Vermont H. 856: An act relating to miscellaneous amendments to municipal law

Bill Text

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VT LEG #385364 v.2
H.856 1
Introduced by Representatives Rachelson of Burlington and Arsenault of 2
Williston 3
Referred to Committee on 4
Date: 5
Subject: Health; regulated drugs; Drug Use Health and Safety Advisory Board 6
Statement of purpose of bill as introduced: This bill proposes to establish the 7
Drug Use Health and Safety Advisory Board for the purpose of determining 8
the benchmark personal use supply for each regulated drug; decrease low-level 9
drug possession violations to a penalty of six months’ imprisonment or a 10
$500.00 fine, or both; and decrease low-level felony drug possession violations 11
to misdemeanor offenses. 12
An act relating to possessing regulated drugs and establishing the Drug Use 13
Health and Safety Advisory Board 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 18 V.S.A. § 4202a is added to read: 16
§ 4202a. DRUG USE HEALTH AND SAFETY ADVISORY BOARD 17
(a) There is hereby created the Drug Use Health and Safety Advisory 18
Board composed of experts in the fields of general and behavioral health care, 19

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VT LEG #385364 v.2
substance use disorder treatment, harm reduction services, and drug user 1
communities. 2
(b) The primary objectives of the Advisory Board shall be to determine the 3
benchmark personal use supply for each regulated drug. The benchmarks 4
determined pursuant to this subsection shall be determined with a goal of 5
preventing and reducing the criminalization of personal drug possession and 6
use. 7
(c) The Advisory Board shall be composed of the following 13 members: 8
(1) two consumer representatives who have lived experience in drug use 9
and consumption practices, appointed by the Senate Committee on 10
Committees; 11
(2) two representatives from harm reduction service providers, 12
appointed by the Senate Committee on Committees; 13
(3) one expert on substance use disorder treatment and recovery, which 14
may include a medical practitioner providing medication for opioid use 15
disorder, appointed by the Senate Committee on Committees; 16
(4) one academic expert specializing in human behavior, addiction, and 17
drug policy, appointed by the Senate Committee on Committees; 18
(5) two consumer representatives who have lived experience in drug use 19
and consumption practices, appointed by the Speaker of the House; 20

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VT LEG #385364 v.2
(6) two representatives from harm reduction service providers, 1
appointed by the Speaker of the House; 2
(7) one expert on substance use disorder treatment and recovery, which 3
may include a medical practitioner providing medication for opioid use 4
disorder, appointed by the Speaker of the House; 5
(8) one academic expert specializing in human behavior, addiction, and 6
drug policy, appointed by the Speaker of the House; and 7
(9) one expert on legal reform appointed by the Center for Justice 8
Reform at Vermont Law and Graduate School. 9
(d) Upon convening, the members of the Advisory Board shall elect a chair 10
by majority vote and shall fill any vacancy of the Chair by the same. A 11
majority of members shall constitute a quorum. 12
(e) On or before January 1, 2027, the Advisory Board shall provide the 13
recommended quantities for benchmark personal use supply for each category 14
of regulated drug listed in subdivision 4201(29) of this title. 15
(f) The Advisory Board shall convene at least one time per year to review 16
benchmarks established pursuant to this section and recommend any necessary 17
amendments. The Chair of the Advisory Board may, with the consent of a 18
majority of members, convene additional meetings to receive testimony from 19
experts on drug use, substance use disorder, and medical research or practice 20
relating to any specific drug. 21

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(g) The Department shall initiate rulemaking to adopt benchmark personal 1
use supplies not later than 90 days following the receipt of recommendations 2
from the Advisory Board. The Department shall give full consideration to the 3
recommendations of the Advisory Board and provide detailed explanations for 4
any deviations from the recommendations of the Advisory Board in the 5
proposed rules. 6
Sec. 2. 18 V.S.A. § 4231 is amended to read: 7
§ 4231. COCAINE 8
(a) Possession. 9
(1) A person knowingly and unlawfully possessing cocaine shall be 10
imprisoned not more than one year six months or fined not more than 11
$2,000.00 $500.00, or both. 12
(2) A person knowingly and unlawfully possessing cocaine in an 13
amount consisting of 2.5 grams or more of one or more preparations, 14
compounds, mixtures, or substances containing cocaine shall be imprisoned 15
not more than five two years or fined not more than $100,000.00 $5,000.00, or 16
both. 17
(3) A person knowingly and unlawfully possessing cocaine in an 18
amount consisting of