Search Results for "vermont"

Conflicting Vermont Cannabis Regulations Cause Confusion for Patients

6/12/2018

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On July 1, Vermont’s new adult-use cannabis laws will go into effect, overlapping the state’s existing medical cannabis rules, the Burlington Free Press reports. Soon, Vermont’s some 6,000 patients will find themselves in a confusing mire of regulations with no clear government guidance.

“We need to figure out how to have two systems. Or for that matter, do we now need to have two systems?” — Rep. Ann Pugh, Chairperson of the House Committee on Human Services, via the Burlington Free Press

The two rule sets intersect in unfortunate ways, especially for patients. For example, under the new adult-use rules, the general public will be able to plant cannabis outdoors in an enclosed area with a property owner’s permission; medical patients, however, are only allowed three immature plants and all plants must be kept indoors. Additionally, the general public won’t have a legal way to buy cannabis — patients, however, have an existing dispensary system. Patients are also required to transport all cannabis in a locked container, but there is no such requirement for the general public.

The confusion seems to be driving people away from the MMJ registry. Lindsey Wells, the administrator of the medical marijuana program under Vermont’s Department of Public Safety, says the registry has stopped growing in recent months.

In March, the Vermont Senate passed a bill meant to modify the medical program to correct many of these issues, as well as open the registry to patients with any medical condition or symptom instead of a short list of approved conditions. Unfortunately, the bill never left 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.” — Rep. Ann Pugh, via Burlington Free Press

A bill introduced to the Vermont Senate in a special session attempts to correct many of the discrepancies between laws. The official legislative session ended May 13th, however. When the special session is concluded, the Senate will not operate again until January 2019. By that point — if no action is taken — Vermont will have spent more than six months with overlapping medical and adult-use cannabis rules.

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1,500 Attend New England Cannabis Convention’s Inaugural Vermont Show

5/15/2018

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About 1,500 attended the New England Cannabis Convention’s inaugural show in South Burlington, Vermont, meeting the expectations of organizers and setting the stage for an event next year – when cannabis use and possession will be legal for adults in the state.

“The hype is real,” said Eli Harrington, co-founder of Heady Vermont and one of the event organizers, Saturday on the show floor. Harrington, who also led the panel discussions over two days, noted the event’s variety of attendees – shirts, ties, camo, and flannel – and called the event “hugely important” for the state’s existing hemp producers.

“Everyone has a chance to showcase in a more conventional tradeshow space,” he remarked as the afternoon crowd bustled behind him. “This is phase one – hemp and legal CBD – and phase two is everyone getting ramped up for July 1 and ready to grow.”

Harrington, and his Heady Vermont partner Monica Donovan, laid the groundwork for the convention two years ago – in the meantime organizing a Hemp Fest last September and a series of hemp and CBD farmer’s markets throughout the state – and eyed a relationship with NECANN, who have successfully held conventions in, now, six markets.

Organizer Marc Shephard stands behind the NECANN inaugural Vermont show’s ticket booth.

NECANN CEO and co-founder Marc Shepard called the turnout “fantastic,” noting that vendor space had long been sold out. He compared the interest from the public and vendors as to that of their maiden Massachusetts and Rhode Island shows.

“We try to create a locally-focused conference and one of the main goals is to get that critical mass in a room,” Shepard said between ticket sales. “When we can do an event like this … you get the people on the outside saying ‘this is an industry convention – just like an auto show – this is real business’ and it just helps push toward normalization.”

He called the Vermont show unique because of the state’s already strong hemp and CBD industry; while the Maine shows have more of a homegrow focus and Rhode Island a more medical cannabis focus because “that’s what’s legal right now.

“All of these events are very catered toward each state’s current situation,” he said, “but we can do this event in any state that has, at least, a medical program and get that critical mass.”

While hemp and CBD dominated the show floor, ancillary businesses took the opportunity to stake their claim. Jesse Harper, owner of Vermont Security Systems, said that while he had “a little” hesitation about exhibiting at a cannabis-centric event, he wants to be “ahead of the curve” and position themselves as “the provider” for the state’s cannabis industry. He anticipates he will serve between 50 and 100 canna-business clients within the next two years but admits that “no one really knows” how many businesses will operate in the state’s industry right now because it’s unclear when the legislature will implement a tax-and-regulate regime.

“As a small business we get to pick and choose who we want to do business with – that’s one of the joys of small business ownership,” he said, “and we get along really well with our cannabis clients.”

Hemp plant on display from Humble Roots Horticulture.

Harper said the energy at the convention was “much higher” and “really positive” compared to more traditional home shows.

“People are absolutely here looking for something, there is excitement about what’s next,” he said.

Rob Smith, who with his Maine-based company Atlas Plant Trainer exhibited at the first NECANN in his home state, explained that the inaugural Vermont show was “smaller” and “more hemp-focused” than other shows; noting that he had tried to get a both for the show a month ago but booth space was sold out. He hoped that next year the event would be held in a larger hall in order to provide more booth opportunities because being an exhibitor at the shows are “absolutely critical” to his company’s growth.

“These [cannabis] conventions are a great place for consumers, growers, and enthusiasts to see all sorts of different products and learn from all sorts of different people,” said Smith, the CEO and co-founder.

Will Read, founder of Vermont-based brand development firm CannaPlanners, has attended NECANN shows in Rhode Island, Maine, and Massachusetts and called the Mother’s Day weekend show on-par with Maine’s show. He said that while he, obviously, attends the shows to sell his products and expertise, it’s also an opportunity to touch base with his current clients and other operators, who are rarely in the same room at once.

Will Read speaks with an event attendee at the CannaPlanners booth.

“This event was definitely a nice progression from Hemp Fest,” Read said in front of his booth, which displayed his designs scrolling by on a tablet and products from a few of his clients – including Atlas. “I think the next time this happens it’s going to be twice as big – it just keeps going.”

Read pointed out that many who paid for a Hemp Fest ticket eight months ago were paying for booth space at NECANN. “It shows what the organizers have been doing between each event,” he said.

While surveying the morning traffic, Harrington quipped, “It’s a billion-dollar business, whose billion dollars is it gonna be?” He attributed the quote to Shepard. “And next year we’ll be [a] legal [state] and we’ll be here again supporting that industry, too.”

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‘Expungement Days’ for Misdemeanor Cannabis Convictions Planned in Two Vermont Counties

5/14/2018

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State attorneys in Vermont’s Chittenden and Windsor counties are moving forward with plans to expunge misdemeanor cannabis convictions with “Expungement Days” this month, Vermont Digger reports. In Chittenden County, Expungement Day is being held June 12 at Edward J. Costello Courthouse in Burlington, while Windsor County’s event is planned for June 9 at Vermont Law School in South Royalton.

“During Expungement Day, we will educate community members about how to complete an expungement petition. Though volunteers will not provide legal advice, by the end of the session, participants will have a completed expungement petition ready for filing. The State’s Attorney has agreed to accept the petitions and file them.” – Chittenden County State’s Attorney’s Office, via a Facebook event page

Expungement is not available for felony offenses, and offenders can only apply to have the convictions expunged that were levied in the counties in which they are applying.

“Under Vermont law … once a conviction is expunged, a person may lawfully claim that he or she was never arrested, convicted, or sentenced for the marijuana possession offense. While Vermont affords these protections for expunged offenses, other states and the federal government may treat the effect of the expungement differently.” – Chittenden County State’s Attorney’s Office, via the Facebook event page

Citizens will receive assistance from Robert Sand, a law school professor and director of the Center for Justice Reform, along with Vermont Law School students.

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Blue police lights on top of a white cruiser.

Chittenden County, Vermont State Attorney Considering Expunging Low-Level Cannabis Crimes

5/04/2018

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Chittenden County, Vermont Attorney Sarah George is pursuing a plan to erase convictions for low-level cannabis crimes, according to a NECN report. George, the head prosecutor for the state’s most populous county, said she believes officials are actually “behind in this discussion.”

“Any time that someone has a conviction on their record of something that is now legal, it should be expunged.” – George to NECN

George suggested that prosecutors in states that have legalized cannabis should be more open to erasing charges for what is now legal. Several states – with legalized cannabis, medical cannabis programs, and even some without broad reforms – have moved to expunge low level cannabis charges:

  • An Illinois House Committee approved a measure last month to erase low-level convictions for cannabis and paraphernalia possession.
  • The Virginia Senate, in February, passed a bill that would expunge charges for first-time cannabis offenders for $150.
  • Officials in San Francisco, Sonoma County, and Alameda County, California have taken proactive approaches to the criminal reforms included in Prop. 64, which legalized cannabis for adults in the state. Those officials have moved to make the expungement process easier and expand the scope of the reforms. The state legislature is considering a bill that would force courts to expunge all records of those convicted of possession of up to 28.6 grams of cannabis and 8 grams of concentrates.
  • Massachusetts lawmakers are considering a broad expungement bill; recreational cannabis sales are set to begin in the state July 1.
  • Alaska’s House passed a bill last month to restrict public access to some criminal records for simple cannabis possession. That measure is currently in a Senate committee.
  • Officials from Seattle and Pierce County, Washington have moved to expunge cannabis conviction records; although the legislature has failed to act on a bill to for statewide reforms for two years.
  • Colorado Gov. John Hickenlooper last year pardoned 14 individuals charged with cannabis possession and in February announced he was considering 40 more.
  • In 2016, Missouri – which does not have legal cannabis access for adults and only a limited medical cannabis program – approved legislation to expunge the majority of the state’s low-level cannabis convictions.
  • Oregon approved its own expungement bill in 2015.

George does not have a timeline for the reforms but was clear that she would only expunge misdemeanors and not more serious felonies.

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Vermont Senate Committee Rejects Roadside Saliva Test Bill

5/03/2018

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The Vermont Senate Judiciary Committee voted 4-1 against a bill to allow law enforcement officers to use a roadside saliva test to test drivers for cannabis impairment, the Burlington Free Press reports. Sen. Joe Benning, a Republican member of the committee and criminal defense attorney, said he opposed the measure because the test doesn’t prove whether a driver is “actually under the influence.”

The bill was approved by the House in March and is backed by Gov. Phil Scott and Commissioner of Public Safety Tom Anderson. In a joint statement with Vermont Association of Chiefs of Police President Jennifer Morrison and Vermont Sheriffs’ Association President William Bohnyak, Anderson called the committee’s decision “a loss for all Vermonters and inconsistent with a commitment to highway safety.”

“This bill is an important part of the state’s highway safety strategy, and its passage would ensure Vermont has a mechanism to effectively remove impaired drivers from our roadways and hold them accountable.” – Anderson, Morrison, and Bohnyak in the joint statement.

The measure was opposed by the American Civil Liberties Union of Vermont. The organization’s policy director, Chloé White, previously told the House Transportation Committee that the bill was “much more invasive of privacy and bodily integrity than a breathing test.”

Vermont’s legalization law takes effect July 1.

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River and farmlands in the Vermont countryside.

Vermont Lawmakers Eye Cannabis Tax-and-Reg as Session Nears Close

4/27/2018

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Lawmakers in Vermont’s House are pushing for legislation to implement a taxed-and-regulated cannabis industry as the session nears a close, Vermont Public Radio reports. The push has support from Democrats, Republicans, and Progressives.

In January, the Legislature legalized cannabis use for adults but the reforms did not create an industry. Last year the state Senate voted to approve a taxed-and-regulated legalization regime but that bill didn’t reach the House.

The bill’s sponsor, Rep. Diana Gonzalez, suggested the funds from the industry could be used to help fund opioid addiction treatment facilities and programs.

Lt. Gov. David Zuckerman, a Progressive, said he began reaching out to Republicans following the passage of January’s legalization measure to push for their support on tax-and-regulate.

“And quite a few said, ‘now that it’s legal, I think tax-and-regulate’s a better model.’ 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 to VPR

House Speaker Mitzi Johnson, a Republican, is less optimistic. She indicated that many House lawmakers are uncomfortable with pursuing the broad reforms as the session closes.

“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 to VPR

Moreover, even if it passes Gov. Phil Scott could veto it as he did the first legalization measure that reached his desk.

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Tim Fair: Launching Vermont’s First Cannabis Law Firm

3/14/2018

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Tim Fair is a Vermont-based cannabis consultant and the owner/founder of Vermont Cannabis Solutions, the state’s first cannabis law practice.

In this episode of the Ganjapreneur.com podcast, Tim joins our podcast host TG Branfalt in his Vermont studio for a conversation about the landmark cannabis reform law passed earlier this year by Vermont’s legislature, the differences between legalization and decriminalization, the state’s vibrant hemp and CBD industry, and what the industry might look like when a tax-and-regulate system is eventually put in place.

Listen to the interview through the player below, or scroll further down to read a full transcript of this week’s Ganjapreneur.com podcast episode!

Listen to the interview:

Read the transcript:

TG Branfalt: Hey there. I’m your host, TG Branfalt, and you’re listening to The Ganjapreneur.com Podcast where we try to bring you actionable information, and normalize cannabis through the stories of ganjapreneurs, activists, and industry stakeholders. Today I’m actually joined in studio by Tim Fair. He’s the owner of Vermont’s first cannabis law practice, Vermont Cannabis Solutions.

Just before we get started, we’ve got to know that nothing that Mr. Fair says should be considered legal advice. Don’t say “Well, Tim Fair said on The Ganjapreneur Podcast that this was totally cool,” because that’s not going to hold up in court. How are you doing this afternoon, man?

Tim Fair: Thank you, TG.

TG Branfalt: Tell me about yourself, man. How’d you end up in the cannabis space?

Tim Fair: At a very early age, I realized that I liked cannabis. As a teenager growing up, seeing all the messages, all of the propaganda, the DARE, all of the anti-drug propaganda we were fed, I started seeing a disconnect. What I was experiencing and what I was hearing were two different stories.

As I got older, I started realizing that everything that we were taught wasn’t necessarily true, and in that line of reasoning, I went ahead and tried to start a chapter of NORML in my very first community college, Long Island Nassau Community College, when I was 17.

Didn’t work out so well, but ever since that point, I’ve always been focused on drug policy reform. Specifically cannabis reform.

TG Branfalt: How long have you been working with cannabis cases from a criminal level?

Tim Fair: I graduated law school in 2012. Lucky enough to pass my bar on the first attempt. Got my first legal job as an attorney in 2013, but didn’t really start learning cannabis law until the last two years. I would say around 2016 I started pretty indepthly studying the subject, and I’ve taken my first cannabis clients about six months ago.

TG Branfalt: So what’s been your experience as an attorney defending cannabis cases in Vermont? I guess what I want to ask you is, did you know racial disparities in these arrests, and how did prosecutors approach such cases?

Tim Fair: A little bit of background before I can fully answer that. We have a unique system here in Vermont. We have 14 counties and each county has its own elected state’s attorney. So, when we’re talking about racial disparities, you have to talk about it in terms of county, as opposed to state, because some counties much better with the issue. Other counties, horrible with it.

Another exacerbating factor has been the surge in opiates, cocaine, crack cocaine, that come in from out of state. That has created a sense of, I don’t want to say racism amongst law enforcement, but definitely focuses their attention on brown and black people.

TG Branfalt: How do prosecutors approach these cases? There’s decriminalization, we just passed legalization, which hasn’t taken effect yet, but are prosecutors still aggressive, even with decriminalization?

Tim Fair: You have to talk about individual prosecutors, individual state’s attorneys. For example, in Chittenden County, where Burlington is located, the state’s attorney’s office does not pursue cannabis cases. They’ve got bigger, better things to do. There is an understanding that in the spectrum of illegal activities, cannabis use is pretty low as you get.

However, I’ve had a client in Essex County, Vermont, who was charged with a felony offense for 2.1 ounces. In Bennington County, for example, the state’s attorney has come out publicly with her opinion that cannabis is a dangerous drug, it’s a gateway drug, and the only way to deal with it is strict law enforcement.

TG Branfalt: Law enforcement, when legalization happened, one of the things that we saw was the police chief’s association, or whatever it actually is, they were talking about what they wanted to see in the legalization law, and one of the things that they’ve really been pushing for, and I think this goes back even a little before legalization was rolling out this oral swab test to test for cannabis impairment, or intoxication.

So first, what are the baseline problems, if there are any, which we’re going to assume that there are, with this oral swab test?

Tim Fair: A baseline problems, the entire thing is a problem. The entire concept of having to worry about drugged driving and accurate tests is ridiculous. It’s just an issue that is used by prohibitionists to stoke fear, to get the average citizen against legalization.

I’ll try to keep this short, but when I talk about drugged driving, I need to talk about DUI. DUI is an example of a pre-crime. What I mean by that is you’re taking two legal activities, drinking alcohol, and driving a car, putting them together, and making it a crime. Not because anyone has been injured or anyone’s been hurt, but because we as a society have accepted the fact that the risk, the risk that is created by operating a motor vehicle under the influence of alcohol is so high that we are going to make it a crime because of what might happen, because you might be involved in an accident, because you might cause injury to yourself or others.

That risk is so greatly elevated, we have made it a crime. Now, let’s look at cannabis use. Because we have become so used to the idea of DUI and testing for alcohol, and legal limits, humans like patterns. They like things to make sense. So, therefore, there is this inherent belief that cannabis use will result in the exact same thing as alcohol use, when behind the wheel of the car. It’s not true. It’s simply not true.

The most recent National Highway Safety Administration study that I’ve seen has shown I believe a 5% increase in the likelihood of a serious auto accident with moderate cannabis use. That’s very subjective, what’s moderate cannabis use? But the point being that the human functions that cannabis impairs are very different from the functions that alcohol impairs.

Number one being the understanding of self. When somebody’s intoxicated on alcohol, they think they can drive real well. “I can drive, I can make it there. I’m the best driver in the world.” When somebody’s consuming cannabis, they don’t think they can drive well. They don’t think they can walk well. They say, “You know what? I’m going to sit right here on this couch for a little bit.”

The functioning that is affected by cannabis use is not the same as alcohol. We don’t need to make a new pre-crime. we don’t need to be able to test people to see if they’re impaired. If they’re impaired, they will drive outside of the law, they will commit violations, they will swerve, they will drive under the speed limit, they will run a stop sign. Law enforcement can observe that, pull them over, and arrest them.

Put them through the DRE, or Drug Recognition Expert protocol, and prosecute them. End of story. We don’t have such a high level of risk to warrant or necessitate some sort of test to establish impairment when there are no signs of impairment.

TG Branfalt: One of the things that they talk about in the literature that we saw when we were out at capital during the debate, are these per se intoxication standards. Can you explain what those per se intoxication standards mean and do they differ from the current alcohol laws?

Tim Fair: So they’re designed to mimic the current alcohol laws. We like legal limits. Above this, guilty. Below this, innocent. That’s not actually how it works, but that’s how most people accept it to work, and they like that consistency. It’s a very comforting idea to have, if you have over five nanograms of THC metabolized in your system, you’re above a per se limit. Doesn’t work. It doesn’t work, because cannabis is not alcohol.

People metabolize drugs differently, they metabolize cannabis differently, metabolites can stay in the human body in different levels for different amounts of time. It’s a fat soluble compound, therefore it can stay in the fat cells much longer than alcohol, and the presence of metabolites, the presence of whatever they’re testing for, does not correlate to impairment on any level.

One person with five nanograms could be at a very, very different functional state than somebody else with the exact same amount.

TG Branfalt: I want to talk to you more about Vermont policy, specifically this idea that we talked about when we first met, this decriminalization versus legalization premise. Before we do that, we’ve got to take a break. This is the Ganjapreneur.com Podcast, I’m TG Branfalt.

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TG Branfalt: Hey welcome back. This is the Ganjapreneur.com Podcast. I’m your host, TG Branfalt, here with Tim Fair. He’s the owner of Vermont’s first cannabis law practice, Vermont Cannabis Solutions, and a guy I really like talking to since I’ve got to Vermont. When we first met, we were in the capital, it was during legalization law and we got talking about decriminalization versus legalization.

Vermont’s legalization law has been criticized by some as being a more broad decriminalization rather than legalization because there is no tax and regulate provisions under the laws passed, and signed by Governor Scott. They make this argument, despite Vermont actually decriminalizing cannabis possession five years ago.

For those people who make that argument, who criticize this law as not being full legalization, which I mean, we could talk about the nuances of full legalization, but let’s not do that. How does this legalization differ from decriminalization?

Tim Fair: You’re certainly right about it not being full legalization. Any sort of regulation is not full legalization. This is a step. Honestly, it’s more of a psychological step. As far as practicality, how this is going to impact your average citizen’s life, not much. Those who choose to consume cannabis do so now. Those who choose not to consume cannabis don’t.

What this is going to do is act as a psychological milestone for the industry as a whole. It’s going to serve to help kill the stigma. Normalization, getting the people who still believe the propaganda that this is a dangerous drug an opportunity to see that no, in fact, it’s not.

How it’s actually going to play out as far as legality, that’s a great question. After legalization, will the smell of cannabis still be sufficient for law enforcement to apply for a warrant to search your vehicle, to search your home? With the reasoning being, “Well, maybe it’s over the legal amount, and therefore might be a crime.”

With decriminalization, the legislature specifically stated that decriminalization did not change the fact that cannabis was contraband. Even though it was no longer a criminal offense, it was a civil violation, and still provided probable cause for law enforcement to then apply for a warrant to search your vehicle, to search your person, to search your home.

That I’m hoping will change. We’ve seen a lot more positive signs from the judiciary in Massachusetts. They’ve taken a much more liberal approach to it than the Vermont Supreme Court, but as far as actually practical changes, not a lot. It’s a step, though, and it’s an important step, because we wouldn’t be getting to tax and reg without it, and that’s where we’re eventually heading.

TG Branfalt: In Vermont, now we’re entering a whole new era, come July 1st. But we already have a small hemp industry, very CBD focused. In your role as a cannabis consultant, this is a smaller industry than other states, and we’re not talking about tax and reg right now. What does a cannabis consultant in Vermont do? What do you do working within this industry, and looking forward, are you already looking forward to tax and reg?

Tim Fair: A couple of questions rolled in there. No doubt. I’ll say that for the last year, majority of what I’ve been doing is learning and lobbying. Learning about much about the industry as I possibly can, learning about the areas of law in cannabis law that I have not practiced for the last five years, getting myself up to speed, and spending a lot of time in Montpelier, working with a lot of really, really good people and advocates, moving this agenda forward.

Trying to talk to legislators, trying to dissuade some of the apprehensions, to maybe dispel some of the myths. That’s what I’ve been doing for the last year. Right now, we are an interesting place. Vermont is unbelievably supportive of the hemp industry. The legislature went as far as to put a signing statement into the statute, reaffirming their support for the hemp industry.

I’m trying to think of the exact number. I don’t know if it’s 14 or 17 states that allow hemp growing at this point, and Vermont by far is the least regulated. $25 a year, you fill out a one page form, you get your card, and you can grow hemp, which is fantastic. We’re an agricultural economy here in Vermont, and this is the beginning of what I believe to be the rejuvenation of that economy.

TG Branfalt: When you’re talking to people right now who are in the hemp industry, are there a lot of questions right now, even several months before legalization takes effect, and possibly years before tax and reg, are people already trying to figure out what that industry could look like?

And the other thing is this. Do you think that it’s going to be more representative, it’s going to be similar to the hemp industry that we have here, which is primarily small farmers?

Tim Fair: That’s a great question. I think we have to wait and see. Regulations for Vermont’s taxed and regulated system are going to be coming out this year. There’s definitely a very, very strong desire to keep this as local as possible, to keep things on the Vermont scale, and one of the things about the cannabis industry right now is that it is extremely state specific.

So, it would be very difficult for somebody from out of state to come into Vermont, let’s say a large scale operation out of Colorado. They may know the Colorado regulations very well, they may know how to function and run their business under the Colorado regulations, they won’t know anything about Vermont. They won’t know anything about the Vermont regulations, so that factor helps keep it local.

I’m hoping that we are going to maintain accessibility for the average Vermonter. That’s what Vermont Cannabis Solutions is about. We’re not taking out of state clients, we’re working with Vermont small business and entrepreneurs who want to get involved in this industry. Whether the legislature will help that or hinder it, we have yet to see.

TG Branfalt: Speaking of the legislature, I mean, it’s the first in the nation to pass legalization via the legislature. It was cool to be here when that happened, but how long … You’ve spent a lot more time in Montpelier than I have. How long do you think the legislature’s going to let this gray market exist? I mean, we both hear things about donations and these things that are already happening in Massachusetts, and Massachusetts, to their credit, is allowing it to go on pretty much in the open. How long do you think that’s going to jive with the legislature, just watching the money fall out of their pockets?

Tim Fair: There’s two ways they can go. The gifting cannabis economy, we see it in D.C., we see it in Maine, we’re seeing it develop in Massachusetts. This is a function of going halfway. Legalization without a taxed and regulated system. I was having an email exchange with a former professor of mine at Vermont Law School the other day, and when you look at the statutes in Vermont, gifting is allowed. Gifting is allowed.

The statutes specifically state that it is illegal to sell quantities of cannabis under one ounce, but when you talk about distribution, it’s only addressed in quantities above one ounce. There’s noticeably lack of any mention of prohibition of distribution under an ounce. Meaning, you can give away up to an ounce perfectly legally. What does that lead to? That leads to the $100 Snickers bar that comes with a free quarter ounce, or in D.C., the juice bars that serve $50 glasses of orange juice with a free eighth.

It’s runarounds, it’s loopholes. It’s entrepreneurs looking at the system and figuring out how they can move forward with the framework as it is. I believe this is not going to last long. The two options the legislature has is A, they can go back and try to reconvene and pass a bill to close the loophole, which will take a whole session, or they can establish tax and regulation.

This year we will most likely be seeing Canada come online with it’s recreational program. We’ll be seeing Massachusetts come online, Maine hopefully after LePage gets out. People will be actually seeing functioning, well-functioning cannabis systems and once they’re seeing it with their own eyes, once they’re seeing all the gloom and doom predictions of the prohibitionists are not coming true, the sky is not falling, six year olds aren’t running around with joints, what they will see is a good functioning systems that are generating significant tax revenue. I think when people see that, tax and reg is inevitable.

TG Branfalt: I mean, it’s coming. I mean, briefly, I just want to talk to you very briefly, just before we started recording, we were looking at that lawsuit that’s happening on a federal level. I mean, at some point, right, the crest has got to come? I mean, New England is basically decriminalized throughout. All of Vermont’s borders, save for New Hampshire, right? No, New York, sorry, my bad. But I mean, New York, you look at New York, what have they got? Pennsylvania, that’s it. Jersey’s on its way. I just want to, just point out what we’re looking at from our perspective in Vermont, you know?

Tim Fair: Jersey is the East Coast key. Once Jersey goes, New York will go, and once New York goes, then we’ve got the East Coast. For me, it was California legalizing recreational. That was the point for me where I fully believed that the toothpaste can’t be put back in the tube. The genie ain’t getting back in the bottle, no matter what we see from the federal government. Once California estimated 6-7 billion dollar a year industry-

TG Branfalt: Which the whole industry did nine billion last year I think is the number.

Tim Fair: Yeah, with a B. That to me was the point of no return. But the federal government goes kicking and screaming. It’s very difficult to get anything done under the best of circumstances in Washington, and where we find ourselves now, I’ll just say are not the best of circumstances. That’s why another kind of benefit of the state specific nature of this industry that has allowed the states to really take it and run with it on their own.

Yes, inevitability. That’s a great word. The industry is inevitable. How long it’s going to take, how long we have the prohibitionists kicking and screaming. That’s impossible to tell right now.

TG Branfalt: So I want to get your advice for current operators and other people within Vermont’s market. Before we do that, we’ve got to take a last break. This is Ganjapreneur.com Podcast with TG Branfalt.

At Ganjapreneur, we have heard from dozens of cannabis business owners who have encountered the issue of cannabias, which is when a mainstream business, whether a landlord, bank, or some other provider of vital business services refuses to do business with them simply because of their association with cannabis. We have even stories of businesses being unable to provide health and life insurance for their employees because the insurance providers were too afraid to work with them.

We believe that this fear is totally unreasonable, and that cannabis business owners deserve access to the same services and resources that other businesses are afforded, that they should be able to hire consultation to help them follow the letter of the law in their business endeavors, and that they should be able to provide employee benefits without needing to compromise on the quality of coverage they can offer.

This is why we created the Ganjapreneur.com business service directory, a resource for cannabis professionals to find and connect with service providers who are cannabis friendly and who are actively seeking cannabis industry clients. If you are considering hiring a business consultant, lawyer, accountant, web designer, or any other ancillary service for your business, go to Ganjapreneur.com/businesses to browse hundreds of agencies, firms, and organizations who support cannabis legalization and who want to help you grow your business.

With so many options to choose from in each service category, you will be able to browse company profiles and do research on multiple companies in advance, so you can find the provider who is the best fit for your particular need. Our business service directory is intended to be a useful and well-maintained resource, which is why we individually vet each listing that is submitted.

If you are a business service provider who wants to work with cannabis clients, you may be a good fit for our service directory. Go to Ganjapreneur.com/businesses to create your profile and start connecting with cannabis entrepreneurs today.

TG Branfalt: Hey welcome back to the Ganjapreneur.com Podcast. I’m your host, TG Branfalt, here with Tim Fair, owner of Vermont’s first cannabis law practice, Vermont Cannabis Solutions, and kindred spirit, especially when it comes to the sole federal government issue. So, I wanted to ask you, your advice for current operators in Vermont. That’s what you focus on, that’s where we are. Do you think that those who are focused on hemp right now have a slight headstart as we inch towards tax and reg?

Tim Fair: Absolutely. I mean, there’s no question about it. They’re getting the experience in the industry, they’re getting the experience, whether it’s growing the crop, whether it’s extracting whether it’s selling. Whatever people are doing, they’re getting that experience now. As far as non-hemp cannabis, higher THC level cannabis, that’s limited really right now to our medical dispensaries.

The average entrepreneur’s not having that opportunity, so the people right now who are in the hemp and CBD, yeah, they’re getting a headstart. The question is are they all going to want to transition into cannabis? Some yes, some no. But that doesn’t mean that there aren’t steps that can be taken right now for those who want to get into the legal cannabis market. Whether it’s recreational or medicinal.

TG Branfalt: Earlier you said that you think it’s going to be harder for out of state people to enter the Vermont market. If people wanted to start looking at that market now, what would advice be for those who are or might be interested in entering Vermont’s market when it starts to become established?

Tim Fair: You mean people from out of state who might want to come in?

TG Branfalt: Yeah, yeah.

Tim Fair: Learn the Vermont way. Learn Vermont.

TG Branfalt: It’s tough. I mean, neither one of us are from Vermont.

Tim Fair: No, no, absolutely. Growing up in New York City, it blew my mind here. But Vermont is a lot more about who you are. It’s about face to face connections. It’s about knowing people. In order to succeed in the Vermont market, especially at this point in time, who you know, the impression you’ve made on people, the reputation that you have within the cannabis community here in the state, that is going to carry a lot more weight than what you’ve done somewhere else, or how much money you may have.

It really comes down to knowing each other, and if somebody from out of state had a real serious interest in coming into Vermont, come to Vermont. Come to some events. Come to some lobbying events. Meet people in the community. We’re a small state, we’re a relatively small community, and it’s very accepting.

The thing people don’t want to do is just simply come in and try to buy their way into the industry. That’s just not really going to work here in Vermont.

TG Branfalt: You’ve had your own interesting path to sit in this chair, talking about cannabis, lawyer. What’s your advice for other entrepreneurs who are seeking to enter the cannabis space? Just people who may not be in this industry now.

Tim Fair: Know why you want to get into the industry. If the answer is, “Because I think I’m going to make a bunch of money,” pick another industry. Know why you want to get into it. Once you’ve figured out why you want to get into it, my next piece of advice is learn the industry. It’s not simply about hanging around and getting stoned all day, and growing some pot.

This is a growing industry. When you factor in the CBD, industrial hemp, all of the uses, the sitting around, getting stoned, a piece of the pie. But there’s a lot more to the industry than that. The nuances of the industry, what has happened over the last five years in Colorado and California, in Oregon, in Washington, in Alaska. These are lessons that can be learned. These are real lessons. Some of them will be applicable to Vermont, some of them will not.

But by studying the industry, by seeing the problems and how they’ve been dealt with, it’s going to be the best way to have a realistic expectation of one’s experience here in Vermont in the industry.

TG Branfalt: I mean, this has been really cool, man. Like, I’m stoked to have you on the show. I mean, when we met in Montpelier, we both looked at each other like, “All right, I got you. I got you.” Where can people find out more about what you’re doing with the Vermont Cannabis Solutions, find out more about you? Plug it up, man.

Tim Fair: I’m not real good at self-promotion or plugs. I’ll say the website, www.VermontCannabisSolutions.com, is my first attempt at a website, so take it easy on me. But it’s got a lot of contact information, talks a lot about what we’re trying to do here in Vermont. Other than that, tfair@bwvlaw.com. Shoot me an email, happy to chat with anyone, anytime.

TG Branfalt: Dude, I really, again, I appreciate it, and I’m sure we’ll be sitting in these chairs chatting in a few months when legalization’s getting close, man. I appreciate it again.

Tim Fair: I certainly hope so, TG. I appreciate it, my man.

TG Branfalt: You can find more episodes of the Ganjapreneur.com Podcast in the podcast section of Ganjapreneur.com, and in the Apple iTunes Store. On the Ganjapreneur.com website, you will find the latest cannabis news and cannabis jobs updated daily, along with transcripts of this podcast. You can also download the Ganjapreneur.com app in iTunes and Google Play. This episode was engineered by Trim Media House. I’ve been your host, TG Branfalt.

End

Several cows graze in a Vermont pasture on an Autumn afternoon.

Vermont’s Cannabis Market Will Be Gray and We’re OK With That

2/26/2018

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We’re not expecting the Wild West in Vermont – think pre-legalization California with its semi-legal dispensaries and quasi-legal delivery services – but, as you might expect, we are expecting the law’s “loopholes” to be exploited by savvy industry enthusiasts.

Coming from a New York native (more or less), Vermont has been a green beacon for a decade – and not just for its lush Green Mountains. Growing up, we puffed on a lot of Vermont-grown cannabis; it wasn’t a secret that the state’s growers cultivated some of the best product you could get your hands on. The tiny state was our California – it had decriminalized cannabis possession before anyone in New England — yet, somehow, Vermont managed to fall behind Massachusetts and Maine with legalization and the new law does not create a taxed-and-regulated industry.

Come July 1, however, it will set in motion a thriving gray market.

What is a gray market?

On July 1, Vermonters can grow two mature and four immature plants-per-household – but we can’t sell it and we can’t publicly consume. The state’s licensed dispensaries will still only be allowed to sell cannabis to registered patients but a “gifting” culture is certain to emerge, as we’re seeing in Massachusetts and Maine as they move toward their own legalization dates. Gifting is nothing new. In California, shortly after the legalization vote, I gave a “donation” for a vape pen and cartridges after finding an ad on Craigslist. In Michigan, I acquired a “temporary” medical cannabis card to attend – and make purchases at – the 2016 Michigan cannabis cup.

An amateur cannabis grower’s seedling, bathed in the purple light of an LED-based grow closet. Photo credit: Cannabis Pictures

Kris Smith*, a Vermont native who owns an industrial hemp-related business in Vermont, temporarily moved to Maine following the legalization vote, hoping to cash in on the Green Rush. (*His name has been changed so he could speak openly about his experiences without fear of reprisal in either Maine or Vermont).

In Maine, Smith explained, a Craigslist culture emerged quickly where, for a donation, you could purchase flower, concentrates, vape pens, and infused-edibles.

“But another thing that immediately happened is people were growing more,” he explained. “People were like, ‘Well now I can grow my six rec and six medical and boom I have a fat basement grow with 12 plants in it growing at any time.’ That’s a money-maker.”

When voters passed the recreational cannabis initiative, Smith explained, there was nothing in the law that prevented people from doubling up on their plant counts and people started growing plants for people who didn’t even live with them or even smoke, such as relatives.

“Gifting was instantly a thing,” he said. “I’ve seen stuff as blatant as a delivery service with ‘donations.’ We’d find people through social media and you’d say ‘I’m a medical patient’ and you’d never show a card or anything. That’s not even allowed under the medical program but once rec was voted on it started happening all the time.”

While there were no “blatant” social-use clubs in Maine that Smith knew about, he said that, after hours, some bars would allow people to come in and consume cannabis on-site on an outdoor patio. However, he explained that because Maine is such a small market compared to other states such as California and Colorado – and the state’s “wide-open” medical cannabis program – that people didn’t necessarily need these gimmicks to operate in the state’s gray market. He said he was unaware of anyone who was arrested for gifting.

What does this mean, legally, come July 1 in Vermont?

Tim Fair, president of Vermont Cannabis Solutions and a lawyer specializing in cannabis law, explained that “as the law is written right now, it is not gray – it is black and white, clear letter law – it is legal to gift anything under 1 ounce to another adult 21-and-older.”

“The best example is the $100 Snickers bar,” he said. “You call up the delivery service, they deliver you a $100 Snickers bar and you get a free quarter-ounce of cannabis. As the law is written, that would be legal because the purchase you are making is for another object.”

The only way to close this loophole, Fair said, is by a legislative act. And if the Legislature is going to try and reign in the gray market, they would likely just pass tax-and-regulate legislation.

The personal stash harvested from a medical cannabis patient’s homegrown marijuana plant. Photo credit: Cannabis Pictures

Fair said that while the law allows for two mature and four immature plants, the policy makes it ripe for individuals to skirt the law and grow six mature plants at a time because there is no enforcement mechanism for law enforcement to ensure the plants meet those standards. Police would need probable cause to enter a citizen’s home and the only real way they could get such permission is if they were invited in, they were called to the residence for an unrelated crime, or someone were to tell them more than two mature plants were being cultivated at the residence – and even if law enforcement were to discover a six-plant grow, it would be hard for them to determine, in some cases, whether a plant is mature or immature.

Fair said that the new law has the potential to create a lot more legal questions that would need to be addressed, most likely, by the state Supreme Court; such as, whether the smell of cannabis emitting from someone’s home is probable cause.

“It’s legal – but, if you have quantities higher than the law allows, it could be a felony, right? As far as telling people what they can or can’t do is going to be a nightmare because we just don’t know yet,” he said. “We just don’t know what the courts are going to do.

At least one organization is planning a July 1 legalization party, which could raise the social-use question on the day the law takes effect. However, the party is being held on private property, which makes it near impossible that law enforcement could crack down on the event, so long as there are no cannabis sales or consumption by minors.

However, in a hypothetical, Fair said the proprietors of the property could be held liable if someone driving from that party gets into an accident – because they were allowing cannabis consumption at the party; but legally, Fair said, he believes the courts would have to hold cannabis to the same standard as alcohol in cases like this.

Neither Fair nor Smith expects local businesses to operate as “cannabis speakeasies,” as their livelihoods would most certainly be at risk.

The more things change, the more they stay the same

Look, as a New York transplant to Vermont, I can tell you that Vermont has always been viewed as the Northeast’s most liberal state when it comes to cannabis. I can tell you that I see people consuming cannabis in public parks. I can tell you that I puff on my vape pen while walking down Burlington’s Church Street and have consumed cannabis on statehouse property in Montpelier.

There is currently a bill to create a taxed-and-regulated industry in the Legislature, but lawmakers simply have no appetite to take up any more cannabis-related legislation this session – which was enough of a fight.

The legalization measure allows a gray market to exist and most advocates and stakeholders are happy with being able to operate without expensive and onerous licensing – it’s sorta the Vermont way.

At the end of the day, this might be the best form of legalization as other emerging state-sponsored markets, such as Maine and Massachusetts, are in limbo due to pushback from lawmakers and fear of federal interference. To some, this might seem like broad decriminalization rather than legalization, but now Vermonters can grow their own – or, if they can’t, they can buy an overpriced candy bar and possess up to an ounce without fear of penalty.

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A blue-tinted photograph of a police car with its lights activated.

Vermont Public Safety Commissioner Pushes for Roadside Saliva Tests

2/01/2018

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Vermont Commissioner of Public Safety Tom Anderson has told members of the House Transportation Committee that their highest priority this session should be passing legislation to allow law enforcement to use saliva drug tests if a driver is “reasonably suspected” of being impaired, according to a VT Digger report. The Vermont American Civil Liberties Union told the committee that if such legislation was enacted, the organization would sue.

Anderson’s push for the controversial drug test comes five months before the state’s cannabis legalization law takes effect.

“We’re on the cusp of (marijuana) legalization, for all of Vermonters’ sake we should be doing all we can to prevent people from driving impaired.” – Anderson, to the House Transportation Committee, via VT Digger

The saliva tests would not be used to establish a “per se” limit for THC intoxication, rather it would be used to determine whether the driver tests positive for drugs, Anderson said, adding that he wasn’t sure whether the saliva samples could even be used as evidence in court, saying that it would “take a year or two before ultimately it’s decided in court that it’s admissible or not admissible.”

Chloé White, policy director at the American Civil Liberties Union of Vermont, called the test “much more invasive of privacy and bodily integrity than a breathing test” because DNA is also removed in the tests, despite the bill forbidding it.

“As many policymakers, scientific and civil liberties advocates already said repeatedly in the past, there are multiple fundamental problems with roadside saliva testing. Some studies have shown that THC can remain in a subject’s saliva up to eight days after their last exposure to cannabis.” – White to the committee, via VT Digger

According to the report, a similar measure passed the House two years ago but was rejected by the Senate.

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The Vermont Capitol Building in Montpelier, Vermont — VT is the first state to legalize cannabis via the legislature.

Vermont Gov. Signs Cannabis Legalization Bill into Law

1/22/2018

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Vermont Governor Phil Scott (R) has signed the state’s cannabis legalization bill into law, making Vermont the ninth state to legalize adult-use cannabis and the first to do so without a ballot initiative.

Vermont’s legalization plan will allow adults 21 and older to grow and possess cannabis, but stops short of a full “tax and regulate” system — the commercial sale of any cannabis products is still illegal, as is consumption in public spaces. Adults will be allowed up to possess up to an ounce of cannabis and will be allowed to have two mature and four immature plants at home.

The law takes effect on July 1. 

This is the second legalization bill to successfully pass through both of Vermont’s legislative bodies, but the first effort was vetoed by Gov. Scott, citing public safety concerns, last May.

“After more than 15 years of hard work by MPP and our allies in the state, adults in Vermont no longer need to fear being fined or criminalized for low-level marijuana possession and cultivation. This is a great step forward for the state and the whole 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.” — Matt Simon, New England political director for the Marijuana Policy Project, in a statement.

A survey by the Marijuana Policy Project recently found that 57 percent of Vermonters support cannabis legalization, while a Gallup poll from last November found that 64 percent of Americans — including a GOP majority — would support such reforms.

“The majority of Vermonters, like the majority of the American public, desire to live in a community where responsible adults who choose to consume cannabis are no longer criminalized or stigmatized. Governor Scott should be recognized for helping to provide Vermonters with a path forward at a time when many elected officials elsewhere are clinging to the failed policies of the past.” — NORML Deputy Director Paul Armentano in a statement.

Vermont will join the ranks of Alaska, Washington, Oregon, California, Nevada, Colorado, Massachusetts, Maine, and Washington D.C. in ending the prohibition of cannabis.

Governor’s statement

In a statement submitted to the General Assembly after signing the bill, Gov. Scott said:

Today, with mixed emotions, I have signed H. 511.

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. In this context, it is very important to understand what H. 511 does and does not do.

While this legislation eliminates penalties for adult (age 21 and up) possession of no more than one ounce, and cultivation of no more than 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. And schools, employers, municipalities and landlords are also empowered to adopt policies and ordinances further restricting the cultivation and use.

The governor also suggested that before he will even “begin to consider … implementing a commercial ‘tax and regulate’ system for an adult marijuana market,” he will need to see “comprehensive and convincing plans” to address education issues and strategies for prevention and highway safety — otherwise, activists and lawmakers can expect him to veto any legislation that seeks a regulated cannabis marketplace.

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The Vermont Capitol Building in Montpelier, Vermont photographed on a colorful, autumn afternoon.

Vermont Legalizes Cannabis For Adults; No Tax-and-Reg

1/10/2018

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Vermont has become the first state to legalize cannabis via the legislature for the second time today in a voice vote, rather than a debate and roll call vote. The approval will allow adults 21-and-older to possess up to 1 ounce of flower, 5 grams of concentrate, and grow up to two mature plants beginning on July 1.

The landmark legislation still needs to be signed by Republican Gov. Phil Scott – who famously vetoed similar legislation last May citing drugged driving and public safety concerns. The House passed the measure 81-63 last Thursday.

Tax-and-regulate not included. The governor has convened a commission on the issue which forced the House to amend the bill to remove same-as provisions. Another amendment included in the bill requires would-be cultivators to obtain written permission from the landowner, or landlord, before growing cannabis for personal use.

A recent Public Policy Polling survey found 57-39 percent support for allowing adult use and possession; support dropped to 54-40 percent for a taxed-and-regulated regime.

Eli Harrington, co-founder of Heady Vermont, called the passage an important first step for advocates, patients, and the burgeoning cannabis and hemp industries in the state.

“We’ve taken the most important step of recognizing that in Vermont we believe adults have the right to responsibly consume and cultivate cannabis. Through this process the legislature has spent a lot of time educating themselves and deserve credit for listening to their constituents and learning about and issue many probably didn’t anticipate being so significant. This is the first step in a thousand-mile journey, and it is an important one, but this is the beginning not the end of cannabis reform in Vermont including focusing on updating out medical program.” – Harrington, to Ganjapreneur

Matt Simon, Marijuana Policy Project’s New England political director, said, “Vermonters should be proud” of their legislators.

“This will be an important milestone for the legalization movement. When Gov. Scott signs this legislation, Vermont will become the first state in the country to end marijuana prohibition through legislative action. MPP is proud to have helped lead the Vermont effort, just as we led the legalization ballot initiative campaigns in Maine and Massachusetts in 2016. In the past two years, we’ve seen incredible progress on marijuana policy across New England. Now that yet another state has rejected marijuana prohibition, there is even more pressure for Congress to take action to prevent any federal interference from Attorney General Jeff Sessions. It’s time for the federal government to respect the authority of states to determine their own marijuana policies.” – Matthew Schweich, MPP interim executive director, in a statement

Scott has indicated he would sign the bill if it made it to his desk this session, and once signed, Vermont will be the ninth state to legalize cannabis for adults, along with Washington, D.C. Vermont decriminalized cannabis possession in 2013.

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Vermont House Passes Revised Adult-Use Bill; Moves to Senate

1/05/2018

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On the eve of Attorney General Jeff Sessions’ directive to rescind the cannabis industry protections in the Cole Memo, House lawmakers in Vermont pushed forward a bill to legalize cannabis for adults, passing the measure 81-63. If approved by the Senate – the vote is expected on Tuesday – and signed by Gov. Phil Scott, Vermont would become the first state to legalize cannabis via the legislative process.

On Thursday, members sparred over the final details of H.511 – punctuated by Scott’s State of the State address – proposing and debating the merit of several amendments; passing just one from Republican Rep. Anne Donohue requiring written permission to cultivate cannabis on someone else’s property – such as a landlord – but rejecting the majority.

The bill eliminates all possession penalties up to an ounce for adults 21-and-older, allowing them to grow two mature and four immature plants per household. The measure does not create a tax-and-regulate system and an amendment by Republican Rep. Don Turner to establish such a program was defeated. The opposition appealed until the final roll – after proposing amendments to delay or otherwise limit some aspects of the scope – but the approved version is nearly identical to what landed on Scott’s desk last May. Notably, the language does not address “gifting” or “donating” cannabis from adult-to-adult, which could allow cannabis-friendly events in the state.

Among the amendments shot down: Republican Rep. James Harrison’s proposal to delay the rollout to July 2019; and two by Democratic Rep. Cynthia Browning – one to limit possession in homes to two pounds, and another that would have prevented the implementation of the program until the development of a roadside cannabis drug test to measure impairment. Browning argued that by not capping the amount of cannabis allowed in a person’s home, lawmakers were creating a “loophole” for drug dealing.

An amendment included in the previous measure to create a tax-and-regulate commission was removed because Scott has already appointed his own task force, whose report is expected at the end of 2018. The legislation includes enhanced enforcement of “open container” laws and consuming cannabis in a vehicle, and creates a fine-only misdemeanor crime for using cannabis in a vehicle with a minor. Language to reduce home-made extracts is also included in the bill, making it a crime for non-dispensaries to manufacture concentrates by “chemical extraction or chemical synthesis using butane or hexane.”

NORML Political Director Justin Strekal called the progress “groundbreaking.”

“Should the Green Mountain State’s leadership move forward as promised, it will mark a huge turning point in the national movement to end the criminalization of marijuana,” Strekal said in a statement. “The political courage of Vermont’s lawmakers to break with nearly a century of legislative stagnation should be interpreted as a siren call in the halls of the state legislatures nationwide as well as the U.S. Capitol.”

Matthew Schweich, interim executive director for the Marijuana Policy Project declared the vote a rebuke of Attorney General Jeff Sessions’ announcement earlier in the day that he was removing the federal protections of the 2013 Cole Memo – potentially putting a target on the back of state-approved cannabis programs of all varieties.

“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,” said Matthew Schweich, interim executive director for the Marijuana Policy Project. “The Vermont Legislature’s action underscores that states will continue leading the way toward more humane, sensible marijuana policies even if this administration reverts to the cruel and counterproductive federal policies of the past.”

A Public Policy Polling survey in March found 57 percent of Vermonters supported this could-be regime with 39 percent opposed. When confronted with tax-and-regulate, support shrank to 54 percent with 40 percent opposed. The measure moves to the Senate – which has already confirmed the bill – and, if approved, to the governor’s desk. Scott has indicated he would sign a revised reform package after vetoing legalization legislation passed by both chambers last May. At that time, it was the House that refused to hold a special veto session to reconsider the measure.

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Prosecutor: Vermont State Attorney Had No Knowledge of Parents’ Cannabis Gifting Scheme

12/29/2017

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The York County, Nebraska prosecutor handling the case of the elderly couple from California stopped with more than 25 bags of cannabis in the state said he has no reason to suspect their son – Chittenden County, Vermont Chief Deputy State Attorney Justin Jiron – had any knowledge or involvement in the bust, the Burlington Free Press reports.

“I have no reason to question his credibility.” – York County Attorney Chris Johnson

Jiron’s parents, Patrick, 83, and Barbara, 70, made headlines earlier this month when police found the cannabis during a routine traffic stop and told officers that they planned to give it all away to relatives in Massachusetts and Vermont. They were cited for possessing marijuana with intent to distribute.

Johnson told the Free Press he heard about the connection through media reports and has not been contacted by Vermont authorities.

In a statement, Chittenden County State Attorney Sarah George, Jiron’s boss, indicated he was “as surprised and upset” about the allegations “as anyone,” but Jiron, who is responsible for criminal prosecution in Chittenden County, has yet to comment on the ongoing case.

The accused Jiron’s also have not commented; however, they reportedly told police they were unaware it was illegal to transport cannabis through Nebraska.

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The long, straight stretch of road typical to Nebraska highway driving.

Elderly Couple Arrested with Cannabis ‘Gifts’ are Parents of Vermont State Prosecutor

12/27/2017

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An elderly couple made headlines last week after they were arrested in Nebraska with 60 pounds of cannabis, telling police that they planned to give it away as Christmas gifts to relatives in Vermont and Massachusetts. The Burlington Free Press now reports that their son is Justin Jiron, chief deputy state attorney for Chittenden County, Vermont.

As deputy state’s attorney, Jiron is responsible for criminal prosecution.

His parents, Patrick, 83, and Barbara Jiron, 70, were arrested on Dec. 19 on Interstate 80 in York, Nebraska for failing to signal, according to reports. They detected “the odor of raw marijuana” emitting from the vehicle and Patrick agreed to the search that turned up more than 25 bags of cannabis – which police estimate a street value of more than $300,000. The elderly couple, who live in California about three hours north of San Francisco, received citations for possessing marijuana with intent to distribute.

“Justin is in no way connected to this allegation other than by relation. Justin is and has been a dedicated public servant for over 15 years and I assure you he is as surprised and upset about these allegations as anyone” – Chittenden County State’s Attorney Sarah George, Jiron’s boss, in an email to the Free Press.

The accused Jirons have not commented; however, they reportedly told police they did not know it was illegal to transport cannabis through Nebraska.

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Patrons and CBD enthusiasts browse through the stalls at last weekend's hemp and CBD farmers market in Burlington, Vermont

Vermont Hemp Industry Takes Over Burlington City Hall for Holiday Market

12/11/2017

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The CBD and Hemp Holiday Farmers Market took over Burlington, Vermont’s City Hall – yes, City Hall – on Sunday in the latest Heady Vermont-organized effort to provide public exposure for the state’s burgeoning industry.

The event featured 18 vendors and, according to the coordinators, drew at least 500 people interested in the hemp-derived CBD products – from topicals to smokeables, edibles, and everything in-between.

Eli Harrington, co-organizer of the event and co-founder of Heady Vermont, said the event is “the most basic concept in the world” for consumers – especially those in Vermont who are accustomed to a farm-to-consumer pipeline.

“That is really the mission behind this – we really want to promote the local industry; the local producers, the local product-makers,” Harrington explained. “We don’t have the retail structure set up right now and a lot of these places aren’t selling online – this represents a real opportunity to, literally and metaphorically, find the market.”

This is the third such direct-to-consumer market hosted this year by Heady Vermont, a Burlington-based cannabis news and lifestyle outlet, including September’s inaugural Vermont Hemp Fest and a previous CBD and Hemp Farmers Market held in the city last month.

“For Vermonters, the concept of a farmer’s market is pretty ingrained,” Harrington explained in the foyer of City Hall as dozens of potential customers walked by. “It’s beneficial for the public as well, because they don’t have to worry about what website they’re reading … people don’t have to worry about where their information is coming from – is this ‘fake news,’ is this a crazy pro-weed blog – they come and get it first-hand.”

For Fred LeBlanc, the 22-year-old owner of Humble Roots Horticulture, the market provides his upstart company its first opportunity to sell products to consumers after more than a year of research and development, production, and testing. Humble Roots both cultivates and processes their products exclusively in Vermont, partnering with other local businesses for processing. LeBlanc says keeping the operations in the state helps set them apart from some of the other manufacturers and retailers which, in some cases, obtain products from other states, such as Colorado. Humble Roots’ first line of products include a concentrate, a topical salve, a vape cartridge and “whole-plant” hemp oil.

“Customers get to see the flower that we grew and the products that were made from those flowers,” he said on the market floor. “We tried to craft products we were more than happy with and give the public a perfect product.”

LeBlanc attested to the importance of the day’s market – which Humble Roots sponsored – explaining that such markets help shed light on an industry that has been “tucked away” for a long time. And, while Humble Roots does use social media to market to consumers, “there is nothing like being able to showcase our whole spread of products and being able to interact one-on-one” with consumers.

Across the aisle from Humble Roots, the Hemp Vermont Growers Co-op, organized by James Mack, used the opportunity to reach out to potential members as well as consumers. Mack said the organization hoped to engage with landowners in the state and help them to “coalesce so when the big wave comes they’ll be ready for it.” Mack said the co-op wants to ensure that “their land isn’t bought out from under them” and they can “participate in the profits” as the hemp industry matures.

“We could work with a lot of small, artisanal producers in Vermont that aren’t just necessarily growing hemp – jelly manufacturers, soap manufacturers – the sky’s the limit,” he said, noting that, at present, the state’s 540 registered hemp-producing acres and the average size of the family farm – about 90 acres – aren’t enough for some products, such as fiber; but he’s hoping that, as events like the farmers market help spread awareness, some of these farms will enter the space and begin to process hemp for food or sell it to processors for CBD-infused products.

“What Vermont should be able to do is produce some fine CBD strains, speaking realistically,” he said. “We, of course, want to support the whole industry, but this is still such a nascent market we have to look at consumer demand and processing.”

Looking around the vendor hall, Mack said the number of businesses and potential customers proved that the demand is increasing and evidenced the “tight-knit” hemp-growing community that is coming of age in the state.

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Indoor cannabis plants under the pink-hued glow of LED grow lights.

Vermont Awards Fifth Dispensary License

9/25/2017

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Vermont regulators have awarded the state’s fifth medical cannabis dispensary license to PhytoScience Institute, LLC., who will open shops in Bennington and St. Albans. The firm was one of five applicants to apply for the license.

Under the Department of Public Safety rules, PhytoScience must obtain an operating registration certificate and begin dispensing cannabis products to registered patients within six months. The fifth license is part of Act 65, which increased the number of licenses available in the state by two; however, the sixth license will not be granted until patient counts reach 7,000. As of Aug. 24, there were 4,609 patients enrolled in the program. Act 65 also permits current operators to open a second location. Once PhytoScience’s dispensaries are online, there will be 10 dispensaries operating in the state.

In an interview with Heady Vermont, Dr. William Cats-Beril, CEO of PhytoScience, indicated the company plans “to work closely with existing dispensaries.”

“We’re committed to well-being, to helping patients, to developing products that have a therapeutic impact on the life of patients and we identified areas that we thought were underserved,” he said in the exclusive interview. “… We hope to serve large swaths of patient populations – they’ve had poor access, long drives, and we hope that we’ll make it much more convenient to what we think is the best product in the state.”

According to a VT Digger report, two other hopefuls had their applications rejected by DPS who claimed they were incomplete.

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A cannabis worker plucks large leaves from the stalk of a freshly harvested plant.

Two State Reps. Named to Vermont Marijuana Commission

9/13/2017

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Vermont House Speaker Mitzi Johnson, a Democrat, has appointed Rep. Ann Pugh and Rep. Maxine Grad to the governor’s Marijuana Advisory Commission. The appointments by Johnson are required under the executive order creating the commission.

Pugh, a Democrat, serves as the chair of both the House Committee on Human Services, and the Joint Legislative Child Protection Oversight Committee. Pugh voted against the measure to legalize cannabis possession, up to 1 ounce, by adults 21-and-older in the state, which was ultimately passed by the legislature, but vetoed by the governor.

Grad, also a Democrat, chairs the House Committee on Judiciary and sits on the Joint Legislative Justice Oversight Committee. Grad voted in favor of the legalization proposal.

Grad and Pugh are the latest commissioners to be named; earlier this week Republican Gov. Phil Scott announced that the commission would be headed up by the former chairman of the Vermont Democrats Jake Perkinson and Burlington-based attorney Tom Little.

The Senate Committee on Committees will also make two appointments along with the Secretary of Agriculture or a designee; the Commissioner of Health or a designee; the Secretary of Commerce and Community Development or designee; the Commissioner of Taxes or designee; the state Attorney General or designee; and the Executive Director of the States’ Attorneys and Sheriffs, or designee.

The first meeting of the commission is set for Oct. 1; Gov. Scott has indicated he wants an initial report by Jan. 15, 2018.

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Inaugural Vermont Hemp Fest Hosts Thriving Industry Entrepreneurs

9/11/2017

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Some of Vermont’s finest hemp-derived products were on display at the state’s inaugural Hemp Fest – and the event surpassed the expectations of attendees, exhibitors, and the organizers alike. Featured were more than 20 exhibitors, from hemp cultivators to CBD producers to ancillary businesses — including the usual, such as web designers, and the not-so-usual, such as a hemp-fiber fashionista.

The latter was one of five finalists for the event’s business pitch competition, sponsored by Purple Fox Engineering, an Essex Junction prototype production shop, which featured a $1,000 cash and a $1,000 in-kind services prize for the winner.

A handmade and hemp-based wedding dress on display at the Tara Lynn Bridal booth during the inaugural Vermont Hemp Fest.

Tara Lynn Scheidet, 38, the proprietor of Tara Lynn Bridal whose handmade custom clothing is a mix of hemp and silk, started her business in 1999 – moving it to Vermont in 2005 – and said now that the state’s industry is maturing she believes it’s the perfect time to secure financing for the bridal line. She discovered hemp fiber at a shop in Hell’s Kitchen while attending the Fashion Institute of New York City.

“I wanted to take what I love doing – I love making clothes, I love fashion – and make it … more environmentally conscious,” she said in an interview on the exhibitor floor, adding that after starting to work with hemp she became an activist in addition to designer.

“Everything I do is made to order. I design my own patterns, cut and sew everything, and I don’t do production at this time,” she explained. “I’ve been pitching the business to a lot of investors just trying to find a way to grow and get more economical.”

Hempcrete — an efficient and environmentally friendly construction material made from industrial hemp — on display at the Hempfully Green House Healing booth, organized by Emily Peyton.

Emily Peyton, another longtime hemp-centric entrepreneur and former Vermont gubernatorial candidate, was pitching not just her business, Hempfully Green Healing House, but was also hoping to garner interest for a CBD co-op, which would be constructed from hempcrete. She said the “biggest challenge” for her long-term co-op vision has been “a financial hurdle” but in the meantime she has been growing hemp and making “foodie items” including hemp shortbread cookies, hemp pesto, and Zemp cider — which contains living hemp leaves, kale, mint, aloe, lemon, and black cherry juice — with hemp seed and oil. She envisions the co-op being constructed in a populous area, such as Burlington, and eventually being franchised to other entrepreneurs throughout the nation.

“I’m a mom. I have no degrees, I’m self-taught,” she said describing her background with hempcrete, which she traces back to 2010. Since then she has been invited to speak at International Hemp Building Symposium twice. “It feels like there’s this gigantic green wave and we’re on a surf board. This has been a grassroots movement.”

Rachel Collier, creator of The Simmering Bone, introduced her CBD-infused bone broth at the event and ultimately won the event’s business pitch competition.

The big winner of the evening, though, was Rachel Collier, whose bone broth company pitch wooed the competition judges. Bone broth is produced by slowly simmering animal bones, joints, and connective tissues with herbs and vegetables and the concoction is purported to provide immune system support and help healing processes. At Hemp Fest, her company, The Simmering Bone, introduced a CBD-infused broth, which offers similar therapeutic benefits to broth, she said. Her process involves extracting as much of the collegian as possible “because that seems to be where most of the health benefits lie.” Collier explained that fall was prime “broth season” as farmers have begun to slaughter, and bone broth makers help farmers put the whole animal to use. She indicated she would use the cash prize to purchase bones for broth production.

Following her competition win, which Collier said would “give her a leg-up this broth-making season,” she noticeably held back tears and said simply she was “so excited” while hugging each of the three judges.

Collier wasn’t the only vendor who unveiled a product at the event, as Green Empire Brewing gave away free samples of their hemp-infused Chill Session IPA brew to attendees throughout the day.

“It’s been a great response from everyone,” said Evan Vacarr, co-owner of the nano-brewery while pouring beer into plastic cups during Hempy Hour. “People are very stoked. As soon as the nose hits the glass everyone is stoked.”

Evan Vacarr serves a cup of hemp-infused beer to a Vermont Hemp Fest attendee.

As of 7:00 pm, he admitted he still hadn’t kicked the 15-gallon keg, but he anticipated serving at least 1,500 pours throughout the evening. “Good launch, really good launch,” he said.

For state Sen. John Rodgers, who represents Vermont’s Essex-Orleans district and believes he is the only state lawmaker to hold a hemp cultivation license, hemp represents a way for small-scale farmers in the state to make some money from their land. Rodgers said he was surprised at not only the “fountain of knowledge” on display at Vermont Hemp Fest, but also the overall interest as evidenced by the constant stream of attendees.

“Quite frankly, I’ve been looking for a way to get back to farming for years,” Rodgers, who grew up on a dairy farm, explained. “If there is a way I can grow CBD hemp, and I’m looking at several other go-along plants, and I could stay home and farm more I think it would greatly improve the quality of my life.”

Presently, the senator is seeding his plants, hoping that he can up his grow to about three acres next season. Although he’s not entirely sure what his end-product will be, he said he is considering CBD extraction, which was “one of his main interests” for attending the event.

“Eventually, I would hope to be part of some co-op that has an extractor or get one myself so I start making some products,” he said. “But I guess in the beginning I would prefer to just grow, dry, and pass the product on to somebody else to do the business part.”

Monica Donovan, co-founder of Heady Vermont and co-organizer of Hemp Fest, said the inaugural event — held at Burke Mountain Hotel & Conference Center in East Burke, a region known as the state’s Northeast Kingdom — “exceeded her expectations, vastly.”

“People didn’t know what to expect because we have never done anything like this before, Vermont has never done anything like this before,” she said, adding that while she and co-organizer Eli Harrington has a “loose” idea what they were getting themselves into, they were both thrilled with the number and diversity of the attendees.

Donovan said that following the success of this year’s event she is already planning to host the second installment next year, but declined to offer where it might be in the state, only that it would maintain “the retreat vibe.”

 

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Vermont Governor Creates Marijuana Advisory Commission After May Legalization Veto

9/11/2017

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Vermont Gov. Phil Scott last week announced the creation of the Governor’s Marijuana Advisory Commission which was conceived following Scott’s May veto of the first cannabis legalization bill ever passed by a state Legislature. Scott originally created the commission with an executive order following his veto action.

“As I’ve said before, I’m not philosophically opposed to eliminating the prohibition on recreational use by adults. However, I believe we have an obligation to learn from the experiences of other states, and have comprehensive education and highway safety protocols in place before moving to a fully taxed and regulated recreational-use marketplace,” Scott said in a press release. “We must ensure that any approach we take prioritizes public health and safety, particularly the health implications for our children, and the need to ensure safety on our roadways.”

The commission will consist of three subcommittees that will evaluate legalization, including one on road safety, a second on education and youth prevention, and a third to explore the options for a taxed and regulated market, including insurance, banking, and local zoning issues.

The commission will be chaired by former chairman of Vermont Democrats Jake Perkinson, and Burlington-based attorney Tom Little and will include two members appointed by the Senate Committee on Committees; two members appointed by the House Speaker; the Secretary of Agriculture or a designee; the Commissioner of Health or a designee; the Secretary of Commerce and Community Development or designee; the Commissioner of Taxes or designee; the state Attorney General or designee; and the Executive Director of the States’ Attorneys and Sheriffs, or designee.

The first meeting is set for Oct. 1, and the governor expects an initial report by Jan 15, 2018.

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A beer tasting flight — a collection of a brewery's top offerings.

Vermont Brewers Partner with Hemp Farm for CBD-Infused Beer

8/29/2017

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Vermont-based Long Trail Brewing Company is partnering with local hemp cultivators Luce Farm on an infused beer using the farm’s CBD-infused honey. The yet-to-be-named small-batch brew is set for a Labor Day weekend release.

Ian Harbage, co-head brewmaster for Long Trail, said that while “there might be a bit of public learning curve” around the reception of the beer, the company anticipates “a lot of people will be as excited” as they are about the brew.

“We were very excited when approached by Luce Farm,” Harbage said in a press release. “We weren’t too concerned about the perception – to us, it sounded like a unique and interesting opportunity. It’s a great local connection and a chance for us to try new ingredients and learn from the process.”

Rebecca Pimentel, Luce Farm co-owner, called the collaboration “very exciting.”

“It’s an honor to be able to partner with our favorite Vermont brands to collaborate on new products and discover how best to introduce people to the benefits of CBD,” she said in a statement.

The offering will only be available during Labor Day weekend at Long Trail’s Bridgewater Corners tasting room. The owners of Luce Farm will also be on hand offering samples of their CBD-infused products.

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Vermont Lawsuit Challenges Search and Seizure When Officer Claims Cannabis Odor

8/21/2017

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A lawsuit over a vehicle search after a traffic stop based on the alleged odor of cannabis is headed to the Vermont Supreme Court after being thrown out by a lower court in May, according to a VT Digger report. The lawsuit by the American Civil Liberties Union on behalf of Gregory Zullo alleges that the Rutland resident was improperly pulled over and searched, and his vehicle illegally seized.

According to court documents outlined by the Digger, Zullo, an African-American state resident, was stopped in March 2014 by Trooper Lewis Hatch – who has since been fired – and ordered to exit his vehicle “based on the alleged odor of burnt marijuana.”

“Hatch seized Mr. Zullo unnecessarily for an hour and had Mr. Zullo’s car towed to the barracks for a search, which revealed no contraband,” the ACLU’s docketing statement states. “To retrieve his car, Mr. Zullo walked and hitch-hiked eight miles home through sub-freezing temperatures, waited several hours at the barracks, and was forced to pay a $150 fee.”

Criminal charges were never filed against Zullo. Hatch was fired for his pattern of conducting illegal searches, which usually targeted black men, Seven Days reported in May 2016, five months after he was terminated. Hatch has subsequently appealed that decision to the Vermont Labor Relations Board.

Hatch claimed that the reason for stopping Zullo was because the registration sticker affixed to his license plate was obscured by snow; however Zullo’s attorney, Lia Ernst, contends that racial profiling is to blame.

“When the alleged reason for the stop is something that nearly every vehicle driving in Vermont in winter would be in the same condition, we have to ask why stop this vehicle and not some other vehicle,” she said in the report.

The lawsuit also challenges whether Vermont police should continue to use the “sniff test” as justification for searches as possession of 1 ounce or less of cannabis has been decriminalized in the state since 2013.

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Autumn-colored leaves in a Vermont forest.

Vermont Brewer and Garden Supply Company Founder Apply for MMJ License

8/16/2017

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The founder of Vermont-based Magic Hat Brewing Company, Alan Newman, has partnered with the founder and chairman of Gardener’s Supply, Will Raap, hoping to secure the state’s fifth medical cannabis license, according to a VT Digger report. Newman and Raap are aiming to build their production facility in Randolph with dispensaries in Lyndonville and Winooski.

Newman and Raap are members of the Vermont Cannabis Collaborative, along with former Gov. Peter Shumlin’s chief of staff, who in 2015 released a report that purported a taxed-and-regulated cannabis industry in the state could create 4,000 direct and indirect jobs. The report cites a 2014 RAND Institute study that found Vermonters consume between 33,000 and 55,000 pounds of cannabis per year.

“A more accurate description of legalization is that it’s a way to regulate a currently large and uncontrolled economy,” the report says.

The duo indicated that they were hesitant to apply for a license because they assumed that the new license would go to a Bennington operator. At least one applicant has applied to operate in the city, which borders New York and is home to state Sen. Dick Sears — who has championed both the medical cannabis and adult-use cannabis bills, the latter of which was vetoed by Gov. Phil Scott in May over public safety concerns.

Raap and Newman have already negotiated leases on properties in the targeted areas in the event that their application is approved. They indicated that if they don’t secure a license this round they will reapply for the sixth state license which will be available when the state’s patient count reaches 7,000.

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The Vermont State Capitol building in Montpelier, Vermont.

Vermont House Blocks Renewed Legalization Efforts

6/23/2017

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Republican lawmakers in the Vermont House refused a special veto session this week for an adult-use legalization bill, ultimately killing Vermont‘s final chance of passing major cannabis reforms until sometime next year, the Burlington Free Press reports.

The bill in question had been vetoed by Gov. Phil Scott last month over concerns held by the governor that the legislation did not go far enough to protect children or to penalize drivers caught driving while under the plant’s influence. The governor sent the bill back to lawmakers saying that, if they addressed his concerns, “there is a path forward on this.”

Senators heeded the governor’s words and reconvened in a special session on Wednesday to easily pass an adjusted version of the bill. The bill will go no further, however, as House Republicans blocked the bill from consideration that night. Instead, state representatives will pick up the legislation where they left off when the legislative session starts up again at the beginning of next year.

The bill in question was the first and so far only piece of legislation legalizing recreational cannabis to ever make it out of a U.S. state legislature and onto a governor’s desk. If it had been successful, the bill would have legalized the adult possession of up to 1 ounce of cannabis and the home growing of up to four cannabis plants starting in July of 2018.

With the next legislative session set to begin in January, however, it remains possible for Vermont to approve a legalization law that could still take effect by the July 1, 2018 target date.

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The golden dome on top of the Vermont Statehouse in Montpelier, Vermont.

Vermont Lawmakers Send Cannabis Legalization Compromise to Gov.

6/13/2017

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Vermont lawmakers have sent a cannabis legalization compromise proposal to Gov. Phil Scott after the Republican vetoed a measure last month that would have allowed small home-grows and allowed adults 21-and-older to possess up to 1 ounce of cannabis, according to a Vermont Press Bureau report. In his veto message, Scott said there would be a “path forward” to an agreement if legislators addressed his concerns over the measure before the June 21 veto session.

According to the Senate proposal, sent to the governor on June 8, the new measure includes changes to the language defining “public place,” new language allowing seizure if an individual is caught possessing more than the law allows, or in a place where cannabis is explicitly not permitted, such as a child care center, or in a car or public space. The seizure language was approved by the American Civil Liberties Union, the Defender General, and the Attorney General.

Additionally, $200 civil penalties are included for passenger consumption of cannabis in a car, and $500 for consumption in a car with a child present. The measure imposes a fine of $500 and a misdemeanor charge for cultivation in a child care center or after-school program.

Sen. Dick Sears said it was the first attempt to negotiate with the Republican executive on the bill and the lawmakers key in crafting the legislation have gone “a long way to meeting what [Scott] wanted.”

“If, in fact, he gets on board with this I think it’s up to the House Republicans to decide if they want to go against their governor,” Sears said in the report. “That’s the hold-up.”

Rebecca Kelley, spokeswoman for Scott, said the executive’s office is “encouraged to get a good counterproposal to what the governor put forward.”

“All of our conversations on this have been productive,” she said. “We think we’re working towards an agreement and appreciate everyone putting forward a good-faith effort.”

If approved and signed into law, Vermont’s legislature would be the first to pass laws allowing adult possession and consumption. The proposal includes provisions to create a commission to explore setting up a more comprehensive taxed and regulated system.

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