Vermont S 278: An act relating to the State Energy Management Program

Bill Text

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VT LEG #390269 v.1
No. 176. An act relating to cannabis.
(S.278)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Packaging Limit * * *
Sec. 1. [Deleted.]
* * * Transaction Limit * * *
Sec. 2. 7 V.S.A. § 907 is amended to read:
§ 907. RETAILER LICENSE
* * *
(b) In a single transaction, a retailer may provide one ounce two ounces of
cannabis or the equivalent in cannabis products, or a combination thereof, to a
person 21 years of age or older upon verification of a valid government-issued
photograph identification card.
* * *
Sec. 3. 18 V.S.A. § 4230 is amended to read:
§ 4230. CANNABIS
(a) Possession and cultivation.
(1) No person shall knowingly and unlawfully possess more than one
ounce two ounces of cannabis or more than five 10 grams of hashish or
cultivate more than two mature cannabis plants or four immature cannabis
plants. A person who violates this subdivision shall be assessed a civil penalty
as follows:

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VT LEG #390269 v.1
* * *
(2)(A) No person shall knowingly and unlawfully possess more than
two ounces or more of cannabis or ten 10 grams or more of hashish or more
than three mature cannabis plants or six immature cannabis plants. For a first
offense under this subdivision (2), a person shall be provided the opportunity
to participate in the Court Diversion Program unless the prosecutor states on
the record why a referral to the Court Diversion Program would not serve the
ends of justice. A person convicted of a first offense under this subdivision
shall be imprisoned not more than six months or fined not more than $500.00,
or both.
* * *
Sec. 4. 18 V.S.A. § 4230a is amended to read:
§ 4230a. CANNABIS POSSESSION BY A PERSON 21 YEARS OF AGE
OR OLDER
(a)(1) Except as otherwise provided in this section, a person 21 years of age
or older who possesses one ounce two ounces or less of cannabis or five 10
grams or less of hashish and two mature cannabis plants or fewer or four
immature cannabis plants or fewer or who possesses paraphernalia for
cannabis use shall not be penalized or sanctioned in any manner by the State or
any of its political subdivisions or denied any right or privilege under State
law. The one-ounce two-ounce limit of cannabis or five 10 grams of hashish
that may be possessed by a person 21 years of age or older shall not include

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cannabis cultivated, harvested, and stored in accordance with section 4230e of
this title.
* * *
* * * Event Permit; Pilot Program * * *
Sec. 5. 7 V.S.A. § 912 is added to read:
§ 912. EVENT PERMIT
(a) Authorization. The Board may grant event permits to licensed cannabis
retail establishments in good standing. The holder of an event permit is
authorized to oversee and administer a commercial event pursuant to this
section and procedures adopted by the Board. No cannabis or cannabis
products shall be consumed at an event authorized by this section.
(b) Eligibility. A licensed cannabis retail establishment is eligible to apply
for an event permit, provided that the establishment submits a fee and
application demonstrating to the Board’s satisfaction:
(1) that the establishment has received written approval from the local
cannabis control commission created pursuant to 7 V.S.A. § 863, or the
municipal legislative body if no local cannabis control commission exists,
which may include conditions and limitations appropriate to protect the public,
manage traffic, and abate nuisance;
(2) a security plan to ensure that intoxicated persons or persons under
21 years of age cannot access the space subject to the permit, that the premises

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VT LEG #390269 v.1
are secured from diversion or inversion, and that the premises lawfully may be
used for the purpose intended;
(3) a product sale plan that describes quantities and types of cannabis
and cannabis products that will be offered for sale and how the cannabis will
be transported, monitored, secured, displayed, and sold in conformity with
State law and Board rule;
(4) capacity to administer and enforce the required plans, and
confirmation that the applicant has secured the services of a county law
enforcement agency or private security provider licensed pursuant to 26 V.S.A.
chapter 59, if required by the Board;
(5) proof of commercially reasonable insurance for the proposed event;
and
(6) compliance with any other health and safety requirements that the
Board may prescribe for the particular event or event location, including limits
on attendees.
(c) Restrictions. Annually, the Board shall issue not more than ten permits
for public events. An event permit shall be issued only for events being held at
locations within a municipality that has voted affirmatively to permit the
operation of cannabis retail establishments. An event permit shall be valid for
a single event not to exceed 24 hours held at a single access-controlled
location. An event permit shall not be issued