Bill would compel Vermont towns to hold cannabis opt‑in votes in 2026; debate centers on zoning and effective prohibition

Legislative counsel explained a new Section 8 63a that would require cities, towns and incorporated villages that have not held an opt‑in vote to put the question on the 2026 general election ballot. "As of 07/01/2026 [municipalities] that have not voted on the question ... shall vote on the article contained in this section," counsel said.

Committee members debated whether the draft's language sufficiently protects a municipality's ability to restrict locations by zoning while preventing legislative bodies from overruling a voter opt‑in. One member asked whether the text allows municipalities to add location restrictions to zoning bylaws; counsel said the amendment expands the scope of permissible conditions to align with bylaws and ordinances but retains a prohibition on ordinances or bylaws that would have the effect of prohibiting cannabis establishments outright.

Several members urged clearer drafting to avoid double negatives and to make explicit that municipalities can designate where retailers may operate without effectively banning them across the municipality. Counsel said a six‑month delay between a favorable vote and effective authorization is included to permit towns time to adopt ordinances and bylaws.

No committee vote occurred. Members requested improved, clearer statutory language and examples of how zoning and ordinance language could be framed to allow location restrictions while complying with the opt‑in requirement. The committee also asked staff to provide comparisons to the 1969 approach used for alcoholic beverage local option votes, which counsel said the draft mimics.