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House adopts broad cannabis regulatory package with medical-access provisions and municipal setbacks

March 26, 2024 | HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont


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House adopts broad cannabis regulatory package with medical-access provisions and municipal setbacks
Representative Byron, speaking for the Government Operations and Military Affairs Committee, presented H.612 as a multi-part bill updating Vermont’s cannabis regulatory framework and addressing gaps that have emerged since adult-use retail launched. "Importantly, H612 will ban synthetic hemp derived intoxiciating products with psychoactive THC that are currently unregulated," Byron said, describing products appearing in gas stations and convenience stores that exploit a federal-state definitional gap.

The bill clarifies state law to treat any product that is intoxicating under Cannabis Control Board (CCB) rules — whether hemp- or marijuana-derived — as subject to the full spectrum of Vermont cannabis regulation, including licensing, packaging, labeling and age restrictions. H.612 also tightens the statutory definition of "control" to specify who must submit to federal background checks when applying for a cannabis license, a change the committee said was necessary after an FBI denial tied to the prior ambiguity.

Sections 3 through 9, 13 and 14 would create a medical-use endorsement for adult-use retailers so they can offer delivery, curbside pickup and tax-exempt sales to registered medical patients, while subjecting those retailers to additional patient-focused regulatory requirements, including training and confidentiality protections. The committee reported an added $250 endorsement fee on top of the existing $10,000 retailer fee.

The bill makes several patient-focused adjustments: adding ulcerative colitis to the qualifying conditions for the medical registry and extending the patient registration renewal term from one year to three to reduce administrative burden. It would also reduce application and annual fees for medical dispensaries; the transcript reports a decrease in application fees (stated as from $25,100 to $1,000) and a reduction of annual fees from $25,000 to $5,000.

H.612 includes technical fixes (for example removing authority to impose an advertisement-review fee), allowances for outdoor cultivators to use existing farm buildings for basic drying and storage without full commercial-code upgrades, and a proposal to replenish the Cannabis Business Development Fund with a one-time $500,000 transfer from cannabis-related revenues to support loans and grants for small businesses and those disproportionately harmed by prohibition.

On local control, the bill permits municipalities with zoning authority to adopt "cannabis cultivation districts" and to set minimum setbacks between outdoor cultivation canopies and property boundaries or highways. The setback scheme would vary by local zoning: up to 25 feet inside an adopted cultivation district, up to 100 feet outside such districts, and 10 feet where a municipality has no zoning. The committee said these measures respond to odor and neighborhood concerns while retaining statewide licensing rules.

Representative Anthony (Ways and Means) told members the bill’s fiscal effects on the special cannabis regulatory fund are small; the committee supported the amendments and reported slight increases to the general and education funds (the transcript gives maxima of roughly $500,000 and $250,000 respectively). Representative Shai (Appropriations) reported a $500,000 appropriation from the cannabis regulation fund to the Cannabis Business Development Fund as written and said Appropriations made no further changes.

A member from Clarendon opposed the measure on grounds that municipalities still lacked sufficient authority to restrict federally illegal cultivation in their towns, calling the bill unjust for some towns and residents. The House resolved the question of adopting the committee amendments by voice vote; the "ayes appeared to have it," the amendments were adopted, and third reading was ordered.

The bill as amended contains multiple implementation details that will be addressed by the Cannabis Control Board through rulemaking, including the mechanics of the medical-use endorsement and performance benchmarks for cultivators. The floor action concluded with committee endorsements and the House advancing H.612 toward final passage procedures.

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