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S 54 - Authorizes the Sale and Regulation of Cannabis - Vermont Key Vote

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Title: Authorizes the Sale and Regulation of Cannabis

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes the sale and regulation of cannabis.

Highlights:

 

  • Establishes the Cannabis Control Board as an independent commission set to operate within the executive branch for the purpose of effectively, equitably, and safely administering and implementing the laws relating to adult-use of cannabis (Chp 31).

  • Authorizes the Cannabis Control Board to obtain criminal records and background checks, in- and out-of-state (Chp 31).

  • Prohibits a cannabis licensee from permitting a person under the age of 21 to enter any building where cannabis is located (Chp 33).

  • Requires that small cultivators be prioritized in the licensing application process, and their unique needs as small farmers and cultivators must be taken into consideration before accepting or rejecting their application (Chp 33). 

  • Specifies that policies for advertising the use of regulated cannabis in the market should favor those diverse communities that have been disproportionately harmed by cannabis production (Chp 33).

  • Requires all testing of cannabis-related products to be done by laboratories independent of those marketing and selling said cannabis (Chp 33).

  • Establishes a “cannabis excise tax” of 14 percent of the sales price of each retail sale in the state of Vermont that the purchaser will pay to the retailer or licensee (Chp 207).

  • Requires that a saliva test only be administered when (Sec 23):

    • The law enforcement officer has reasonable grounds to suspect that the individual is under the influence of a drug other than alcohol, or as well as alcohol;

    • The person is deemed to have given consent to a saliva test; and 

    • The saliva test is administered and tested solely in pursuit of detecting the presence of a drug in the person’s body, not for obtaining any information regarding DNA.

  • Specifies that this bill discusses the recreational use of cannabis, not therapeutic use (Chp 33).

  • Specifies that this bill will go into effect July 1, 2024 (Sec 33).

See How Your Politicians Voted

Title: Authorizes the Sale and Regulation of Cannabis

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes the sale and regulation of cannabis.

Highlights:

 

  • Establishes the Cannabis Control Board as an independent commission set to operate within the executive branch for the purpose of effectively, equitably, and safely administering and implementing the laws relating to adult-use of cannabis (Chp 31).

  • Authorizes the Cannabis Control Board to obtain criminal records and background checks, in- and out-of-state (Chp 31).

  • Prohibits a cannabis licensee from permitting a person under the age of 21 to enter any building where cannabis is located (Chp 33).

  • Requires that small cultivators be prioritized in the licensing application process, and their unique needs as small farmers and cultivators must be taken into consideration before accepting or rejecting their application (Chp 33). 

  • Specifies that policies for advertising the use of regulated cannabis in the market should favor those diverse communities that have been disproportionately harmed by cannabis production (Chp 33).

  • Requires all testing of cannabis-related products to be done by laboratories independent of those marketing and selling said cannabis (Chp 33).

  • Establishes a “cannabis excise tax” of 14 percent of the sales price of each retail sale in the state of Vermont that the purchaser will pay to the retailer or licensee (Chp 207).

  • Requires that a saliva test only be administered when (Sec 23):

    • The law enforcement officer has reasonable grounds to suspect that the individual is under the influence of a drug other than alcohol, or as well as alcohol;

    • The person is deemed to have given consent to a saliva test; and 

    • The saliva test is administered and tested solely in pursuit of detecting the presence of a drug in the person’s body, not for obtaining any information regarding DNA.

  • Specifies that this bill discusses the recreational use of cannabis, not therapeutic use (Chp 33).

  • Specifies that this bill will go into effect July 1, 2024 (Sec 33).

See How Your Politicians Voted

Title: Authorizes the Sale and Regulation of Cannabis

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the sale and regulation of cannabis.

Highlights:

 

  • Prohibits the consumption of cannabis in public places unless specifically authorized by law (Ch. 31, Sec. 833).

  • Defines “public place” as any street, alley, park, sidewalk, or public building other than an individual's dwellings (Ch. 31, Sec. 831).

  • Establishes a Cannabis Control Board that is responsible for safely, equitably, and effectively implementing and administering the laws enabling access to medical and adult-use cannabis in Vermont (Ch. 31, Sec. 841).

  • Specifies the following duties of the Cannabis Control Board, including, but not limited to (Ch. 31, Sec. 841):

    • Rulemaking and administration of the program for licensed cannabis establishments;

    • Administration of the Medical Cannabis Registry on or after January 1, 2021;

    • Compliance and enforcement of programs at licensed medical cannabis dispensaries; and

    • Submission of the annual budget to the Governor.

  • Specifies that members of the Cannabis Control Board shall include the following (Ch. 31, Sec. 841):

    • 2 members appointed by the Governor;

    • 1 member appointed by the Senate Committee on Committees;

    • 1 member appointed by the Speaker of the House; and

    • 1 member appointed by the Attorney General;

  • Specifies that board members shall serve for a term of 3-9 years or until a successor is appointed and eligible for replacement (Ch. 31, Sec. 841).

  • Defines “cannabis establishment” as a cannabis cultivator, wholesaler, retailer, or testing laboratory licensed by the board to engage in commercial cannabis activity (Ch. 33, Sec. 861).

  • Prohibits cannabis advertising from containing any of the following statements or illustrations, including, but not limited to (Ch. 33, Sec. 864):

    • Promoting overconsumption;

    • Representing that cannabis has curative effects;

    • depicts an individual under the age of 21 consuming cannabis; or

    • Is deceptive, false, or misleading.

  • Prohibits cannabis establishments from advertising their products with flyers, television, radio, billboards, print or internet use unless the licensee can prove that no more than 30 percent of the audience is reasonably expected to be under the age of 21 (Ch. 33, Sec. 864).

  • Requires that all cannabis advertising contain the following warnings (Ch. 33, Sec. 864):

    • “For use by adults 21 years of age or older.  Keep out of the reach of children”; and

    • “Cannabis has intoxicating effects and may impair concentration, coordination, and judgement”.

  • Requires a licensee complete an enforcement seminar every 3 years conducted by the board in order to renew their license and show that they have complied with the terms of this section (Ch. 33, Sec. 865).

  • Establishes the following 5 types of cannabis licenses that shall all expire and need renewed on April 30 of each year (Ch. 33, Sec. 901):

    • A cultivator license;

    • A wholesaler license;

    • A product manufacturer license;

    • A retailer license; and

    • A testing laboratory license.

  • Authorizes the board to develop different cultivator license tiers based on the plant canopy size of the operation and may develop tiers for other licenses as appropriate (Ch. 33, Sec. 901).

  • Requires the board to consider and offer priority licenses to minority and women-owned businesses models with plans to recruit, hire, and pay employees a living wage with benefits in order to combat the effects of the war on drugs (Ch. 33, Sec. 903).

  • Authorizes a cannabis excise tax equal to 10 percent of the sales price and specifies that this imposed tax is separate from the cannabis local option tax, which shall be equal to one percent of the sales price on each retail sale made in the local municipality (Ch. 207, Sec. 7901).

Title: Authorizes the Sale and Regulation of Cannabis

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