Marijuana bill goes to House after Senate gives final OK

Vermont Business Magazine The Vermont Senate gave final approval to a bill Thursday (17-12) that would end marijuana prohibition in the state and regulate the cultivation and sale of marijuana for adult use.

S241 received initial Senate approval on Wednesday. It will now advance to the House of Representatives, which will begin working on it after members return from Town Meeting Week. S241 would make it legal for adults 21 years of age and older to possess up to one ounce of marijuana and establish a tightly controlled system of licensed marijuana cultivation sites, testing facilities, and retail stores.

It would also create a study commission to examine issues such as edible marijuana products and home cultivation, which would not be allowed under the bill. It would remain illegal to consume marijuana in public or drive under the influence of marijuana. If approved, rulemaking would begin this summer, but the new law would not take effect until January 2018.

Governor Peter Shumlin issued the following statement shortly after the initial approval vote was taken Wednesday:
“I want to thank the Senate for their courage in voting to end the failed War on Drugs policy of marijuana prohibition. When this debate began a month and a half ago, there were many who said it had no chance of passage in either chamber. Today it passed the Senate.

This is a big moment for Vermont that should give Vermonters faith that our democracy still works. I want to thank Senator Jeanette White for starting this important conversation and Senator Dick Sears for his leadership in drafting the bill that passed today. I also want to thank all the committees that thoroughly vetted this proposal to make it stronger. And I want to thank Senate President Pro Tem John Campbell for ensuring this bill received a fair hearing, despite our disagreement on the policy.

“With over 80,000 Vermonters admitting to using marijuana on a monthly basis, it could not be more clear that the current system is broken. I am proud that the Senate took lessons learned from states that have gone before us, asked the right questions, and passed an incredibly thoughtful, common-sense plan that will bring out of the shadows an activity that one in seven Vermonters engage in on a regular basis.

The shadows of prohibition have prevented our state from taking rational steps to address marijuana use in our state. This bill will allow us to address those important issues by driving out illegal drug dealers, doing a better job than we currently do of keeping marijuana out of the hands of underage kids, dealing with the drugged drivers who are already driving on our roads, addressing treatment, and educating Vermonters to the harmful effects of consuming marijuana, alcohol, and cigarettes.

“Now is the time to move forward with ending the failed policy of prohibition in Vermont. I am proud of the Senate for taking the lead and I look forward to working with the House to get a bill to my desk.”

However, Republican Lieutenant Governor Phil Scott, who is leading the race for governor in early polls, said after the final Senate vote that he would rather the Legislature take more time on the issue.

He said in a statement:
“I have a self-described Yankee libertarian streak and believe, generally speaking, the less government intrusion in our private lives, the better. That is one reason I can appreciate the discussion around ending the prohibition of marijuana.

“There remain, however, too many unanswered questions -- and Vermont has suffered several major financial and public policy setbacks in the last five years because legislation has been passed without complete due diligence. It's not enough to support an idea in concept -- the Legislature has an obligation to make sure things are done right and done well. It is far too important to get this right than to rush this through without a full understanding of the time-tested ramifications experienced by other states.

“For example, in my opinion, the bill does not adequately address:
1. How law enforcement will measure impairment for highway safety.

2. How can we assure parents that the regulatory framework will, in fact, decrease access to marijuana for children?

3. How we will prevent the need for multi-million dollar expansions of our current smoking cessation programs; and

4. How we will measure and reduce impacts on overall public health.

“In my opinion, this bill is as much about the money as it is about ending a failed prohibition, and this major policy shift should not be about money and commercialization. I therefore do not support this proposal at this time. There is still much more work to do in order that we answer every question and prevent predictable consequences.

To date, four other states have legalized marijuana by referendum, with Vermont being the first to do so by the Legislature, and we are in the position to review the positive and negative effects on their states before we act.

As the Governor of Colorado said in December of 2015, his advice to states looking to legalize marijuana is: “I’d wait a year or two and just see.” I would offer that we take his advice because, at the end of the day, what’s the hurry?”

Advocates of marijuana legalization are working hard to pass the bill through this year, because next year will bring a new governor and a new Legislature.

Matt Simon, the Montpelier-based New England political director for the Marijuana Policy Project, said: “We applaud the Senate for advancing this important legislation,” said. “Like most Vermonters, most members of the Senate recognize that prohibition is a failed policy. They voted to regulate marijuana because it will make our communities safer.

“We are confident that House members who take an objective look at the evidence will arrive at the same conclusion as their colleagues in the Senate,” Simon said. “Marijuana is objectively less harmful than alcohol to the consumer and to society. We should be regulating it and controlling it, not forcing it into the underground market.”

On Monday, Vermont Public Radio released the results of a poll conducted by the Castleton Polling Institute that found 55% of Vermonters support passing a law to legalize and regulate marijuana for adult use. Only 32% said they are opposed.