Fact Checked by Doctor NameIntroduction of Vermont Marijuana Laws
Table of Contents
Vermont is leading American marijuana policy change with its progressive marijuana legislation. Since 2004, the state has allowed medicinal marijuana usage.
In 2018, Vermont legalized recreational marijuana possession and home growing for people 21 and older. This made Vermont the first state to legalize cannabis legislatively.
While legal for personal use, licensed retail sales of recreational marijuana are not yet permitted as of 2023.
However, Vermont is moving towards allowing regulated sales, with an expected launch in 2022 or 2023.
In the meantime, adults 21+ can legally possess up to 1 ounce of cannabis flower or 5 grams of concentrate.
Home cultivation of small amounts is also allowed for personal use. Registered medical marijuana patients have even broader access rights.
As commercial cannabis sales unfold, Vermont aims to take a sensible public health approach to legalization, including restrictions on advertising and products.
The state also emphasizes social equity programs to ensure equal access to the emerging industry. Ongoing legislative changes continue to shape Vermont’s progressive marijuana policies.
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Historical Context Of Vermont Cannabis Laws
- Cannabis cultivation has existed in Vermont since the late 1700s for use in textile manufacturing and medicinal preparations.
- The first major restrictions came in 1915 when Vermont classified cannabis as a “habit-forming narcotic.”
- In the 1960s and 70s, marijuana laws were relaxed with broader decriminalization efforts nationwide. Possession of small amounts was reduced to a civil fine.
- In the 1980s, during the “war on drugs” era, penalties became harsher again, with 1-2 years imprisonment possible for any possession.
- Vermont Patients Coalition activism led to medical marijuana legalization in 2004.
- In 2013, civil fines of $200–$500 replaced criminal sanctions for possessing up to 1 ounce.
- Cultivation of a small number of plants was also decriminalized for personal adult use.
- Broader legalization occurred in 2018 with the passage of Bill H.511, allowing adult possession and home cultivation.
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Current Legal Status: Is Marijuana Legal in Vermont?
Recreational Use in Vermont
Possession Limits in Vermont
- One ounce of marijuana flower or five grams of hashish is permitted for those 21 and older.
- Cannabis foods, oils, and tinctures are legal.
- Possessing more than 1 ounce of flower or 5 grams of concentrates is unlawful. Misdemeanor possession of 2-3 ounces.
Legal Age for Recreational Use in Vermont
Vermont’s legislation legalizing recreational marijuana use established 21 as the minimum age to possess, purchase, or consume cannabis.
The law passed in 2018, aims to protect developing adolescent brains. Those under 21 found in possession face fines of up to $500 and additional penalties.
Supplying cannabis to minors is strictly prohibited. While the age restriction has public health motivations, critics argue it pushes underage users to buy from the unregulated illicit market.
There is an effort in Vermont to allow limited home cultivation for those 18-20 years old while still barring legal sales to those under 21.
The policy debate continues around keeping cannabis away from youth versus driving underage use underground.
Retail Cannabis Stores in Vermont
- As of 2023, recreational marijuana retail stores are still prohibited in Vermont.
- Bills to establish a regulated commercial market have stalled, though sales may still begin in 2022 or 2023.
- Initially, up to 30 retail licenses would be granted in Vermont under proposed legislation.
- Retailers could sell cannabis flowers, oils, edibles, tinctures, topicals and more to adults 21+.
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Medical Marijuana in Vermont
Vermont’s medicinal marijuana program began in 2004. Medical marijuana cards enable debilitated patients to get cannabis at licensed businesses or homes.
To receive a medical card, patients must submit an application, pay to the state’s Marijuana Registry and get physician certification. Card registration lasts one year.
Vermont medicinal dispensaries sell up to 2 ounces per month to registered patients.
Qualifying Medical Conditions and Patient Registration in Vermont
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Patients Medical Conditions Include:
- AIDS/HIV
- Cachexia or Wasting Syndrome
- Cancer
- Chronic Pain, Muscle Pain and Other Types of Pain
- Crohn’s Disease
- Epilepsy
- Glaucoma
- Multiple Sclerosis (MS)
- Nausea & Vomiting
- Parkinson’s Disease (PD)
- Post-Traumatic Stress Disorder (PTSD)
- Seizures and Seizure Disorders
Obtaining a Medical Marijuana Card in Vermont
- Patients must receive certification from a registered healthcare provider that they have a qualifying condition.
- The provider completes an application form outlining the patient’s condition, treatment history, and necessity of marijuana for treatment.
- Patients then apply along with a $50 fee to the state’s Marijuana Registry.
- Card registration is valid for 1 year and must be renewed annually with an updated certification.
Accessing Medical Marijuana Dispensaries in Vermont
- Statewide, there are 9 licensed medical dispensaries.
- Registered patients may buy oils, edibles, pills, and flowers from dispensaries.
- Dispensaries sell 2 ounces of marijuana every month. Some dispensaries prohibit particular products.
- Before allowing access, dispensaries will check for a current Marijuana Registry medical card.
Hemp and CBD Regulations in Vermont
- Hemp-derived CBD products with less than 0.3% THC are legal in Vermont. No prescription is required to purchase CBD.
- Growing hemp was legalized in Vermont in 2013 under provisions of the 2014 Farm Bill.
- The Vermont Agency of Agriculture regulates hemp cultivation, including licensing of growers.
- In 2019, Vermont’s Health Department prohibited sales of CBD food and beverage products, citing FDA regulations.
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Weed Cultivation and Home Growing in Vermont
- Adults 21+ can legally cultivate up to 2 mature and 4 immature weed plants at home.
- Medical marijuana patients can grow up to 9 mature plants and 2 ounces of harvested cannabis.
- All home cultivation must occur in an enclosed, locked space, not in public view. Landlords can prohibit cultivation.
- There are no limits on the amount of cannabis produced for personal use, provided it stays within the possession limits.
- Local municipalities may establish their regulations on home growing, such as prohibiting outdoor cultivation.
- Caregivers registered with the state’s medical marijuana program can grow cannabis for up to 5 patients.
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Marijuana Sales and Distribution In Vermont
- Licensed medical dispensaries are currently the only legal way to purchase cannabis. Recreational sales remain prohibited.
- Dispensaries can offer various marijuana products, including dried flowers, oils, edibles, tinctures, and topicals.
- Many dispensaries also act as registered caregivers, growing cannabis and providing it at no cost to patients who cannot grow themselves.
- Some towns in Vermont have opted to ban dispensaries from opening locally through town ordinances.
- Delivery services and cannabis lounges or cafes remain illegal at this time.
Marijuana Public Consumption and DUI Laws in Vermont
- It is prohibited to consume marijuana in any public place, vehicle or establishment. Violations can result in civil fines.
- Landlords and business owners can ban the use of marijuana on their properties. Tenants could face fines or eviction for violations.
- Driving under the influence of marijuana carries penalties similar to a DUI offense, including fines, license suspension, and possible jail time.
- Law enforcement primarily relies on field sobriety testing to determine marijuana impairment rather than per se THC limits.
- Consuming marijuana while operating motor vehicles or boats is strictly prohibited, even for passengers.
Social Equity and Cannabis in Vermont
- Vermont has enacted policies aimed at promoting social equity within its emerging cannabis industry:
- Criminal record expungement for those with past marijuana convictions
- Prioritizing licensing and assistance for minorities, women, disadvantaged groups
- Allocating some tax revenue to reinvest in affected communities
- Allowing small cultivators to sell directly to consumers to increase access
- Additional proposed equity policies are under consideration as recreational sales move forward.
- Equity efforts face challenges like lack of funding and access to capital for marginalized groups.
- More initiatives are needed to fully address inequities caused by past criminalization.
Vermont Marijuana Recent Legislative Changes
- In 2020, Vermont passed a bill removing all penalties for possessing up to 2 ounces of marijuana and 6 plants.
- In June 2022, legislation increased the home cultivation limit from 2 to 4 immature plants for medical patients and 6 to 9 mature plants.
- The same law raised the maximum THC content allowed in cannabis products from 60mg per serving to 100mg.
- Bills to tax and regulate recreational sales have been proposed but not yet approved. Sales may launch in 2022 or 2023.
- Additional legislation related to licensing, impaired driving, public consumption, and other issues is likely as retail sales progress.
Frequently Asked Questions
Q: Can I smoke marijuana in public?
A: No, public consumption of marijuana is prohibited in Vermont. You can only legally consume cannabis in a private residence out of public view.
Public places include parks, sidewalks, concerts, restaurants, and any other area accessible to the public. Breaking this law can result in civil fines and penalties.
Q: Medical marijuana cards: How can I get one?
A: You need Vermont-licensed doctor confirmation of a qualifying condition. Schedule an appointment and bring your medical documents to prove your condition.
The doctor will complete an application form you submit to the Marijuana Registry with a $50 fee. If authorized, you’ll get a one-year medicinal marijuana card.
Q: Cannabis legislation violations carry what penalties?
A: The crime may result in civil penalties, criminal prosecution, prison time, or license suspension. Pot above 1 ounce may result in a $500 fine and 6 months imprisonment. Illegal marijuana cultivation costs $10,000 and 5 years in jail.
Q: Do edible cannabis products have restrictions?
A: Yes, edibles cannot mimic non-marijuana goods or attract minors. Products resembling animals, cars, or humans are banned. There is also a 100 mg THC limit per packaged serving for edibles.
Q: How can I follow legal changes?
A: Visit Vermont’s legislature, the DPS cannabis page, and legal advocacy organizations. The newest legislative changes are covered by local news. Signing up for NORML email notifications might also keep you informed.
Q: Where is marijuana legal in Vermont?
A: Home use of marijuana is the only legal place to do it. Cannabis use in public is still banned.
Q: Outside my property, may I cultivate marijuana?
A: Depends. Outdoor cultivation is allowed on private land, although some towns have outlawed it. Plants must be locked.
Q: Do I need a medical card to buy CBD?
A: No medical card is needed to buy CBD products in Vermont with less than 0.3% THC. Under-18s need parental consent to buy CBD.
Q: Can I transport marijuana in my vehicle?
A: You can transport up to 1 ounce of marijuana and any cannabis plants within your vehicle, provided they are stored out of public sight. Using marijuana in a vehicle remains illegal.
Q: What marijuana activities are still illegal under Vermont law?
A: Selling cannabis without a license, consuming it in public, providing it to those under 21, and driving under the influence remains illegal. Cultivating large amounts and transporting them across state lines is also prohibited.
Conclusion
While marijuana is now accessible for medical and personal adult use, some limitations remain imposed by Vermont’s cannabis laws.
Public consumption remains prohibited, and landlords can restrict use. Employers can continue enforcing drug-free workplace policies.
Traffic safety concerns continue around driving under the influence.
As retail sales move forward, Vermont must further develop social equity programs to ensure that communities impacted by past prohibition share the economic benefits. Ongoing legislative changes will continue to shape cannabis policy.
Despite these challenges, Vermont’s progressive approaches to legalization have made it a leader in cannabis reform.
Access for medical use is well-established while eliminating penalties for adult possession provides a template for other states. Lessons from Vermont’s journey can inform national discussions as more jurisdictions reconsider marijuana prohibition.
With a thoughtful public health approach, Vermont aims to implement marijuana laws that maximize benefits and minimize risks for its communities.
While retail sales develop, Vermont remains at the forefront of progressive cannabis policy.
