Vermont H 321: An act relating to aggravated murder for killing a firefighter or an emergency medical provider

Bill Text

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VT LEG #384273 v.1
No. 56. An act relating to miscellaneous cannabis amendments.
(H.321)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 7 V.S.A. § 832 is amended to read:
§ 832. CANNABIS POSSESSED UNLAWFULLY SUBJECT TO SEIZURE
AND FORFEITURE
Cannabis possessed unlawfully in violation of this title or administrative
rules adopted pursuant to this title may be seized by law enforcement and is
subject to forfeiture.
Sec. 2. 7 V.S.A. § 844 is amended to read:
§ 844. AUTHORITY FOR CRIMINAL BACKGROUND CHECKS
(a) The Board shall establish a user agreement with the Vermont Crime
Information Center in accordance with 20 V.S.A. chapter 117 for the purpose
of obtaining Vermont criminal history records, out-of-state criminal history
records, and criminal history records from the Federal Bureau of Investigation
as required by chapters 33 (cannabis establishments) and 37 (medical cannabis
dispensaries) of this title.
(b) A fingerprint-based state and national criminal history record check
shall be conducted for each natural person prior to being issued a cannabis
establishment identification card pursuant to chapter 33 (cannabis
establishments) of this title or a medical cannabis dispensary identification
card pursuant to chapter 37 (medical cannabis dispensaries) of this title. The

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Board may require that such record checks be completed as a condition
precedent to license renewal.
Sec. 2a. [Deleted.]
Sec. 2b. 10 V.S.A. § 325u is amended to read:
§ 325u. VERMONT LAND ACCESS AND OPPORTUNITY BOARD
* * *
(b) Organization of Board. The Board shall be composed of:
* * *
(10) one member, appointed by the Vermont Developmental Disabilities
Council; and
(11) one member, appointed by Vermont Psychiatric Survivors; and
(12) one member, appointed by Migrant Justice.
* * *
Sec. 3. 7 V.S.A. § 861(23) is amended to read:
(23)(A) “Hemp products” or “hemp-infused products” means all
products with the federally defined tetrahydrocannabinol concentration level
for hemp derived from, or made by, processing hemp plants or plant parts that
are prepared in a form available for commercial sale, including cosmetics,
personal care products, food intended for animal or human consumption, cloth,
cordage, fiber, fuel, paint, paper, construction materials, plastics, and any
product containing one or more hemp-derived cannabinoids, such as
cannabidiol.

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(B) Notwithstanding subdivision (A) of this subdivision (23), “hemp
products” and “hemp-infused products” do not include any substance,
manufacturing intermediary, or product that:
(i) is prohibited or deemed a regulated cannabis product by
administrative rule of the Cannabis Control Board; or
(ii) contains more than 0.3 percent total tetrahydrocannabinol on a
dry-weight basis.
(C) A hemp-derived product or substance that is excluded from the
definition of “hemp products” or “hemp-infused products” pursuant to
subdivision (B) of this subdivision (23) shall be considered a cannabis product
as defined by subdivision 831(3) of this title; provided, however, that a person
duly licensed or registered by the Cannabis Control Board lawfully may
possess such products in conformity with the person’s license or hemp
processor registration.
Sec. 4. [Deleted.]
Sec. 5. 7 V.S.A. § 883 is amended to read:
§ 883. CRIMINAL BACKGROUND RECORD CHECKS; APPLICANTS
(a) The Board shall obtain from the Vermont Crime Information Center a
copy of a fingerprint-based Vermont criminal history records, out-of-state
criminal history records, and criminal history records from the Federal Bureau
of Investigation for each license applicant, principal of an applicant, and

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person who controls an applicant who is a natural person. Checks may be
repeated for good cause or with prudent frequency as determined by the Board.
(b) The Board shall adopt rules that set forth standards for determining
whether an applicant should be denied a cannabis establishment license
because of his or her the applicant’s criminal history record based on factors
that demonstrate whether the applicant presently poses a threat to public safety
or the proper functioning of the regulated market. Nonviolent drug offenses
shall not automatically disqualify an applicant.
(c) Notwithstanding subsection (a) of this section or subsection 844(b) of
this title, if required records are not reasonably available to the Board due to
circumstances beyond its control, with the consent of the applicant, the Board
may accept third-party criminal background checks submitted by an applicant
for a cannabis establishment license or renewal in lieu of obtaining the records
from the Vermont Crime Information Center a copy of the person’s Vermont
fingerprint-based criminal history records, out-of-state criminal history
records, and criminal history records from the Federal Bureau of Investigation