Vermont Business Magazine The Vermont House voted Wednesday to concur with the Senate’s version of S22, which would eliminate penalties for personal marijuana possession and cultivation by adults 21 and older beginning in July 2018; it would also create a study commission on regulating and taxing marijuana for adult use. The vote was 79-66 in the House, which featured some Republicans voting in favor and some Democrats voting against.
The bill (see page 1423 of Senate Journal S. 22 for details) that would make marijuana legal for adults in Vermont is now headed to the desk of Governor Phil Scott. If he signs it or allows it to become law without his signature, Vermont would be the first state to make marijuana legal for adults via its legislative body. Other states, such as Colorado, have used a public referendum to make pot legal. Vermont does not have binding referenda. The law, however, would not bring Vermont full commercialization of pot, as there is in Colorado.
Beginning in July 2018, the law would eliminate Vermont’s civil penalty for possessing one ounce or less of marijuana and remove penalties for possession of up to two mature marijuana plants and up to four immature plants. It would also create a study commission to develop legislation to regulate and tax marijuana for adult use.
Governor Scott has not made his definitive intentions yet known on the subject. The measure failed last year over several issues, including driver safety, child protection, enforcement, taxation, production and administration.
Proponents of making pot legal have said that Vermont could see an economic benefit, while taking criminals out of the business for the widely used substance. Presently, possession of a small amount of marijuana is not a criminal offense. This bill does not decriminalize the sale of marijuana.
“Vermont lawmakers made history today,” said Matt Simon, New England political director for the Marijuana Policy Project. “The Legislature has taken a crucial step toward ending the failed policy of marijuana prohibition. There is no rational reason to continue punishing adults for consuming a substance that is safer than alcohol.
“It’s time for Vermont to move forward with a more sensible marijuana policy,” Simon said. “The voters and the Legislature are behind it, and we hope the governor will be, too.”
Fifty-seven percent of Vermont voters support allowing adults 21 and older to possess and grow limited amounts of marijuana, according to a statewide survey of 755 registered voters conducted in March by Public Policy Polling. Only 39 percent were opposed.
S22 originally was a bill thatincreased penalties for possession, sale, and dispensation of fentanyl, a potent synthetic opioid.
The Alexandria, VA-basedSmart Approaches to Marijuana (SAM), which has lobbied against Vermont passing a marijuana legalization bill, issued the following statement from President Kevin Sabet in response to the Vermont House vote to legalize marijuana possession:
"We are disappointed by today's vote in Vermont, but our fight is far from over," Sabet said. "This legislation isn't about criminal justice reform.Vermont already passed decriminalization legislation in 2013 - no criminal penalties for possessing up to an ounce of marijuana were being issued.This is about opening the doors to a new addictive industrybeing funded by Big Tobaccothat will install retail pot shops in Vermont neighborhoods and lobby politicians to suppress common-sense regulation. We will continue to give a voice to parents, and public health and safety experts to encourage Governor Scott to choose people over profit and veto this harmful legislation."
SAM maintains that evidence demonstrates that marijuana - which has skyrocketed in average potency over the past decades - isaddictive and harmfulto the human brain, especially when used by adolescents. Moreover, SAM said in a statement, in states that have already legalized the drug, there has been an increase indrugged driving crashesandyouth marijuana use.It saidstates that have legalized marijuana have alsofailed to shore up state budget shortfallswith marijuana taxes, continue to see a thrivingblack market, and are experiencinga continuedrisein alcohol sales.