Senate Approves H.612 Amendments Setting Interim Cannabis Setbacks, Preserving Municipal Authority

The Vermont Senate on third reading amended and passed H.612, a package of miscellaneous cannabis law changes that consolidates overlapping studies, sets interim statewide setback rules for outdoor cannabis cultivation and preserves municipal authority to establish cultivation districts.

Senator from Wyndham, presenting the amendment, said it “consolidates studies that were being done by different entities regarding the cannabis social equity working group” and explained the interim approach to setbacks: if no municipal bylaw exists, a minimum setback of 10 feet would apply; municipalities may adopt cannabis cultivation districts and set setbacks up to 25 feet inside such districts and up to 50 feet outside them if a municipality chooses. The amendment also asks the Cannabis Control Board to study regulation and report back with recommendations.

Senators asked whether the changes would be retroactive for existing growers. A senator from Chittenden Central asked directly whether existing growers “will have to change their practices in order to comply with laws that weren't in place when they started?” A floor responder said the bill “would not limit the ability of an existing grower” immediately and that the setbacks framework takes effect on Jan. 1, 2025, giving growers six months to assess potential impacts.

The amendment preserves an option for municipalities to create cannabis cultivation districts that carry a presumption they will not unduly change the character of the area; at the same time the amendment prevents districts from being used to ban outdoor cultivation outright. The amendment also broadens stakeholder inclusion for the Cannabis Control Board’s study to entities such as the League of Cities and Towns, the Cannabis Equity Coalition, the Vermont Medical Society and Cannabis Retailers Association.

After floor debate the Senate adopted the amendment and ordered third reading; members then voted to pass H.612. The Senate moved to message the action to the House pursuant to its rules.

Next steps: the Cannabis Control Board is expected to follow up with study results and municipalities may begin considering local rules ahead of the January 1, 2025 effective date for setback changes.