Waterbury, Vt.
A pair of state police commanders met with reporters on Tuesday at the Department of Public Safety’s headquarters in Waterbury to talk about the impact of the law on the operations of the force, and a training document on the topic that’s been put together for troopers.
“The training bulletin for the Vermont State Police was developed to assist our troopers in understanding this new law,” said Capt. James Whitcomb, VSP’s staff operations commander. “We thought it was important to alert our troopers to the new changes in marijuana policies.”
That training bulletin will continuously be updated as court cases around the new marijuana policy play out, he added.
“We’re always going to learn and take new case law and apply that to assist our troopers,” Whitcomb said.
Starting on July 1, the possession of up to an ounce of marijuana will be legal in Vermont for a person 21 or older. Also, a person 21 or older will be able to have two mature marijuana plants and up to four immature ones.
The 10-page training bulletin provided to troopers comes with some words of caution.
“The summary is not exhaustive and your decision in each circumstance may change depending on the facts,” an introduction on the first page reads. “Thus, you must read the text of each of the relevant statutes and confer with your local prosecutor.”
So what if a trooper pulls over a vehicle and can see a marijuana joint in a cup holder?
“I hesitate to answer those specific questions because each of these incidents are dynamic,” Whitcomb said. “There’s a lot that goes into each of these incidents where we observe marijuana in a vehicle.”
How about a dispute involving a landlord who told a tenant not to grow any marijuana in a rental unit, but the tenant is growing marijuana there anywhere? The law allows a landlord to prohibit the cultivation of marijuana in a rental unit pursuant to a lease agreement.
“It’s a case-by-case basis,” Whitcomb said, adding it’s a matter where troopers would need to be working closely with prosecutors in each of the counties where such instances arise.
The training bulletin says, “Unless the cultivation or possession is otherwise prohibited by law, treat as a civil landlord/tenant issue.”
The law also calls for an “enclosure that is screened from public view” when it comes to the cultivation of marijuana plants. Just what that enclosure and screening means is still not entirely clear.
“I don’t recall seeing that it needed to be under lock and key,” Whitcomb said. “I think this is a great example of where this law is going to be developed over time through case law.”
And how would state police ensure that edibles a person possesses contains less than an ounce of marijuana?
“The bulletin, like the law, doesn’t address all potential incidents, including edibles,” Whitcomb said. “These are incidents that troopers are going to encounter, we realize that. … This is an area, again, where the trooper will be and (has) been directed to collaborate with our partners, the state’s attorneys.”
One thing that won’t change, according to both Whitcomb and Lt. John Flannigan, commander of the Vermont State Police’s safety programs, is that it still remains illegal to drive stoned.
“Driving impaired is illegal, nothing changes there,” Whitcomb said.
“It still remains impaired to the slightest degree,” Flannigan added of the law.
