Vermont Senate votes to end marijuana prohibition; House vote fails, but legislators agree to further study


Last update: May 13, 2016


On February 25, 2016, following weeks of testimony and careful deliberation, the Vermont Senate made history when it voted 17-12 to pass S. 241 and send it to the House of Representatives. This bill would have ended Vermont’s prohibition of marijuana for adults 21 and older, creating a regulated and taxed system for marijuana production and sale.

The bill encountered obstacles in the House, where key committees did not support the Senate’s approach to marijuana regulation. The House did vote to create a study commission that would be tasked with “propos[ing] a comprehensive regulatory and revenue structure” for marijuana production and sale. The Senate defeated this proposal, but House and Senate leaders came together and agreed on a plan to continue studying the issue this summer.

The case for regulating and taxing marijuana in Vermont was bolstered in February 2016, when a poll conducted by the Castleton Polling Institute found 55% support for the idea. Only 32% of Vermonters said they were opposed.

The previous year, the Rand Corporation presented a legislatively-commissioned in-depth report on marijuana legalization and regulation options in Vermont. The 2015 report noted that about 80,000 Vermonters regularly consume marijuana, and they spend about $175 million each year buying cannabis. RAND researchers estimated Vermont could generate $20 million to $75 million annually in taxes by regulating cannabis.

If you live in Vermont, please click here to get involved with the Vermont Coalition to Regulate Marijuana. The emphasis will now shift to election season as support for ending prohibition continues to build across the state.

 Legislature passes bills to expand access for patients!


In 2016, the Vermont Legislature agreed to improve the medical marijuana law by passing S. 14, an MPP-supported bill that would enable patients with glaucoma or chronic pain to qualify for the program. (Currently, the standard is “severe pain” — a much higher standard than “chronic pain.”) The bill would also reduce the required minimum provider-patient relationship period from six months to three months and make other small, yet positive, changes. Gov. Peter Shumlin is expected to sign the bill into law.

In 2014, MPP worked with the legislature to expand Vermont’s law so more patients can benefit from safe, legal access. S. 247, sponsored by Sen. Jeanette White (D-Windham), passed the House and Senate and was signed by Gov. Shumlin May 27. This change in law eliminated the cap of 1,000 patients who were allowed to access dispensaries. It also allowed naturopaths to certify patients, allowed dispensaries to deliver marijuana to patients, and called for a study of the potential impacts of legalization and regulation. To view the rules for the Vermont Marijuana Program (VMP), please visit the Vermont Criminal Information Center website.

Vermont decriminalizes marijuana possession


On June 6, 2013, Gov. Peter Shumlin signed H. 200, which eliminated the state’s criminal penalties for possessing small amounts of marijuana and replaced them with civil fines. This was a major victory for MPP and its legislative allies in Montpelier, who worked hard to build support for this sensible reform. Leading law enforcement officials, including Attorney General William Sorrell and Public Safety Commissioner Keith Flynn, supported the bill, which went into effect July 1, 2013.

MPP’s New England Political Director Matt Simon and Gov. Peter Shumlin at the signing ceremony for H. 200.

Click here for details on how H. 200 changed Vermont’s penalty structure.

As a result of this reform, Vermont police and prosecutors now waste less time and taxpayer money on enforcing laws against marijuana possession. Individuals caught possessing an ounce or less of marijuana in the Green Mountain State are now fined but do not receive a criminal conviction. Those under 21 are now generally sent to diversion.

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Pending Legislation