Vermont Cannabis Laws

 Is cannabis legal in Vermont?

Both medical and adult use of cannabis is legal in Vermont.

What are the medical marijuana laws in Vermont?

Medical Cannabis Laws in Vermont (VT)

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.”

Recreational Cannabis Laws in Vermont (VT)

Lawmakers legalized recreational (or adult-use) marijuana in 2018 with Bill Status 54, but there was no legal framework for legitimate production and sales. Sales are expected to go ahead in 2022.

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.
• A law enforcement officer does not necessarily have to return any cannabis seized from a patient, even if they legally qualify.

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 (except for medical cannabis patients, who can possess up to 2 ounces). 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).

What medical conditions qualify for a Medical Marijuana Card in Vermont?

The Vermont law lists the following medical conditions as qualifiers for a medical cannabis card:

• AIDS/HIV
• Cancer
• Crohn’s Disease
• Glaucoma
• Multiple sclerosis (MS)
• 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).

How do I get certified for medical cannabis in Vermont?

Telehealth is available in Vermont, so you can see a physician online and get certified. The pathway for getting a medical marijuana card in Vermont looks like this:

1. Book an appointment with a certified physician online with Leafwell.
2. Attend your appointment, bringing with you relevant ID and medical records/clinic notes. The physician will assess whether or not you qualify for medical cannabis, and will certify you accordingly.
3. Get qualified for medical cannabis by applying online to the Vermont Cannabis Control Board (CCB) and Medical Cannabis Program (MCP). Print forms are also available. See here for VT medical cannabis forms.
4. If approved, you will receive your medical marijuana card from the state in the mail (not from Leafwell) – Your certificate will be valid for 1 year from the date of issue. The CCB can take up to 30 days to process your application.

You must be aged 18 years-old or over in order to undergo a medical marijuana evaluation and qualify for yourself 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). More information on and FAQs on qualifying for medical cannabis in Vermont.

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Is telemedicine allowed for medical cannabis consultations in Vermont?

Telehealth is available in Vermont, and Leafwell currently offers consultations for new and renewal patients.

How much cannabis can I possess in Vermont with an MMJ Card?

In Vermont, you can possess the following amounts with a valid MMJ Card:

• 2 oz of usable cannabis
• 2 mature plants
• 7 immature plants

Please note that the possession limit is collective if you have a caregiver. Therefore, the maximum a patient and caregiver combined cannot exceed the above possession limits.

Recreational users can possess 1 oz of cannabis flower, 5 grams of concentrate and grow up to two plants

Is it legal to grow cannabis in Vermont?

Two mature plants, and four immature plants in a household, regardless of how many adults live in the household.

Does Vermont accept out-of-state cards?

Vermont does not recognize medical marijuana cards from other states. Hence, Vermont does not have reciprocity. However, as adult use of cannabis is legal in Vermont, out-of-state patients can still purchase cannabis – just not medical marijuana specifically with another state’s medical card!

Will my Vermont card be accepted in other states?

A Vermont medical marijuana card is valid in some states and territories with medical marijuana reciprocity. The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• US Virgin Islands
• Utah
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

• Arkansas
• California
• Hawaii
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders 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.

What are the medical cannabis product testing requirements in Vermont?

Vermont has no mandatory testing requirements for legal medical marijuana products sold within the state, although some dispensaries have taken it upon themselves to test for cannabinoid content, safety and purity via third-party labs. However, this ultimately deepens costs for operators and customers.

Where is it safe to purchase cannabis in Vermont?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

Where is it safe to consume marijuana in Vermont?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.