Vermont S 321: An act relating to miscellaneous fish and wildlife issues

Bill Text

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VT LEG #385463 v.1
S.321 1
Introduced by Senator Vyhovsky 2
Referred to Committee on 3
Date: 4
Subject: Cannabis; general provisions; consumption of cannabis in a public 5
place 6
Statement of purpose of bill as introduced: This bill proposes to amend 7
various statutes relating to where an individual may consume cannabis to 8
prohibit the consumption of cannabis solely in places where an individual is 9
prohibited from consuming tobacco products. 10
An act relating to consumption of cannabis in a prohibited place 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 7 V.S.A. § 831 is amended to read: 13
§ 831. DEFINITIONS 14
As used in this chapter: 15
* * * 16
(6) “Public Prohibited place” means any street, alley, park, sidewalk, 17
public building other than individual dwellings, any place of public 18
accommodation as defined in 9 V.S.A. § 4501, and any place where the use or 19

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VT LEG #385463 v.1
possession of a lighted tobacco product, tobacco product, or tobacco substitute 1
is prohibited by law pursuant to 18 V.S.A. chapter 37. 2
Sec. 2. 7 V.S.A. § 833 is amended to read: 3
§ 833. CONSUMPTION OF CANNABIS IN A PUBLIC PROHIBITED 4
PLACE 5
No person shall possess lighted cannabis or cannabis products, or consume 6
cannabis by inhalation of vapor, in a public prohibited place unless specifically 7
authorized by law. Violations shall be punished in accordance with 18 V.S.A. 8
§ 4230a. 9
Sec. 3. 18 V.S.A. § 4230a is amended to read: 10
§ 4230a. CANNABIS POSSESSION BY A PERSON 21 YEARS OF AGE 11
OR OLDER 12
(a)(1) Except as otherwise provided in this section, a person 21 years of age 13
or older who possesses one ounce or less of cannabis or five grams or less of 14
hashish and two mature cannabis plants or fewer or four immature cannabis 15
plants or fewer or who possesses paraphernalia for cannabis use shall not be 16
penalized or sanctioned in any manner by the State or any of its political 17
subdivisions or denied any right or privilege under State law. The one-ounce 18
limit of cannabis or five grams of hashish that may be possessed by a person 19
21 years of age or older shall not include cannabis cultivated, harvested, and 20
stored in accordance with section 4230e of this title. 21

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(2)(A) A person shall not possess lighted cannabis or cannabis products, 1
or consume cannabis by inhalation of vapor, in a public prohibited place. As 2
used in this section, “public prohibited place” has the same meaning as 3
provided by 7 V.S.A. § 831. 4
* * * 5
(b)(1) Cannabis possessed or consumed in violation of State law is 6
contraband pursuant to subsection 4242(d) of this title and subject to seizure 7
and forfeiture. 8
(2) This section does not: 9
(A)(1) exempt a person from arrest, citation, or prosecution for being 10
under the influence of cannabis while operating a vehicle of any kind or for 11
consuming cannabis while operating a motor vehicle; 12
(B)(2) repeal or modify existing laws or policies concerning the 13
operation of vehicles of any kind while under the influence of cannabis or for 14
consuming cannabis while operating a motor vehicle; 15
(C)(3) limit the authority of primary and secondary schools to impose 16
administrative penalties for the possession of cannabis on school property; 17
(D)(4) prohibit a municipality from adopting a civil ordinance to 18
provide additional penalties for consumption of cannabis in a public place 19
manner that violates this section; 20

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(E)(5) prohibit a landlord from banning possession or the indoor use 1
of lighted cannabis, lighted cannabis products, or vaporized cannabis products 2
in a lease agreement; or 3
(F)(6) allow an inmate of a correctional facility to possess or use 4
cannabis or to limit the authority of law enforcement, the courts, the 5
Department of Corrections, or the Parole Board to impose penalties on 6
offenders who use cannabis in violation of a court order, conditions of 7
furlough, parole, or rules of a correctional facility. 8
* * * 9
Sec. 4. 18 V.S.A. § 4230e is amended to read: 10
§ 4230e. CULTIVATION OF CANNABIS BY A PERSON 21 YEARS OF 11
AGE OR OLDER 12
* * * 13
(b)(1) Personal cultivation of cannabis only shall occur: 14
(A) on property lawfully in possession of the cultivator or with the 15
written consent of the person in lawful possession of the property; and 16
(B) in an area that is screened from public view and access is limited 17
to the cultivator and persons 21 years of age or older who have permission 18
from the cultivator. 19
* * * 20

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Sec. 5. 24 V.S.A. § 2291 is amended to read: 1
§ 2291. ENUMERATION OF POWERS 2
For the purpose of promoting the public health, safety, welfare, and 3
convenience, a town, city, or incorpora