Challenges of Legal Marijuana Consumption in Vermont and New York

Dec.07.2022
Challenges of Legal Marijuana Consumption in Vermont and New York
Vermont legalized personal marijuana use for adults, but public consumption is prohibited, making it one of the least friendly states.

In 2018, the state of Vermont passed bill number 86 which legalized the cultivation, possession and consumption of small amounts of marijuana for adults aged 21 and over in their homes. This was two years prior to legislators passing bill number 164 in 2020 which legalized commercial marijuana.


However, it remains one of the least friendly states towards legal consumption.


Who will be most affected by Vermont's cannabis consumption law, why has New York gained recognition for its new consumption law, and what can Vermont's lawmakers do to make the state more cannabis-friendly for its residents and tourists?


The states of Vermont and New York.


In Vermont, it is illegal to consume marijuana in public places. Renters, including those using short-term rentals, hotels, and Airbnb, must obtain permission from the landlord or property owner before smoking or growing marijuana in their homes, even if they are registered medical marijuana patients or caregivers.


The consumption of marijuana in Vermont is defined as any form of use, such as smoking, vaping, or consuming edibles, all of which are prohibited in public places and subject to civil penalties.


In the state of New York, it is legal to consume marijuana in any public place where smoking is allowed. Tenants and non-property owners are also allowed to consume and cultivate medical marijuana in their homes unless the landlord explicitly prohibits it.


Although New York has not yet legalized adult recreational marijuana cultivation at home, it does allow for medical cultivation and has taken impressive measures to protect the rights of medical patients and caregivers. For example, if a landlord prohibits smoking, patients are allowed to consume marijuana in other forms.


Lawmakers in New York state have placed the responsibility for compliance with their marijuana consumption law on the landlords, while lawmakers in Vermont have placed the responsibility on the tenants.


Who is protected by Vermont state law?


The state of Vermont's law limits marijuana consumption to the private residences of homeowners and tenants who have obtained explicit permission from their landlords. Therefore, homeowners are the main group protected by the law, and looking at who owns the property will tell us who is legally allowed to consume.


According to the latest US Census data, homeownership rates in Vermont by race/ethnicity are as follows: Black - 21.1%, Hispanic - 38.6%, American Indian/Alaska Native - 45.6%, Asian - 50.5%, and White - 72.6%.


Compared to other states, Vermont ranks fifth in terms of the disparity in homeownership rates for Black households nationwide. This data reveals that Black, Indigenous, and people of color communities in Vermont are least likely to own homes, and therefore have the least legal protection when it comes to consuming cannabis.


Apart from the low homeownership rate among BIPOC communities in Vermont, a report by the ACLU has found that despite the legalization of cannabis in 2018, black individuals in Vermont are arrested more frequently than their white counterparts for cannabis-related offenses, even though usage rates are similar.


Providing legal marijuana consumption spaces for all Vermont residents is an urgent public safety issue.


Tourists and visitors to Vermont are also affected by the law, as public consumption is prohibited and short-term rentals, hotels, and Airbnb require clear permits under the law. The tourism industry, which annually welcomes more than 13 million visitors, is an important sector in Vermont. If adults visiting Vermont can responsibly enjoy tobacco legally, then they should also be able to enjoy marijuana in the same way.


How can Vermont lawmakers improve the law?


Due to the recent midterm elections, the Democratic and Progressive Parties of Vermont now hold a majority in the state legislature and have the power to veto the governor's decisions.


We are calling on Vermont legislators to reexamine the marijuana consumption law during the 2023 legislative session and legalize public marijuana consumption in any location where tobacco is allowed, such as New York State. We also propose allowing non-homeowners, such as renters, to consume, possess, and grow marijuana unless explicitly prohibited by their landlord or property owner. Additionally, we suggest creating a new license category to allow consumption establishments and events, providing some form of direct-to-consumer access for growers and manufacturers.


The communities in Vermont have historically been targets of prohibition, and even with legalization, they continue to be targeted by law enforcement, not protected under the state's marijuana consumption laws. This is harmful public policy. Additionally, adult visitors to Vermont find themselves in a contradictory position, legally able to purchase marijuana and marijuana products but with no legal place to consume them.


New York lawmakers have begun securing the right for their residents and visitors to consume marijuana. Lawmakers in Vermont should follow suit by 2023, while also addressing the numerous flaws in the adult-use market, rather than replacing other jobs.


2FIRSTS will continue to track and report on this issue, with updates available on the '2FIRSTS APP.' Scan the QR code below to download the app.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

BAT New Categories Revenue Rises 18% in H1 2026 as Broad Portfolio Offers More Ways to Win—and Lose
BAT New Categories Revenue Rises 18% in H1 2026 as Broad Portfolio Offers More Ways to Win—and Lose
British American Tobacco’s New Category revenue rose 18% at constant rates in the first half of 2026. Nicotine-pouch brand Velo expanded rapidly, while Vuse recovered as U.S. enforcement against illicit e-vapor products strengthened. Heated-tobacco platform glo remained under pressure, and cigarettes continued to provide most of the group’s profit and cash. Compared with PMI and JT, BAT has more routes to growth—but also greater regulatory, investment and execution risks across its broader portfolio.
BAT
Jul.30
UAE Sets Dh1-Per-ml Minimum Excise Price for Vape Liquids From Sept. 1 While Keeping 100% Tax Rate
UAE Sets Dh1-Per-ml Minimum Excise Price for Vape Liquids From Sept. 1 While Keeping 100% Tax Rate
The UAE Ministry of Finance will introduce a minimum excise price for e-liquids used in vaping and electronic smoking devices from September 1, 2026. The minimum excise price will be set at AED 1 per millilitre. The existing 100% excise tax rate will continue to apply to tobacco and electronic smoking products. The measure changes the minimum taxable base rather than the tax rate, with the UAE government saying it aims to establish unified tax standards, improve market compliance and prevent pricing loopholes.
Regulations
Aug.07 by 2Firsts Perspectives
Product | BAT Japan Launches virto Bright Peach Click in Japan, Expanding glo Hilo’s Capsule-Based Flavor Portfolio
Product | BAT Japan Launches virto Bright Peach Click in Japan, Expanding glo Hilo’s Capsule-Based Flavor Portfolio
British American Tobacco Japan (BAT Japan) has introduced virto Bright Peach Click, a new heated tobacco stick designed for the glo Hilo system. The product expands the existing virto consumable lineup with a combination of tobacco, menthol and ripe peach flavors, featuring a capsule mechanism that releases additional fruit flavor when activated. The product launched in Japan on July 27, 2026, through glo official online channels, convenience stores and tobacco retailers.
Aug.03
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
Philip Morris International’s global R&D chief Michele Cattoni met Liu Sanjiang, deputy director of China’s State Tobacco Monopoly Administration, in Beijing on Aug. 27. The meeting comes as China advances mandatory standards for heated cigarettes and nicotine pouches, laying groundwork for their domestic introduction. Cattoni has held senior roles in PMI’s heated tobacco development, while China’s draft standard covers multiple heating architectures, including systems similar in principle to PMI’s IQOS ILUMA technology.
Aug.27
Product | VAPORESSO Launches PRIX MTL Pod, With NFC Version Linking Interchangeable Panels to On-Screen Animations
Product | VAPORESSO Launches PRIX MTL Pod, With NFC Version Linking Interchangeable Panels to On-Screen Animations
VAPORESSO introduced the PRIX MTL pod system in August 2026 in two versions, Filter and NFC. The Filter version allows users to switch between a conventional drip tip and a filter tip, while the NFC version links interchangeable panels to matching on-screen animations. PRIX features a 2,600mAh battery, a 5.5ml pod, a 0.87-inch TFT display and a maximum output of 40W, alongside Dual Mesh Impact Pods capable of operating at two resistance and power configurations. VAPORESSO's French website lists MSRP at $39.99 for the Filter version and $49.90 for the NFC version.
Market
Aug.24 by 2Firsts Perspectives
EU Tobacco Rules Face Pushback as Analysis Says 90% of Consultation Responses Raised Objections
EU Tobacco Rules Face Pushback as Analysis Says 90% of Consultation Responses Raised Objections
An analysis by We Are Innovation says more than 90% of over 82,000 responses to the European Commission’s public consultation on the Tobacco Products Directive revision raised at least one substantial objection to the proposed regulatory direction.
Jul.13