MONTPELIER — Gov. Phil Scott has decided to allow legislation creating a legal market for marijuana go into law without his signature, clearing the way for recreational cannabis dispensaries to open up in Vermont as soon as October 2022.
Scott said Wednesday evening that although he was allowing the legislation, SB 54, to take effect, lawmakers should work to improve racial equity in the marketplace, act to ban cannabis-related advertising that could appeal to children, and prohibit marijuana vaping products.
“This has been a top priority for the majority in the Legislature for four years, but their work is not complete,” Scott said Wednesday.
“They must ensure equity in this new policy and prevent their priority from becoming a public health problem for current and future generations.”
On Wednesday, Scott also announced he signed another bill that will automatically expunge the criminal records of people convicted of low-level marijuana possession. The legislation will clear the criminal records of those convicted of possessing 2 ounces or less of marijuana.
Lawmakers estimate that there are roughly 10,000 Vermonters who have been charged with low-level marijuana offenses and could be impacted by the legislation.
Marijuana possession and cultivation has been legal in Vermont since 2018, but there has been no way for consumers to legally purchase the drug.
Supporters of the new cannabis law say the measure will provide users a safe way to access marijuana and cut down on black market sales.
While the legislation had been mostly supported by Democrats, many Republicans in the Legislature supported the bill and argued that now that the drug is legal, users should have a way to obtain it legally and safely.
In the days leading up to his decision, Scott, a Republican, said he was unsure about whether he would support the bill, citing concerns from some racial justice advocates who said that the legislation fails to do enough to address racial equity.
Some Vermont racial justice groups, including Justice for All, said that the bill doesn’t provide enough for the communities of color that have been impacted disproportionately by marijuana prohibition.
The Vermont Racial Justice Alliance had asked lawmakers to adopt several racial equity measures including provisions that would release those imprisoned for cannabis-related crimes from incarceration, and training and startup assistance for those who have been impacted by marijuana criminalization and are interested in launching cannabis businesses in Vermont.
In an interview last week, Scott said the advocates “feel as though they were ignored” in the legislative process.
“I’m saying, ‘I’m going to listen to you and your concerns, and see if there’s anything that we can do to alleviate those concerns,’ so that they feel as though they’re heard,” Scott said. “If they feel left out of the conversation, then shame on us, and we need to do better.”
In a letter to lawmakers, Scott said that in January, when they return to Montpelier, they should take up provisions to improve equity in the marijuana marketplace.
He is recommending that the state look to Illinois’ legislation establishing a marijuana market, which he called “a benchmark in how to create a cannabis market that is equitable and moves toward economic justice.”
Scott wants lawmakers to create a “social equity” category for applicants looking to receive licenses to start cannabis businesses, and provide these licensees with “additional technical and financial supports.”
He is also recommending that the state direct some revenue from other cannabis licensees “to benefit social equity applicants and the communities historically most negatively impacted by cannabis enforcement.”
The governor also criticized the legislation for giving Vermont’s existing medical marijuana dispensaries “an unfair head start on market access.”
Under the law, medical dispensaries can be licensed to start selling to members of the public as soon as May of 2022, while new recreational dispensaries can’t open up until October of that year.
The governor added that he wants legislators to pass restrictions on marketing from cannabis businesses that appeals to children, and prohibit marijuana vaping products.
When the House and Senate reached a deal on the marijuana bill last month, they removed a provision that would ban cannabis product advertising. Instead, they agreed to let the Cannabis Control Board (the governmental body that will regulate the new industry) recommend advertising restrictions in consultation with the Vermont Health Department and the Attorney General’s Office.
Scott also noted that the legislation’s authorization of cannabis vaping runs “completely contradictory and counter to our public health goals,” as state officials have acted to restrict e-cigarette products.
And he said that he feels the timeline for appointing the Cannabis Control Board is “too aggressive and may need to be extended.” The board is supposed to be appointed by mid-January.
In crafting the marijuana bill, Democratic leaders made sure to address concerns that Scott had with the legislation.
Scott has told lawmakers that he could support legislation to tax and regulate marijuana if it also made investments in education and drug use prevention programs and included a requirement for towns to vote in favor of allowing dispensaries before they could set up shop — a so-called “opt-in” provision.
Lawmakers included the “opt-in” provision, despite the objections of some in the Senate. And under the legislation, the state would direct 30% of excise tax revenue from pot sales toward drug use prevention and education initiatives.
Scott also wanted lawmakers to make it legal for law enforcement officers to administer saliva tests to screen for impairment in drivers. These tests are controversial, and raise civil liberties concerts for many Democrats.
That’s because saliva tests can’t determine whether drivers are actually under the influence at the time they are taken — they can only tell whether a drug is present in someone’s system. Marijuana can stay in a user’s system for days or weeks after it is ingested.
Democrats legalized saliva testing in the pot bill, but made it a requirement for police to obtain a warrant before they can administer them.
In his letter, Scott commended lawmakers for “moving toward” his “conditions.”
Responding to the governor’s decision on Wednesday, Sen. President Pro Tem Tim Ashe, D/P Chittenden, tweeted that Vermont “is on a clear path to have a legal, safe, regulated system of cultivating, buying + selling marijuana.”
“Like most VTers I wish the bill was simpler but this is what we could get through,” Ashe said.