Vermont Marijuana Laws 2024

Key Points

• Recreational cannabis and medical cannabis are legal in Vermont
• Medical cannabis users are permitted to possess up to 2 ounces of cannabis, which is twice the amount allowed for recreational users
• The home cultivation of cannabis is legal for medical and recreational users. Medical users are permitted to cultivate up to 9 plants, while recreational are allowed no more than 6 plants
• The Vermont Cannabis Control Board is responsible for overseeing the state’s cannabis operations
• The state is currently discussing the creation of a cannabis propagation cultivator license and lifting the potency caps on concentrated cannabis products

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Is Marijuana Legal in Vermont?

Yes, marijuana is legal in Vermont. The state initially legalized medical cannabis in 2004, and then in 2018, it also made recreational cannabis legal. However, recreational marijuana sales did not become legal in the state until 2020. Adults, aged 21 and older, are allowed to purchase a maximum of 1 ounce of cannabis in a single transaction. However, a valid government-issued photo ID card is required to buy recreational cannabis at any of the over 50 licensed dispensaries in the state. Cannabis can be purchased as flower, concentrates, vape cartridges, and edibles with specific quantity limits and THC potency caps. Medical cannabis users are permitted to possess up to 2 ounces of medical cannabis. While adults may visit dispensaries to buy cannabis products, state law currently prohibits recreational cannabis delivery by dispensaries.

Individuals, aged 21 or older, are permitted to cultivate a maximum of two mature and four immature cannabis plants at home, regardless of the number of adults living in the dwelling. Penalties may be imposed for cultivating larger quantities of cannabis. In contrast, medical cannabis users are permitted to grow up to 9 marijuana plants, but no more than 2 may be mature.

Note that regardless of the purpose (medical or recreational), using cannabis in public locations or on federal property is illegal. Additionally, transporting cannabis across state lines is also unlawful.

Under Vermont law, municipalities have the option to allow or prohibit the establishment of retail cannabis businesses. While some municipalities may not have cannabis retailers, they are not allowed to use their regulatory authority to prohibit non-retail cannabis establishments.

Vermont Marijuana Laws in 2024

In 2023, the following bills were introduced by the state’s lawmakers to amend the state’s marijuana laws:

• H.270: The Vermont Senate approved bill H.270 in May 2023, introducing several changes to Vermont's cannabis landscape. The bill includes provisions for creating a new "cannabis propagation cultivator" license, enabling the establishment of cannabis nurseries focused on developing new strains and cultivars and providing clean, tested source material for cultivators. Hence, strains developed in Vermont would become free of pathogens and pesticides. Additionally, the bill eliminates the requirement for psychotherapy for individuals with post-traumatic stress disorder seeking a medical card, allows caregivers to take care of two patients instead of one, and permits patients with lifelong conditions to renew their medical cards every three years instead of annually. The bill awaits reconciliation between the House and Senate versions before reaching the governor's desk
• S.72: S.72 was introduced by Senators Sears and Ram Hinsdale and proposed to lift the potency limits on concentrated cannabis products in Vermont. A 60% THC concentration limit currently exists on cannabis concentrates sold in the state. This limit covers hashish, oils, and waxes. This bill is still being discussed in the state legislature

Timeline of Cannabis Law in Vermont

The following is the cannabis legalization timeline in Vermont:

• 2004: Vermont legalizes medical cannabis through S76, creating a registry for patients and caregivers authorized to possess and cultivate it. In 2011, legislation allowed up to 4 dispensaries to serve registered patients, with oversight from the Department of Public Safety
• 2013: Vermont enacts HB 200, decriminalizing the possession of up to 1 ounce of cannabis for individuals aged 21 and older, imposing civil penalties
• 2015: Bills SB 95 and HB 277 propose regulated recreational cannabis sales but fail to pass in the legislative session
• 2018: Governor Phil Scott signs H. 511 (Act 86), eliminating penalties for possessing small amounts of marijuana for individuals aged 21 and older. It legalizes possession of up to 1 ounce and cultivation of two mature and four immature plants per adult
• 2016: The state passed S.14 to include glaucoma and chronic pain. The legislation reduced the minimum provider-patient relationship period from six to three months.
• 2017: Governor Phil Scott signed S.16 into law, adding post-traumatic stress disorder (PTSD), Parkinson's disease, and Crohn's disease to the list of qualifying conditions. The bill authorized an additional dispensary, increasing the statewide total to five. Existing dispensaries are permitted to open one additional location each. A provision in the law also allowed the establishment of a sixth licensed dispensary if the patient registry reaches 7,000, a sixth dispensary will be authorized, which could also have a second location
• 2020: Vermont legalizes recreational cannabis sales with the passage of S.54. Governor Phil Scott allows it to become law without his signature. The legislation includes provisions for localities to opt-in for adult-use retail establishments and emphasizes equity considerations for small-scale cultivators and marginalized communities. The law establishes the Cannabis Control Board (CCB) and an advisory board to regulate the cannabis market
• 2022: Senate Bill 234, commonly known as S.234, was signed into law by Governor Phil Scott on October 7, 2020. One of the key provisions of S.234 was the increase in the threshold for penalties associated with first-offense possession of cannabis. Previously, possessing more than one ounce but less than two ounces of cannabis as a first offense could result in a maximum of 6 months imprisonment, a maximum fine of $500, or both. With the passing of S.234, the threshold for these penalties was raised to between two and eight ounces of cannabis. Additionally, S.234 introduced provisions for automatically expunging certain cannabis-related criminal records. The bill mandated that the Criminal Division of the Superior Court order the expungement of all criminal justice records, including arrest, custody, and disposition, for violations of 18 V.S.A. § 4230 prior to January 1, 2021. This automatic expungement process was required to be completed by January 1, 2022

Federal Legalization of Weed in 2024

Although federal legalization faced hurdles in 2023, there are promising signs for the potential advancement of cannabis reform in 2024 and beyond. While the likelihood of federal legalization remains low for 2024, incremental progress was made in federal reform efforts throughout 2023.

In October, President Biden issued a statement granting pardons for federal offenses related to simple marijuana possession. He also directed the Secretary of Health and Human Services and the Attorney General to review the categorization of cannabis as a Schedule I drug, the most restrictive category under federal law. While the potential rescheduling of cannabis to Schedule II carries some disadvantages, such as limitations on interstate sales, it would be beneficial for the medical marijuana industry overall, potentially enabling the cultivation of medical cannabis in one state and its sale in another.

This announcement marked a significant shift in federal cannabis policy, rivaling the impact of the Controlled Substances Act of 1970. However, the effects of the announcement will not be immediate, as the administrative review of cannabis's federal status lacks a specific timetable and is unlikely to conclude soon. Furthermore, due to the prevalence of state-level cannabis convictions compared to federal convictions, most pardons would need to be pursued at the state rather than the federal level.

Congress achieved its first standalone cannabis-related reform in December by passing the Medical Marijuana and Cannabidiol Research Expansion Act (MMCREA). This bipartisan legislation facilitates further research into the medicinal applications of cannabis by removing federal research restrictions and expanding the cultivation of research-grade cannabis, which was previously exclusive to the University of Mississippi. The MMCREA also encourages the development of CBD and cannabis-based drugs approved by the U.S. Food and Drug Administration (FDA).

Can I Use Cannabis in Vermont?

Yes, you can use cannabis in Vermont. The state permits the use of cannabis for both recreational and medical purposes, subject to specific restrictions. For adult users, the stipulated limit is 1 ounce of cannabis or its equivalent in other forms, while medical cannabis users are permitted to possess two ounces of medical cannabis. It is illegal to consume cannabis in public or a vehicle. Cannabis use is recommended for indoor locations.

How the Legal Sale of Cannabis in Vermont Happens

The cannabis marketplace in Vermont is regulated by the Cannabis Control Board (CCB). The CCB is responsible for issuing cultivators, processors, and retailers licenses. The CCB also sets standards for the production, testing, and sale of cannabis products. To sell cannabis in Vermont, a business must first obtain a license from the CCB. Once a business has obtained a cannabis business license, it can begin selling cannabis products. However, certain restrictions exist on the sale of cannabis in Vermont. For example, businesses are not allowed to sell cannabis to minors, and they are not allowed to sell cannabis for on-premises consumption. Also, no cannabis retailer must sell more quantities of cannabis or cannabis products exceeding the THC concentration caps stipulated under state law to buyers.

To buy medical cannabis in the state, you must have a Vermont medical marijuana card and a valid government-issued photo ID. If you plan to purchase adult-use cannabis from any of the state's recreational cannabis dispensaries, you must have a government-issued photo ID to prove you are 21.

Penalties for Marijuana-related Crimes in Vermont

Vermont's laws establish different penalties for marijuana-related offenses, considering factors such as the amount of marijuana involved in the offense. Some of these offenses include:

Possession

• Possession of between 1 and 2 ounces (first offense): This is considered a misdemeanor, punishable by 6 months of imprisonment. Additionally, a fine not exceeding $500 may be imposed
• Possession of between 1 and 2 ounces (subsequent offense): This is considered a misdemeanor, punishable by 2 years of imprisonment. Additionally, a fine not exceeding $2,000 may be imposed
• Possession of between 2 ounces and 1 pound: This offense is a felony carrying a punishment of 3 years of imprisonment. Similarly, a fine not exceeding $10,000 may be imposed
• Possession of between 1 pound and 10 pounds: This is a felony punishable by a penalty of 5 years imprisonment. In addition, a $100,000 fine may be imposed
• Possession of more than 10 pounds: This is also considered a felony offense. The punishment for this offense is a 15-year imprisonment term, and up to $500,000 may be imposed

Cultivation

• The cultivation of between 3 and 10 cannabis plants is a felony punishable by 3 years imprisonment and $10,000 in fines
• The cultivation of between 11 and 25 cannabis plants is a felony punishable by 5 years imprisonment and up to $100,000 in fines
• The cultivation of more than 25 cannabis plants is a felony punishable by 15 years in jail and up to $500,000 in fines

Sale

• The sale of less than 0.5 ounces of cannabis is a misdemeanor punishable by 2 years imprisonment and up to $10,000 in fines
• The sale of between 0.5 ounces and 1 pound of cannabis is a felony punishable by 5 years imprisonment and up to $100,000 in fines
• The sale of between 1 and 50 pounds of cannabis is a felony punishable by 15 years imprisonment and up to $500,000 in fines
• The sale of more than 50 pounds of cannabis is a felony punishable by up to 30 years imprisonment and $1,000,000 in fines
• Selling any quantity of cannabis to a minor is a felony punishable by 5 years imprisonment and up to $25,000 in fines

Hash And Concentrates

• Possessing 5 grams or less of hash and concentrates is not an offense and carries no penalty
• Possessing more than 5 grams (first offense) is a misdemeanor punishable by up to 6 months imprisonment and up to $500 in fines
• Possessing more than 5 grams (subsequent offense) is a misdemeanor punishable by up 2 years imprisonment and up to $2,000 in fines

Marijuana Paraphernalia

• Possessing marijuana paraphernalia is considered a civil violation punishable by up to $200 in fines
• The sale of marijuana paraphernalia is a misdemeanor punishable by 1-year imprisonment and up to $1,000 in fines
• The sale of cannabis paraphernalia to a minor is a misdemeanor punishable by 2 years imprisonment and up to $2,000 in fines

Driving Under The Influence Of Marijuana In Vermont

• First Offense: individuals may face a maximum imprisonment of 2 years, a fine of $750, a 90-day license suspension, and the requirement to install an IID (Ignition Interlock Device) in their vehicle
• Second offense: Offenders may be subject to up to 2 years of imprisonment, a fine of $1,500, an 18-month license suspension, vehicle immobilization until the license is reinstated, mandatory installation of an IID, and community service
• Third offense: Offenders may face a lifetime suspension of their driver's license and up to 5 years of imprisonment, with at least 96 consecutive hours of jail time. However, credit can be given for time spent in a drug treatment facility if the program is successfully completed

Note that these penalties may increase if aggravating circumstances exist at the time of the offense

Possible Remedies For Violators Of Vermont Marijuana Laws

Possible remedies you may consider when arrested or convicted for a cannabis violation in Vermont include contesting the legality of your search, claiming your rights were violated or presented evidence was fabricated, plea bargain, or drug treatment programs. However, due to the specific circumstances of your case, the options available may differ. Therefore, it is recommended that you seek to hire the services of an experienced attorney.

Also, cannabis regulations can be complex and may also change over time. Hence, by securing the services of an experienced lawyer with a deep understanding of Vermont laws to represent you, you can ensure that your legal rights are protected and the best remedies are pursued in your case.

Confiscation Of Assets In Vermont

Individuals who violate cannabis laws in Vermont risk the seizure or confiscation of their assets via a procedure known as civil asset forfeiture. This legal mechanism allows law enforcement to take properties they suspect are involved in criminal activities. This may include properties used for producing, selling, or possessing cannabis. Per Section 832, Title 7 of the Vermont Statutes, cannabis possessed unlawfully may be seized by law enforcement and subject to forfeiture.

What is Vermont’s Cannabis History?

In 1914 Vermont enacted "An act to regulate the sale of opium, morphine, and other narcotics drugs," which encompassed the prohibition of cannabis possession and sale. Then, in 1947, Vermont adopted the Uniform Narcotic Drug Act, imposing a mandatory prison sentence of 1 to 5 years for violators.

The federal landscape also played a pivotal role in shaping Vermont's cannabis laws. With the Controlled Substances Act becoming law in 1970, marijuana was named a Schedule I drug. However, as the years unfolded, Vermont embraced a more progressive stance. In 1978, the state legislature introduced H.669, a landmark bill to decriminalize cannabis. This legislation aimed to spare individuals possessing small quantities of marijuana for personal use from arrests, criminal prosecution, and harsh penalties.

Recognizing the potential therapeutic benefits of cannabis, Vermont established the Cannabis Therapeutic Research Program in 1981. This program allowed physicians to prescribe cannabis to cancer patients and others under specific guidelines. The Department of Health became the sole distributor of cannabis to authorized physicians for distribution to patients.

The path toward medical cannabis legalization continued in 2001 when the Vermont House passed a bill to allow patients with recognized medical conditions to possess and cultivate cannabis. Although the bill did not advance beyond the Senate Committee on Judiciary, a Medical Marijuana Study Committee was subsequently formed to explore implementing a medical cannabis program.

Finally, in 2004, Vermont legalized medical cannabis by adopting S76. This legislation established a registry within the Department of Public Safety for patients and approved caregivers to possess and cultivate medical cannabis. Subsequent legislation in 2011 removed the patient cap and authorized the operation of up to four medical cannabis dispensaries. The tide of change continued in 2013 with the passage of HB 200, which decriminalized the possession of up to 1 ounce of cannabis for individuals aged 21 and older. The offense was treated as a civil penalty akin to a traffic ticket, mitigating the impact on individuals caught with small quantities.

In 2016, Vermont enacted S.14 to enhance the state's medical cannabis law. This bill broadened the qualifying conditions to include glaucoma and chronic pain while reducing the required provider-patient relationship period. Further progress was made in 2017 when Governor Phil Scott signed S.16 into law. This legislation expanded access to Vermont's medical cannabis program by adding post-traumatic stress disorder (PTSD), Parkinson's disease, and Crohn's disease as qualifying conditions. It also allowed for an additional dispensary and permitted existing dispensaries to open additional locations.

January 2018 marked a significant milestone with the passage of Act 86, also known as H. 511. Governor Phil Scott enacted this law, eliminating penalties for possessing small amounts of marijuana for individuals aged 21 and older. The law decriminalized the possession of up to 1 ounce of marijuana and permitted the cultivation of a limited number of marijuana plants for personal use.

The culmination of Vermont's cannabis journey arrived in 2020 when recreational cannabis sales were legalized. Governor Phil Scott allowed S.54 to become law without his signature. This law allowed for the establishment of a regulated adult-use cannabis market, allowing localities to opt-in for retail establishments. It also emphasized equity by giving special consideration to small-scale cultivators and businesses owned by persons such as women and people of color. To oversee the cannabis market, the law mandated the creation of a Cannabis Control Board and an advisory board.

What are the Restrictions on Cannabis in Vermont?

Vermont imposes the following restriction on cannabis:

• It is illegal for recreational cannabis users to possess more than 1 ounce of cannabis flower or its equivalent in other forms
• No more than two mature and four immature cannabis plants may be cultivated in a household for recreational use
• It is illegal to use cannabis, whether for medical or recreational purposes, in public places
• Medical cannabis users are not allowed to possess more than 2 ounces of medical cannabis
• It is illegal to move cannabis across state borders