the measure last week. Although Vermont is one of the most politically liberal states, it is also one of 23 in the nation that do not allow ballot initiatives.

White House to end Obama-era policy on marijuana 2:24
The Vermont bill would allow those 21 and older to possess up to one ounce of marijuana, two adult plants and four immature plants beginning on July 1. It does not immediately clear the way for retail sales of the drug, leaving that up to a commission created last year to study how to tax and regulate it.

Passage would put the state directly at odds with the Trump administration. Last week, U.S. Attorney General Jeff Sessions reversed an Obama-era policy easing enforcement of federal laws banning the drug in eight states where it is legal.

"Vermont in particular doesn't care very much what the attorney general thinks," said Matt Simon, New England political director for the pro-legalization Marijuana Policy Project. "With the way this bill is written, having a few plants, there's nothing that the feds could do even if they wanted to."

Related: Californians embrace new pot law with ribbon cuttings and long lines

Law enforcement groups in Vermont have criticized the legalization drive, saying the drug poses health risks and that there is no way to quickly test drivers who might be intoxicated by marijuana.

Neighboring Massachusetts, nearby Maine and six other states have legalized marijuana use as a result of voter initiatives.

Related: Justice officials reluctant to predict new marijuana prosecutions

New Hampshire's House of Representatives on Tuesday passed a similar bill to legalize recreational marijuana use. That state's governor, Republican Chris Sununu, has said he opposes legalization.


A budtender shows cannabis buds to a customer at the Green Pearl Organics dispensary on the first day of legal recreational marijuana sales in California, on Jan. 1, 2018 at the Green Pearl Organics marijuana dispensary in Desert Hot Springs. Robyn Beck / AFP - Getty Images
Marijuana advocates say that legalizing sales of the drug will help to phase out the existing illegal market and allow states to take in additional tax revenue.

Five of the first states to legalize the drug — Colorado, Washington, Oregon, Alaska and Nevada — together generated more than $485 million in tax revenue off marijuana sales in the first nine months of 2017, according to an analysis by the Marijuana Policy Project.

 

[Baron23]

Vermont Gov. Scott expects to sign pot bill before Monday

MONTPELIER, Vt. (AP) — Vermont Republican Gov. Phil Scott says he expects to sign a bill before Monday that will legalize the recreational use of marijuana.

Scott said Thursday that he will do it privately, to respect those who oppose the measure.

Last week the state Senate gave final approval to a bill that will legalize the possession of up to an ounce of marijuana, two mature plants and four immature plants, making Vermont the first state to legalize marijuana through the legislative process, rather than via a citizen referendum. The law would take effect July 1.

Scott says a lawyer is now reviewing the bill.

Scott had vetoed an earlier version of it, but his concerns were addressed in the revised legislation that passed last week.

 

[Baron23]

Scott said he'd sign the bill so just fucking sign it already!
Scott to sign pot bill today

MONTPELIER, Vt. (WCAX) Gov. Phil Scott has yet to sign a marijuana legalization bill and believes he has through Monday to do so.

The Associated Press reported Monday morning that the deadline had passed. But Scott spokeswoman Rebecca Kelley tells WCAX News the administration's legal counsel has conferred with numerous people and is confident that midnight is the deadline.

She says the governor plans to sign the bill before then.

The bill allows Vermonters over the age of 21 to have an ounce of weed and to grow a few plants. Once signed, the new law goes into effect July 1.

Scott will be the first governor in the country to sign marijuana legalization into law. Eight other states legalized marijuana through public referendums.

 

[Baron23]

Wow, glad its signed for all of the Vermonters out there.....but my first thought was who gives a shit about Scott's emotional state ("with mixed emotions"). All I care about is that its signed. Its like in a restaurant when they completely screw up your service. I guarantee that some waiter will be repeating, mantra like, "I'm sorry....I'm sorry...I'm sorry" as if this is supposed to be meaningful and valuable to me. I don't give a flying fig what their emotional may be....what I want to know is what they are going to do about it. How are they going to amend this situation.

I often feel that this placing a high value on one's internal emotional state.....to the point of thinking its supposed to be important to others....is just a sign of how solipsistic we have become. Get a grip Scott....all that matters is if you signed it or not.

Vermont Gov. Phil Scott signs marijuana legalization bill “with mixed emotions”


Vermont on Monday became the ninth U.S. state to legalize recreational marijuana and the first to do so via a legislative act.

Gov. Phil Scott signed H. 511, a bill allowing for adults to possess and cultivate small amounts of cannabis, according to an announcement posted by his office. The bill, however, does not establish a system to tax and regulate the sale of cannabis.

Over the weekend, there was some confusion as to whether or not Scott had signed the bill. In a statement Monday, he said he signed H. 511 “with mixed emotions.”

“As I said when I vetoed S. 22 in May, I personally believe that what adults do behind closed doors and on private property is their choice, so long as it does not negatively impact the health and safety of others, especially children,” Scott said in a statement. “In this context, it is very important to understand what H. 511 does and does not do.

Related stories

• Vermont gov said he would sign marijuana legalization bill “before Monday” but has yet to do so
• Vermont Gov. Scott says he will sign marijuana legalization bill before Monday
• Elderly couple busted twice in Nebraska for marijuana charged with possession of drug money
• Vermont Gov. Scott confirms he will sign marijuana legalization bill
• California couple busted in Nebraska last month with weed “gifts” arrested again on way home

“While this legislation decriminalizes, for adults 21 and older, personal possession of no more than 1 ounce, and cultivation of two mature plants on their private property, marijuana remains a controlled substance in Vermont and its sale is prohibited. Also, consumption of marijuana in public places is prohibited. Consumption of marijuana by operators and passengers in a motor vehicle is prohibited. Schools, employers, municipalities and landlords are also empowered to adopt policies and ordinances further restricting the cultivation and use.”

Scott said he has reservations about implementing a commercial system that “depends on profit motive and market-driven demand for its growth.”

I look forward to the Marijuana Advisory Commission addressing the need to develop comprehensive education, prevention and highway safety strategies,” Scott said. “To be very direct: There must be comprehensive and convincing plans completed in these areas before I will begin to consider the wisdom of implementing a commercial ‘tax and regulate’ system for an adult marijuana market. It is important for the General Assembly to know that — until we have a workable plan to address each of these concerns — I will veto any additional effort along these lines, which manages to reach my desk.”

Scott vetoed an earlier version of H.511. He felt his concerns were then addressed in the revised legislation that passed earlier this month.

Legalization advocacy firm Marijuana Policy Project hailed the new law for removing fines and criminal penalties for “low-level marijuana possession and cultivation.”

“This is a great step forward for the state and the whole region,” Matt Simon, political director for Marijuana Policy Project’s New England region. “Responsible adults will soon have the freedom to enjoy a safer option legally, and law enforcement will be free to concentrate on serious crimes with actual victims.”

Legalization opponents say they see Vermont’s H. 511 as a potential compromise — as it stops short of allowing regulated sales.

“We will await the final report from the Governor’s Marijuana Commission,” officials for the Alexandra, Va.-based Smart Approaches to Marijuana said in a statement. “After reading the preliminary report released on Jan. 16, we feel confident that the Departments of Health and Public Safety share our concerns with full legalization and support the need for a cautious approach.”

 

[Philreal187]

@Baron23 I have been reading this recent bill and from what I understand is that you can grow and have 2 mature plants for recreational but not purchase? This means no dispensaries unless its for medical?

I am planning a move from pa to vt in May and really wish there was a plan for recreational dispensaries so I could legally purchase in july.

I appreciate any info you can provide! Most of the legal and law jargon goes right over my head, but you are the mmj law guru!!

 

[Baron23]

@Baron23 I have been reading this recent bill and from what I understand is that you can grow and have 2 mature plants for recreational but not purchase? This means no dispensaries unless its for medical?

I am planning a move from pa to vt in May and really wish there was a plan for recreational dispensaries so I could legally purchase in july.

I appreciate any info you can provide! Most of the legal and law jargon goes right over my head, but you are the mmj law guru!!

Hi Phil - hopefully this is helpful. I ain't great but its better than nothing by a long shot. Two plants.....perhaps plan to buy a small grow tent when you move. I imagine, however, that there will arise a system like used in D.C. That is, donate and gift. Donate to the Church of Me and get an MJ gift....or buy a $10 t-shirt of the Church of Me for $100 and get an MJ gift.

But boy oh boy, its pretty restrictive.


Here’s What Vermont’s Legalization Law Allows—and Doesn’t

With today’s signing by Gov. Phil Scott, Vermont becomes America’s ninth state to legalize the adult use of cannabis and the first to legalize through a state legislature.


Congratulations, Vermont!

Now, what does it actually mean?

Vermont's legalization law is one of the tightest in the nation. You may possess a limited amount, but you may not buy or sell.
That’s where it gets complicated. Vermont’s new legalization law, which takes effect on July 1, 2018, is one of the nation’s most limited legalization regimes. The new law allows for small and private home grows, possession, and consumption. It does not set up a regulated system for commercial farming or sales. That, hopefully, will come a little later down the road. Gov. Scott’s Marijuana Advisory Committee is scheduled to deliver a report by Dec. 15 that lays out recommendations for a legal, regulated state system.

The top-line brief: As of July 1, possession of up to one ounce of cannabis flower is legal for adults age 21 and older. Possession of up to five grams of hashish will also be legal. Private individuals of legal age may grow up to two mature (flowering) cannabis plants per dwelling. They may also grow up to four immature (non-budding) plants per dwelling.


Former Gov. Pete Shumlin, left, advocated for legalization, but his successor, Gov. Phil Scott, right, moved the measure over the finish line by signing the bill into law earlier today. (AP Photo/Toby Talbot)
There’s a Whole And/Or Problem Here
Beyond that, things grow muddled. After July 1, can you possess both one ounce of flower and five grams of hashish? That’s not certain, as the law contains some tricky use of the word “or” that confuses the issue.

Also: In some places the law says an adult may possess two mature plants or four immature plants. In other places the law says an adult may possess two mature and four immature plants.

Also also: The law mentions “hashish” but makes no mention of edibles, topicals, concentrates like shatter or wax (is “hashish” a catchall?), vape oil, tinctures, or any other common cannabis products. The use of “hashish” makes it seem like the legislators who wrote the law time-traveled to the 1970s to learn about cannabis.

Clearly, this is a law that will need some improving. Until then, we’ve combed through the final language and come up with the handy guide below.

What to Know Before You Go…and Consume
The new law:

• Removes all criminal and civil penalties for possession of one ounce or less of marijuana, or more than five grams of hashish, for persons 21 years of age or older. As the law is written, it’s unclear whether this is an either/or situation—in other words, whether you can possess both an ounce of flower and five grams of hash, or whether you’re limited to an ounce or five grams and cannot possess both.
• Does not allow for the commercial cultivation and/or sale of cannabis to persons 21 years of age or older. Vermont’s law is strictly a homegrow, personal-use law as it stands now. The law does, however, mandate that the state make plans to adopt a “comprehensive regulatory structure for legalizing and licensing the marijuana market.” The Governor’s Marijuana Advisory Commission has been directed to report on such a system by Dec. 15, 2018.
• Legalizes the possession of paraphernalia for cannabis use for persons 21 years of age or older.
• Legalizes the cultivation of two mature cannabis plants or four immature plants, for anyone 21 years of age or older. “Immature” means a female plant that has not flowered and does not have visible buds. Those plants must be in an enclosure screened from public view and secure so that access is limited to the cultivator. The cultivation limit applies to each dwelling, regardless of how many residents 21 or older reside in the dwelling. So: One house, two mature plants, period. The law is clear that these plants may be possessed in addition to the one ounce of cannabis flower. The law is not clear about whether a person may possess two mature plants and four immature plants—again with the “or” problem in the law’s language. In some of the law’s sections, two mature or four immature plants may be possessed. In other sections, two mature and four immature plants may be possessed.
• Retains civil and criminal penalties for possession of cannabis above the legal limit, and for unauthorized sale or dispensing of cannabis. A person 21 or older who possesses more than one ounce of flower, but less than two ounces, and more than five grams of hashish but less than 10 grams, faces a $200 fine.
• Revises civil and criminal penalties for possession of larger amounts—and those penalties can be significant. For a first offense, the offender will be offered a drug diversion option. That first offense may also come with a $500 fine and/or six months in jail. Second and subsequent offenses come with a $2,000 fine and up to two years in prison. Personal possession of more than one pound of cannabis flower or more than 2.8 ounces of hashish, or cultivating more than six mature plants or 12 immature plants, may face up to a $10,000 fine and five years in prison. For possession of 10+ pounds or more than one pound of hashish, or cultivating more than 12 mature plants or 24 immature plants, faces a $500,000 fine and up to 15 years in prison.
• Retains civil (not criminal) penalties for underage possession; those penalties are the same as for underage possession of alcohol. To wit: a $300 fine, 30-day driver’s license suspension for a first offense; $600 fine and a 90-day license suspension for subsequent offenses.
• Establishes civil (not criminal) penalties for consuming cannabis in a public place. “Public place” means any street, alley, park, sidewalk, public building other than individual dwellings, any place of public accommodation (hotels, motels, etc.), and any place where tobacco smoking is prohibited. Penalties are: $100 for first offense, $200 for second offense, $500 for third and subsequent offenses.
• Establishes criminal penalties and civil action for the act of furnishing cannabis to a person under 21 years of age. Those range from two years in prison and a $2,000 fine, up to five years and a $10,000 fine. Different penalties apply to a person under 21 who furnishes cannabis to another person under 21. (It gets complicated. Just don’t touch it if you’re under 21.)
• Does not legalize personal cannabis extraction—in fact the new law establishes chemical extraction of cannabis (via butane or hexane) by private parties as a crime. Penalties range from two years/$2,000 up to five years/$5,000. There are exceptions under the law for state-registered medical cannabis dispensaries.
• Defines “marijuana” as all parts of the plant Cannabis sativa.
• Allows school authorities to impose administrative penalties for the possession of cannabis on school property.
• Allows landlords to ban possession or use of cannabis in a lease agreement.
• Does not allow a jail or prison inmate to possess or use cannabis.
• Does not allow a driver or passenger in a motor vehicle to consume cannabis or possess any open container that contains cannabis. This is treated the same as an alcohol open container law. In addition, a driver who is operating a motor vehicle containing secondhand cannabis smoke shall be considered to be “consuming” cannabis. Pro tip: Keep it in the trunk.
• Allows for the legal consumption of alcohol in motor vehicles for hire (limousines, party buses, etc), but does not explicitly allow or prohibit the consumption of cannabis in same. (I know, weird.)
• Prohibits the sale of drug paraphernalia (pipes, bongs, papers, etc) to anyone under the age of 18. Penalties run up to two years in prison and a $2,000 fine.
• Does not require an employer to permit or accommodate the possession or use of cannabis in the workplace.
• Does not prevent an employer from adopting a policy that prohibits the use of cannabis in the workplace.
• Does not “create a cause of action against an employer” who fires an employee for a policy that prohibits the use of cannabis by employees.
• Creates a special category of prohibition for persons convicted of selling cannabis to minors, as a felony, after July 1, 2018. Those people may not possess any cannabis, and are subject to civil penalties if they do.
• Takes effect on July 1, 2018.

 

[Baron23]

This shit yet again. So, on one side we have a regulatory requirement from a bureaucracy in the Executive Branch and on the other hand we have an enumerated individual right enshrined in our Constitution. I can't understand why we are even having this conversation.


Vermont: Will you have to give up your guns to legally use marijuana?

In the state of Vermont there are a lot of things people like the freedom to use, including guns and marijuana.

But could these two things combined come with felony charges? For veterans using a medical marijuana card, could it also spell trouble?

Just last year the state of Vermont added post-traumatic stress disorder to the approved list of medical conditions allowed to be treated by marijuana, but it comes with one big catch.

"A vet has to work outside the VA," Rep. James Masland said.

That's because marijuana is still illegal, according the federal government.

"Our biggest worry is the federal government coming in and cross referencing the medical marijuana cards with firearms owners," Eddie Cutler, from Gun Owners of Vermont, said.

Cutler is worried because a law-abiding gun owner must complete a background check and the use of marijuana will immediately stop you from passing it.

"If you have a medical marijuana card, you cannot purchase a firearm. And if you say no and you have one, you have perjured yourself, and you could be looking at some hefty fines and maybe sometime in the clink," Jim Dattilio, from Dattilio’s Guns & Tackle, said.

“And this even applies to a single bullet," Cuttler said.

It is a conflict between state and federal law Vermont veterans are already concerned about.

"I have customers that have purchased that have been given the medical marijuana cards and they have had to get rid of their firearm," Dattilio said.

"If a person thinks they are going to have their rights taken away--especially firearms, most people in this state love their guns, they are not going to seek treatment. Here is the problem," Cuttler said.

Also, with the recent legalization of pot in Vermont, people who lawfully own a gun and lawfully use marijuana could also face felony charges.

"There are going to be a lot of people that are that are going to be set up for some problems down the road, should they think that they can have both. They have to make the choice," Dattilio said.

People that have owned guns for years will now fall on the wrong side of federal law, even if they are using marijuana legally.

“They are now guilty and can be tried and convicted of a federal crime--perjury. Once that felony violation is in place, they cannot have a firearm for the rest of their lives," Cuttler said.

It is a problem thousands of Vermont gun owners will have to deal with. A problem the federal government must now handle.

“It's up to the federal government to find out who is telling the truth and who is not," Dattilio said.

 

[Baron23]

Vermont lawmakers push to expand marijuana legalization

A surprise twist in the Statehouse Thursday afternoon has the issue of marijuana legalization suddenly on the front burner in Montpelier again.

A tri-partisan coalition of House lawmakers is now pushing for legislation that would create an above-board market for commercial cannabis sales.

Earlier this year, lawmakers and Gov. Phil Scott passed a law that will, starting July 1, legalize possession of small amounts of marijuana and the cultivation of up to two mature cannabis plants. The law retains criminal penalties for large-scale cultivation and sales of the drug.

On Thursday afternoon, however, Winooski Rep. Diana Gonzalez began laying the procedural groundwork for a vote on legislation that would create a legal cultivation industry and tax retail marijuana sales.

Gonzalez said she’s motivated by a lack of resources for opioid addiction treatment in Vermont.

“If we had a tax-and-regulate system for marijuana, then we could have some funds to address, in terms of prevention and treatment, in ways that we know that we need,” Gonzalez said.

The tax-and-regulate model isn’t a new concept in Montpelier. Last April, the Vermont Senate gave overwhelming approval to a bill that would have created a legal cannabis industry in Vermont, akin to what’s in place in Colorado and Washington state.

That approach proved far less popular in the Vermont House. But Lt. Gov. David Zuckerman said that after the House voted to legalize small-scale possession and cultivation earlier this year, he began reaching out to Republicans.

“And quite a few said, 'now that it’s legal, I think tax-and-regulate’s a better model,'" Zuckerman said.

Now that cannabis is legal anyway, Zuckerman said he thinks the tax-and-regulate equation in the House has changed.

“So if Progressives, the Republicans that think this is the better way, and the many Democrats that inherently support this come together, I think we have a majority,” Zuckerman said.

The Republicans who will be pushing for the tax-and-regulate bill include St. Johnsbury Rep. Janssen Willhoit, who was initially reluctant to support the legalization bill that passed earlier this year.

“I would want something that actually is regulated, so that way people know what they’re buying, and they’re safe when they can buy it,” Willhoit said.

Willhoit said it’s too early to know how many of his GOP colleagues with join Progressives and Democrats in favor of the tax-and-regulate bill. But Willhoit said he’s optimistic.

House Speaker Mitzi Johnson is less so.

“I think at this point it’s far too large of a policy change to be jumping into the last week or two of the session,” Johnson said.

Johnson said many of the House lawmakers she’s spoken with say they’re uncomfortable taking up such an expansive public policy decision in the waning days of the session.

And even if the measure somehow makes it across the finish line in the House, the bill still faces long odds in 2018.

Scott has said that Vermont needs far more highway safety and public health measures in place before it moves ahead with a tax-and-regulate system. And even if House lawmakers can muster the simple majority needed to pass the bill, finding the two-thirds majority needed to override a veto will be far more difficult.

 

[Baron23]

Well, that was certainly short lived.

Walters: Effort to Revive Full Cannabis Legalization Flames Out

A last-ditch effort to fully legalize cannabis in Vermont has failed as quickly as it began.

On Friday morning, the Vermont House of Representatives voted 106 to 28 to indefinitely shelve H.167, a bill that had been rewritten as a vehicle for legalizing the commercial sale of marijuana with state oversight and taxation. Earlier this year, the legislature approved — and Gov. Phil Scott signed — a bill permitting personal cultivation and possession of small amounts of marijuana.

Supporters had hoped to at least keep the bill alive for more debate next week. After the vote, legalization supporter Lt. Gov. David Zuckerman said, "I think it's over for this year."

He blamed Statehouse politics for the defeat. "There is plenty of support to legalize," he said, "but sometimes in this building, the powers that be guide legislators to do something that isn't what their constituents want."

The vast majority of Democrats and Republicans voted to shelve the bill. Democratic leadership cited the rush of more pressing business in the remaining days before adjournment.

"There are many, perhaps a majority, who would like to legalize with a tax-and-regulate system," said Rep. Sarah Copeland-Hanzas (D-Bradford) in explaining her vote from the House floor. "But it's clear we have more critical decisions to make."
Related


Tax-and-Regulate Pot Bill Revived in Vermont House
By Taylor Dobbs
Off Message
"The bill has not been vetted by the appropriate committees," said Rep. John Bartholomew (D-Hartland). "Time is too short to create a full tax-and-regulate system."

After the vote, House Majority Leader Jill Krowinski (D-Burlington) asserted that the issue had already been settled. "We had similar votes [on full legalization] and they failed," she said. "We've already had this debate, so why all of a sudden, with two weeks left in the session, bring it back now?"
click to enlarge

• Luke Eastman

House Minority Leader Don Turner (R-Milton) was one of the 28 votes to keep H.167 alive. He said he is opposed to legalizing cannabis, but if Vermont is legalizing it on a personal level, "It does not make sense for us to not tax and regulate. Having it be legal without regulation and no resources for the associated costs [of legal marijuana] makes no sense to me."

The effort to revive full legalization has been in the works for several weeks, according to Zuckerman. He noted that many Republicans agreed with Turner, and he saw an opening. "I talked to a number of them over the last couple of months," he said. "[Turner] had indicated that he was going to work toward support. He told us [Thursday] night that many in his caucus were going to support keeping the discussion alive."

Zuckerman believed that with substantial Republican and Progressive/liberal support, a majority could be mustered in favor of full legalization.

But Friday morning, that Republican support failed to materialize. Turner expressed disappointment. "I did what I thought I could, working with a lot of people who didn't vote the same way I did, which is a little disappointing," he said.

Turner acknowledged that the original plan was for him to take the central role on the House floor. He was to file a motion Thursday to bring H.167 out of mothballs as a vehicle for tax and regulate. "But once I realized the majority leadership was not going to let it pass, it made no sense to lead the effort," he explained.

In Turner's absence, H.167 was moved by Rep. Diana Gonzalez (P/D-Winooski). Turner could have been a more effective voice in building a tripartisan coalition, but in the end, House leadership held sway.

No one thinks this was a fatal blow for the concept. "I fully expect this issue to come back to the House next year," said Krowinski. In the meantime, with personal cultivation of marijuana becoming legal in July, Vermont's garden centers will have a whole new market to exploit.

 

[Baron23]

New Vermont marijuana law leaves medical patients with conflicting rules


Next month, Vermont will throw off restrictions on adult marijuana use — leaving thousands of Vermonters, who already use the drug for medical purposes, in a somewhat awkward situation.

Vermont will have two conflicting sets of marijuana laws on the books on July 1: new legal liberties for members of the general public, and old strictures for the nearly 6,000 Vermonters who are registered as medical marijuana patients and caregivers.

The Legislature has failed to clarify how the two sets of rules will interact. Even minor updates died this year when Gov. Phil Scott vetoed a bill for unrelated reasons.

Here are the conflicts
Adults who are at least 21 years old will be allowed to possess up to 1 ounce of marijuana, plus an unlimited harvest from home-grown plants. A separate law limits medical marijuana patients to 2 ounces, with no exceptions for harvested marijuana.

The general public will be able to plant cannabis outdoors, as long as the growing space is securely enclosed and the property owner has given permission. Patients are allowed three additional immature plants, but they're supposed to keep all of their plants indoors.

"We tried to update that," said Sen. Dick Sears, D-Bennington, who chairs the Senate Judiciary Committee. "It is what it is."

Patients, who are allowed to be younger than 21 years old, can buy their marijuana from a dispensary. Adults in the general public will have no legal way to buy marijuana in Vermont.

"We need to figure out how to have two systems," said Rep. Ann Pugh, D-South Burlington, chairwoman of the House Committee on Human Services. "Or for that matter, do we now need to have two systems?"

Does Vermont's medical program have a future?
There's evidence that some Vermonters may be dropping out of the medical marijuana program, or not signing up, in anticipation of July 1.

Lindsey Wells, the marijuana program administrator at the Department of Public Safety, said the registry's growth has flattened in the last several months.

Nick Karabelas, a registered patient who grows and uses marijuana to relieve chronic pain, is considering giving up his patient card. There are no dispensaries near his home in Vershire, and he sees a disadvantage in following the medical growing restrictions.

"I find myself wondering, 'What are the benefits of being a patient in the registry?'" Karabelas wrote to lawmakers in May. "If the state and the dispensaries want to continue with the program, they’re going to need patients. As someone who advises and helps register patients, it's getting progressively more difficult to encourage them to participate in the program."

Shayne Lynn, executive director of Champlain Valley Dispensary in Burlington, says medical marijuana delivery would benefit patients.

Shayne Lynn, a leader of two Vermont medical marijuana dispensaries, argues that the medical program remains valuable. Dispensaries offer expertise, testing, selection and a consistent way to buy marijuana.

In addition, the medical program is overseen by state government. Recreational marijuana, whether it comes from a backyard or the black market, will not be regulated by Vermont.

"From our point of view, we think it's worth it," said Lynn, who is executive director of Champlain Valley Dispensary and Southern Vermont Wellness in Brattleboro.

How lawmakers left the medical program hanging
The Vermont Senate passed a bill in March that would have adjusted the medical program, including opening the program to patients with any medical condition or symptom.

The bill stalled in the House Human Services Committee.

"To be perfectly honest, there were issues of greater importance to more Vermonters that came across from the Senate that we needed to deal with first," Pugh said.

After watching the bill wend through the Legislature, Karabelas said, "I find it personally rude and insulting, as a patient, that they don't want to deal with it."

The Senate has now passed a special session bill that would resurrect medical marijuana changes that died with a wide-ranging bill Gov. Scott vetoed for unrelated reasons. They would include the following:

• Locked container transport: Patients are currently required to transport their marijuana in a locked container. No such requirement exists for adults in the general public.
• Protection for caregivers of young medical marijuana patients: When Vermont legalized adult-use marijuana, lawmakers also voted to penalize anyone who provides marijuana to children and adults under the age of 21. Some medical marijuana patients are younger than 21, and their parents who serve as caregivers have no assurance that they will be exempt from the new criminal penalties.
• Background checks for dispensary employees: Medical marijuana dispensaries have asked for changes that would allow new employees to start work while their background check is being processed. The background check process can take several weeks.

Additional questions will remain waiting when lawmakers return in January 2019. By that time, state officials will have witnessed six months of legalization and should have a better sense of what needs to be changed.

"Things that are fuzzy don’t usually sit well with folks," Lynn said. "I hope the powers that be will clarify this. ... Let's have one set of rules for cannabis in Vermont."

 

[Baron23]

Congrats Vermont!!


Changes coming Sunday when Vermont's cannabis reform takes effect
State is 9th to legalize recreational pot for adults, allow home cultivation

BURLINGTON, Vt. —

Vermont on Sunday will end a decadeslong prohibition of recreational use of marijuana.

"It's a huge deal. And it's been a long time coming," said Eli Harrington, a legalization advocate who co-founded the group Heady Vermont.


The state's reform law, known as Act 86, was signed by Republican Gov. Phil Scott in January.

The law takes effect Sunday, July 1.

Vermont will allow adults 21 and older to carry up to 1 ounce of processed marijuana and grow a small number of plants at home, or on private property with the landowner's permission.

The law limits cultivation to no more than two mature plants (with visible marijuana buds) or four immature plants.

Critics of the law worried that two mature plants might produce at least a pound of marijuana.

Whatever is derived from two mature plants is permitted under Act 86 if secured at home.

Private sales or purchases remain illegal, though the law allows adults to share call quantities of marijuana -- or cannabis -- as advocates prefer to call it.

Act 86 expressly forbids consumption of marijuana in a public place -- including parks, sidewalks, alleys, or in any facilities open to public accommodation -- with a $100 fine for a first offense.

Furnishing marijuana to anyone under 21, or growing marijuana in larger quantities carry stiff penalties.

The law continues strict prohibition on driving under the influence, or consuming marijuana in a vehicle.

Vermont State Police now has its largest corps of specially trained "drug recognition experts" ready to prosecute violators.

Capt. Jim Whitcomb said troopers have received new training manuals that adjust to the changes made in Act 86.

 

[nosmoking]

I will be visiting Vermont this weekend for a family retreat. Too bad they do not have rec shops yet but at least I can legally enjoy my meds!

I heard its kind of like DC in that you can find delivery people/companies on IG and Craigslist that will deliver something legal to you and "share/gift" some bud or concentrate along with it. I would love to try this while I am there, but I will be in the middle of nowhere.

Good for VT though!

 

[momofthegoons]

Vermont ruling says scent of burnt marijuana is not probable cause for search, seizure

The faint scent of burnt marijuana is no longer justification for a police officer in Vermont to search or seize a person’s property, according to a Vermont Supreme Court ruling earlier this month that activists say is a “step toward eliminating racial disparities.”

The marijuana decision was part of a larger ruling on Jan. 4 that took a closer look at violations of the Vermont Constitution, determining the state can be held liable for violations surrounding the search and seizure of private property. It also determined that people can seek damages from any governmental agency that violates that search-and-seizure provision.

The case centered around Gregory Zullo, an African-American man from Rutland, Vt., who was pulled over in a traffic stop in March 2014. Zullo, who was 21 at the time, was driving in Wallingford when Vermont state Trooper Lewis Hatch stopped him because he said his registration sticker was partially covered with snow. Hatch reportedly smelled a faint odor of burnt marijuana, asked Zullo to exit the vehicle, and ultimately seized his car.

Driving without a registration sticker was not a traffic violation in Vermont at the time, though that has since changed.

 

[Baron23]

"2020 session could be different, as Scott is reportedly eyeing tax-and-regulate legislation and considers it a potential source of revenue"​

​

Ah yes, the way to a politician's heart is...wait for it.....oh, TAX DOLLARS.

Look, you know I support MJ legalization but I hate fucks like this who opposed MJ but are now changing their minds if they think they can dig their hand in deeper in the tax payer's pocket. I would have more respect for Scott if he really believed in, and maintained, any of the prior positions he has taken on this subject.

Oh well, whatever works.

Vermont Governor Seems Open To Legalizing Marijuana Sales

Vermont’s governor is apparently open to legalizing, taxing and regulating marijuana sales in the state—a significant shift from his earlier position.

While the legislature legalized low-level possession and home cultivation in 2018, the current law doesn’t allow for sales, and Gov. Phil Scott (R) has said in the past that he’s wary about allowing such commercial cannabis activity, citing concerns about impaired driving.

But the 2020 session could be different, as Scott is reportedly eyeing tax-and-regulate legislation and considers it a potential source of revenue to support an after-school program he’s pushing. The governor still wants to ensure any reform legislation includes provisions to prevent driving under the influence.

“If we do end up there, this might be a good use of any revenues from there,” Administration Secretary Susan Young told Vermont Public Radio in an interview released on Wednesday. “That’s not exclusively how we plan to fund it, but we’re going to have to be creative and looking like we did with clean water to find a source.”

Another state official, Cynthia Seivwright, director of the state Department of Health’s Alcohol and Drug Abuse Programs, said in a radio interview last month that legalizing marijuana sales would better protect public health than current policy does.

“Without the regulation, we don’t know what’s in it,” she said. “We can’t control the potency of it. We can’t control the access, and we definitely don’t want children and adolescents to have access to it.”

According to top lawmakers in the state, the legislature is positioned to advance a cannabis commerce bill, with most members in favor of the reform move.

House Speaker Mitzi Johnson (D) said last month that she believes “there is a solid tri-partisan majority in the House that would like to see tax and regulate pass this year.” While she has expressed reluctance about the legislation in the past, the speaker now says she won’t block her chamber from passing it.

Last week, Senate Judiciary Committee Chairman Richard Sears (D) and House Government Operations Committee Chairwoman Sarah Copeland-Hanzas (D) said in a press conference that the time is right to act on marijuana legalization.

“We are shipping tax dollars out of state and fueling the economy in those states in this industry in another state,” Sears said. “It makes no sense whatsoever.”

“We look forward to working with our House counterparts in a conference committee to arrive at a bill that is supported by most members of the legislature, the governor and the general public,” he added.

Copeland-Hanzas said adults in Vermont “need to have safe and legal access to cannabis.”

“This is an opportunity—and a very unique opportunity—to stand up a new industry and to create jobs and to fill some of our vacant manufacturing and warehouse facilities in Vermont,” she said.

Matt Simon, New England political director of the Marijuana Policy Project, agreed.

“It seems clear to me in the year 2020 there is no state in the U.S. that is more ready to regulate cannabis sales than Vermont,” he said.

Other political observers in the state seem to think that Scott is coming around to legalizing sales despite his earlier reluctance.

“The governor already seems to be counting those chickens that are going to be hatched from whatever tax-and-regulate system we have as it relates to revenue that’s going to be generated by a retail marijuana market,” Pete Hirschfeld of Vermont Public Radio said in a recent TV appearance. “If we read the tea leaves we can see that Governor Phil Scott has essentially resigned himself that this is an eventuality and is counting on using legal marijuana tax dollars to fund his priorities.”

While it remains to be seen whether the governor will ultimately back a tax-and-regulate bill, such as legislation that was approved by the Senate last year—a proposal discussed again by the body’s Judiciary Committee on Wednesday—advocates are optimistic this legislative session will be a success.

The Senate-passed bill, which is still alive for 2020, has already been approved by one House committee. At the press conference last week, Sears expressed some frustration about how long it is taking for House committees and leadership to deal with legislation, saying he wants to get finalized legislation through a bicameral conference committee and to the governor’s desk by early March.

Scott could feel additional pressure to support a commercial marijuana model given that he’s facing a reelection challenge this year from Lt. Gov. David Zuckerman (Vermont Progressive Party), who is strongly in favor of taxing and regulating the state’s cannabis market.

“I think every year we go by not doing it, we are perpetuating the underground, unregulated, unjust system that we have today while other states are moving forward,” Zuckerman said in 2018.

Over in neighboring New Hampshire, lawmakers have decided to take a lesson from Vermont and pursue non-commercial cannabis legalization this session—a move that was described to Marijuana Moment as an incremental, albeit important, step toward eventual commercialization.

 

[Baron23]

Normally I wouldn't post about a legislative committee vote as they are numerous and often of no consequence to actual legalization.
But, I posted this one because mostly I just want to know where I can get some bud that looks like that stuff in the picture below!!!!

Now get this:

"The potency of cannabis flower would be capped at 30 percent THC, and concentrates could contain up to 60 percent THC."​

And exactly what was the scientific basis for these limits.....oh, none. I get it. sigh


Vermont Committee Unanimously Approves Bill To Legalize Marijuana Sales

A Vermont House committee unanimously voted in favor of a bill on Friday that would legalize commercial marijuana sales in the state.


While Vermont legalized low-level cannabis possession and home cultivation through the legislature in 2018, the current policy does not provide for retail sales. That would change under the proposal approved in a vote of 11-0 by the House Committee on Government Operations.


Next steps for the legislation include consideration by the Ways & Means Committee, which has scheduled a hearing for Tuesday. Michele Childs, a House legislative counsel, told Marijuana Moment in an email that the panel will have a “discussion of taxes and fees.” If approved there, the bill is then expected to be taken up by the Appropriations Committee before heading to the House floor.


The Senate already approved a version of the legislation last year.


“Today’s unanimous committee vote reflects the growing consensus in support of S. 54,” Matt Simon, New England political director of the Marijuana Policy Project, told Marijuana Moment. “Vermonters are more than ready to see the advent of regulated cannabis sales in their state, and this is an encouraging sign that Vermont’s elected officials are ready to move forward on the issue.”


The legislation as approved by the panel would establish a government body to regulate the marijuana program and approve licenses for a verity of businesses. It would also impose a 16 percent tax on cannabis sales, with up to 30 percent of resulting revenue going toward substance misuse treatment programs.


The potency of cannabis flower would be capped at 30 percent THC, and concentrates could contain up to 60 percent THC.


Lawmakers on the committee floated discussion drafts of an amended bill over the past several days before unanimously approving the 12th such version. Changes made by the panel include adjusting the timeline for implementation, increased deference to the state’s Department of Health for rulemaking, banning flavored vape cartridges and clarifying zoning rules. The legislation is subject to additional amendments as it moves through the other panels.


As previously drafted, the legislation cleared the full Senate last year, and it advanced at the committee level in the House as well. However, it gradually slowed to a halt in that chamber, raising doubts about whether lawmakers would revive it in 2020. But in recent weeks, leaders in the House and Senate expressed optimism that the bill will arrive at the governor’s desk, and now it’s moving steadily through the process.


If the House approves the bill, it will likely enter into a conference committee with the Senate in order to reconcile differences between the two chambers’ versions.


Gov. Phil Scott (R), who has previously expressed opposition to commercial cannabis sales, citing concerns about impaired driving, has reportedly become more open-minded about the prospect. An administration official said this month that he’s considering using some tax revenue from marijuana sales to fund an after-school program he’s advocating for.

 

[Baron23]

Vermont: Measure Permitting Retail Marijuana Sales Moves Forward

Senate-backed legislation to regulate retail sales of marijuana to adults continues to advance in Vermont.
Members of the House Ways and Means Committee voted 7 to 3 this week in favor of the bill, S. 54. The proposal now awaits consideration from the House Appropriations Committee. If approved, it will go before the full House for a vote.
Senate lawmakers have already approved a version of the bill by a veto-proof supermajority.



As approved by House lawmakers, the measure would establish tax rates and other regulatory measures on the sale of commercially marketed cannabis products. In 2018, lawmakers approved legislation legalizing the personal possession and private cultivation of marijuana by those ages 21 and older. However, that law did not establish a structure for the retail production and sale of marijuana.
To date, only one state — Illinois — has taken legislative action to authorize adult-use cannabis sales.
It remains uncertain where Republican Gov. Phil Scott stands on the bill. In the past, he has expressed skepticism toward the notion of legalizing marijuana sales, but some insiders indicate that he has softened his stance in recent months.

 

[momofthegoons]

Vermont Will Advance Marijuana Sales Legalization Bill Within Weeks, House Speaker’s Office Says

A bill to legalize marijuana sales in Vermont is set to advance during a special session this month or next, a top lawmaker’s office confirmed to Marijuana Moment on Wednesday.

While Vermont legalized cannabis possession of up to one ounce and cultivation of two plants in 2018, there is currently no regulatory system in place that allows for retail sales. A bill to establish that program, S. 54, cleared both the House and Senate in differing forms, but now it must move through a bicameral conference committee charged with reconciling the versions into a single proposal to send to the governor.

The panel was appointed in March but has not met yet. Advocates have grown frustrated over the delay, questioning when the committee will be authorized to convene.

“S.54 is currently in a committee of conference and we expect that committee to meet during the August/September legislative session,” the chief of staff to House Speaker Mitzi Johnson (D) told Marijuana Moment in an email. “That’s consistent with what the leader said during a June telephone town hall, where she said they were ‘aiming to get in passed in August.'”

Asked about minutes from a recent Vermont Department of Health Substance Misuse Prevention Oversight and Advisory Council meeting—in which participants said the tax-and-regulate legislation “is not currently slated to be discussed in this special session”—the staffer said “I do not see anyone who speaks for the legislature listed as attending the meeting, nor do I see that opinion credited to a person.”

“I’m really not sure why that was said or where that information came from,” she said.

Marijuana Moment reached out to the Health Department for clarification, but a representative was not immediately available.

Johnson has repeatedly said that the legislature will get around to moving the cannabis commerce bill this year, but she said in May that she felt lawmakers and the administration are appropriately focused on responding to the coronavirus pandemic.

In terms of the economic impact of the health crisis, it stands to reason that taxing and regulating marijuana could represent one method of generating needed revenue. According to a new analysis from Vicente Sederberg LLP, the state could take in more than $175 million in cannabis revenue through 2025 if it allows sales starting 2021.

Dave Silberman, a pro bono drug policy reform advocate and candidate for the elected office of high bailiff in Addison County, told Marijuana Moment that beyond that revenue, “an adult-use cannabis market will provide an economic lifeline to thousands of Vermonters by creating new, well-paying jobs that support our rural economy.”

“Continued foot-dragging on this bill, which has passed both chambers by overwhelming margins and which could be quickly reconciled by legislators acting in good faith, makes no sense,” he said. “Creating a well-regulated cannabis economy should be a centerpiece of our statewide COVID recovery plans, instead of the afterthought that House leadership has so far made it out to be.”

Matt Simon, New England political director for the Marijuana Policy Project, said in a press release about the new economic analysis that “Vermonters overwhelmingly supported the effort to regulate cannabis sales prior to COVID-19, and the sense of urgency has only increased in light of the economic downturn.”

“It’s time for advocates to stand together and support legislators as they determine the best path forward for the state,” he said.

One potential complication down the line concerns Gov. Phil Scott (R), who reluctantly signed the earlier noncommercial legalization bill into law and has voiced concerns with adding legal sales to the mix.

In particular, he is worried about road safety issues. However, top lawmakers and an administration official indicated earlier this year that the governor is “at the table” in discussions about the current legislation and would be open to using cannabis tax revenue to fund an after-school program he’s pushing.

As the tax-and-regulate bill awaits conference committee action, the Senate approved a bill in June that would double the amount of marijuana that can be possessed and grownwithout the threat of jail time.

 

[momofthegoons]

Vermont Democrats Call For Decriminalizing Drugs And Legalizing Marijuana Sales In Draft 2020 Platform

Vermont Democratic Party insiders are including planks to decriminalize drug possession and legalize marijuana sales in a draft platform for 2020.

The working document, which was obtained by Marijuana Moment, lays out a wide range of party priorities, including taking steps to stop relying on the criminal justice system to address social issues.

As written, the document pledges that the party will “ensure that cannabis is appropriately regulated and taxed in a manner that rights the historic wrongs of the War on Drugs and that recognizes the disproportionate impact prohibition has had on minority communities.”

It also calls for adopting “an approach to the possession and misuse of drugs that is motivated solely by the principles of public health and harm reduction, rather than punishing undesirable private behavior, while avoiding the criminal justice system altogether.”

The draft says these policies are part of a “comprehensive approach to community safety” and one that “recognizes both our individual implicit biases and the institutional racism inherent within the criminal justice system.”

“We must end the criminalization of poverty, addiction, and otherness,” says the draft platform, which is still subject to change based on comments from county committees and delegates at the party’s September 12 convention.

The party is also poised to back enacting “a system to automatically expunge criminal records, so that those who have repaid their debt to society can make a fresh start” and to “prioritize, in our state and local budgets, the use of mental health and substance use counselors, social workers, and other non-police interventions, in order to more effectively provide people in crisis the help they need, without introducing unnecessary force or additional trauma.”

Dave Silberman, a member of the party’s platform committee and a candidate for the elected office of high bailiff in Addison County, told Marijuana Moment that the platform’s criminal justice planks “were written following extensive outreach to subject matter experts and advocates in the field, and are intended to reflect the priorities and values of Vermont Democrats at the grassroots level, who’ve been calling for fundamental reform to our broken criminal justice system.”

“I’m looking forward to receiving feedback from county committee members ahead of the platform convention in September,” he said.

While Vermont legalized cannabis possession of up to one ounce and cultivation of two plants in 2018, there is currently no regulatory system in place that allows for retail sales.

Advocates are hopeful that that could change during following special session that ends next month. A bill to establish a tax-and-regulate marijuana model that’s already cleared both the House and Senate in differing forms is expected to be taken up by a bicameral conference committee within weeks, a staffer to House Speaker Mitzi Johnson (D) told Marijuana Moment last week.

That panel is charged with reconciling the chambers’ versions into a single proposal to send to Gov. Phil Scott (R).

Johnson has repeatedly pledged that the legislature will get around to moving the cannabis commerce bill this year, but she said in May that she felt lawmakers and the administration are appropriately focused on responding to the coronavirus pandemic for the time being.

One potential complication down the line concerns the governor, who reluctantly signed the earlier noncommercial legalization bill into law and has voiced concerns with adding legal sales to the mix.

In particular, he is worried about road safety issues. However, top lawmakers and an administration official indicated earlier this year that the governor is “at the table” in discussions about the current legislation and would be open to using cannabis tax revenue to fund an after-school program he’s pushing.

As the tax-and-regulate bill awaits conference committee action, the Senate approved a bill in June that would double the amount of marijuana that can be possessed and grown without the threat of jail time.

Read the draft 2020 Vermont Democratic Party platform by following title link and scrolling to the bottom of the article.