Medical Cannabis Laws in Vermont
- Senate Bill 76, 2004
– “No person shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for simply being in the presence or vicinity of the medical use of marijuana”, as long as they have valid certification and are not using cannabis near a federal space or a place where children are present.
– Physicians legally recommending medical cannabis are exempt from prosecution.
– “A person who has in his or her possession a valid medical marijuana patient registration card or a caregiver authorization card and who is in compliance with the requirements of this subchapter, including the possession limits in subdivision 4472(4) of this title, shall be exempt from arrest or prosecution under subsection 4230(a) of Title 18.”
– A law enforcement officer does not necessarily have to return any cannabis seized from a patient, even if they legally qualify.
Telehealth for Cannabis in Vermont
Telehealth is legal for medical cannabis consultations in Vermont. You can see a compassionate and friendly medical marijuana physician online with Leafwell today.
More information on and FAQs on qualifying for medical cannabis in Vermont.
Recreational Cannabis Laws in Vermont
- H. 511 (Act 86), 2018
– Removes penalties for the possession of up to 1 ounce of cannabis flower, or growing up to 2 mature and 4 immature marijuana plants for those aged 21 or over.
– It is illegal to have an open container of cannabis in a vehicle.
– Any marijuana harvested from the plants cultivated by one’s self does not count toward the one-ounce possession limit.
– The passage and signing of Act 86 made Vermont the first State in the nation to legalize recreational marijuana through the legislative process.
Benefits of having a Medical Marijuana Card in a Recreational State
- You can legally purchase cannabis – recreational sales aren’t expected to begin until 2022.
- Lower legal age of consumption – 18 rather than 21.
- Lower taxes.
- THC restrictions apply to recreational cannabis – this is not the case for medical marijuana patients.
Qualifying Conditions for Medical Cannabis Patients in Vermont
- Multiple sclerosis (MS)
- Positive status for human immunodeficiency virus or acquired immune deficiency syndrome (HIV/AIDS)
- Crohn’s disease
- Parkinson’s disease (PD)
- Post-traumatic stress disorder (PTSD), provided the Department confirms the applicant is undergoing psychotherapy or counseling with a licensed mental health care provider
- A disease or medical condition or its treatment that is chronic, debilitating and produces one or more of the following intractable symptoms: cachexia or wasting syndrome, chronic pain, severe nausea, or seizures (such as those characteristic of epilepsy).
Cannabis Laws and Children in Vermont
A patient under the age of 18 may qualify for a medical marijuana certificate and card if they suffer from a qualifying condition, and the application form must be signed by both the patient and the caregiver (usually the patient’s parents or guardian, with a maximum of two listed caregivers).
Cannabis Possession Limits in Vermont
- Up to 1 ounce (28.34 grams), or the produce of two mature cannabis plants in a private residence for recreational use.
- Up to 2 ounces (56.699 grams), or the produce of two mature cannabis plants in a private residence for recreational use.
Cannabis Cultivation Laws in Vermont
Two mature plants, and four immature plants in a household, regardless of how many adults live in the household.
Cannabis and Gun Laws in Vermont
As cannabis is federally illegal, second amendment rights come into conflict with those who have a valid medical marijuana card. It is therefore not legal to have both at the same time.
Cannabis and Employment Law in Vermont
- Employers are not required to accommodate the use of medical marijuana at the workplace.
- Employers may adopt policies and prohibit the use of medical cannabis on their premises.
- Under Vermont’s Fair Employment Practices Act (VFEPA), it is unlawful for any employer, employment agency, or labor organization to discriminate against a “qualified individual with a disability.” This means that employers may need to reasonably accommodate those who need medical cannabis and use it on their own time. No protections are in place for those who are using or under the influence of cannabis during working hours.
- A Guide to Vermont’s Laws on Marijuana in the Workplace can be found here.
Local Cannabis Laws in Vermont
There are no specific city- or jurisdiction- level laws regarding cannabis in Vermont, although towns and cities may restrict the operation of cannabis-related businesses to some extent. At the moment, there are restrictions on the number of dispensaries allowed to operate, but these limits won’t be in place in the future when recreational sales are allowed.
Here’s some laws that apply across all of Vermont at the moment.
- No more than 5 dispensaries may be operational at any one time. A sixth may be added should the patient registry reach above 7000. Dispensaries may deliver to patient’s homes.
- Possession of more than two ounces is a felony, whilst possession of between 1 and 2 ounces of cannabis is a misdemeanor. Sale of less than ½ an ounce is also a misdemeanor. Marijuana felonies carry a fine of at least $10,000. Misdemeanors, between $500 and $2,000.
- Cultivating more than 2 cannabis plants is a felony, with 3 years’ imprisonment and/or a fine of $10,000 – $500,000 for more than 25 plants (which will also attract a penalty).