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.

Reynolds Puts Nearly 183,000 U.S. Contracted Outlets Under Age-Verification Rules, Covering 94% of Volume — Can It Shift an Unauthorized Vape Market?
Reynolds Puts Nearly 183,000 U.S. Contracted Outlets Under Age-Verification Rules, Covering 94% of Volume — Can It Shift an Unauthorized Vape Market?
Reynolds American says nearly 183,000 U.S. retail outlets are under contract, with its Retail Marketing Plan Contract covering about 94% of company volume and requiring point-of-sale age verification. The company combines those contracts with We Card, TruAge, NACS-linked infrastructure and POS integration, while enhanced Vuse Pro retail rules add ID scanning, purchase limits and stronger underage-sales accountability. The initial Vuse Pro rollout targets about 50,000 stores. The system is taking shape as unauthorized vapor products remain dominant in parts of the U.S. market: a 2026 study estimated they accounted for 69.4% of tracked brick-and-mortar e-cigarette dollar sales in December 2025.
Special Report
Oct.15
Product | KT&G Launches lil HYBRID 3.0 Misty Rosé Edition II in South Korea With Two Pink Finishes at 88,000 Won
Product | KT&G Launches lil HYBRID 3.0 Misty Rosé Edition II in South Korea With Two Pink Finishes at 88,000 Won
South Korean tobacco company KT&G launched the limited-edition lil HYBRID 3.0 Misty Rosé Edition II on September 30, 2026, following the original Misty Rosé Edition introduced in November 2025. The new release comes in two pink finishes, Bloom Rosé and Viva Rosé, each priced at 88,000 won. Both versions initially went on sale through the lil Store online shop and lil MINIMALIUM flagship stores. From October 7, Bloom Rosé became available at approximately 1,500 lil Station retail outlets nationwide. The release retains the existing lil HYBRID 3.0 hybrid heated tobacco platform, with changes focused on exterior design and distribution.
product
Oct.10
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
Following recent FDA authorizations for JUUL2 and ZYN ULTRA, 2Firsts Compliance Solutions held an online PMTA briefing on Sept. 4 to examine what the decisions may signal about review efficiency, scientific evidence and U.S. market access. Nearly 30 participants from brands, manufacturers, compliance service providers and investment firms joined the discussion.
2Firsts Events
Sep.06
FRE and ALP Push Modern Oral to 48% of Q2 Sales as Turning Point Brands Changes CEO and Lowers Profit-Guidance Ceiling
FRE and ALP Push Modern Oral to 48% of Q2 Sales as Turning Point Brands Changes CEO and Lowers Profit-Guidance Ceiling
Turning Point Brands said Executive Chairman David E. Glazek will become CEO on October 1, replacing Graham Purdy, who is stepping down for personal reasons. The company narrowed its 2026 adjusted EBITDA outlook to $70 million-$80 million from $70 million-$90 million while maintaining Modern Oral gross sales guidance of $330 million-$350 million and net sales guidance of $260 million-$270 million. In the second quarter, Modern Oral net sales rose 128% to $68.4 million and accounted for 48% of company-wide net sales. Adjusted EBITDA fell 50% year over year. TPB shares closed about 10% lower on September 21.
Market
Sep.22 by 2Firsts Perspectives
German Bundestag Passes Tobacco Tax Hikes: Vape Liquid Duty to Reach €0.44/ml, Heated Tobacco Taxes to Rise and Cigarettes Seen Near €12 a Pack
German Bundestag Passes Tobacco Tax Hikes: Vape Liquid Duty to Reach €0.44/ml, Heated Tobacco Taxes to Rise and Cigarettes Seen Near €12 a Pack
Germany's Bundestag passed amendments to the Tobacco Tax Act on October 15, 2026, setting out annual excise tax increases from 2027 through 2030 for e-cigarette liquids, heated tobacco, cigarettes and other tobacco products. Under the Finance Committee's amended bill, duty on qualifying e-liquids will rise from €0.32/ml in 2026 to €0.44/ml in 2030, an increase of 37.5%. Heated tobacco will retain its tax calculation based on 80% of the corresponding cigarette excise duty. The average price of a 20-cigarette pack is projected to approach €12 by 2030, with some brands potentially reaching €14. The legislation is projected to generate approximately €11.8 billion in additional tax revenue over four years and remains subject to further legislative procedures.
Regulations
Oct.19
FDA Revises Import Alert 98-07 Rules, Bringing May Enforcement Priorities Into Unauthorized ENDS Detentions
FDA Revises Import Alert 98-07 Rules, Bringing May Enforcement Priorities Into Unauthorized ENDS Detentions
The U.S. Food and Drug Administration has revised the rules under Import Alert 98-07 to incorporate its May 2026 enforcement-priority policy for certain electronic nicotine delivery systems marketed without premarket authorization. The alert continues to allow detention without physical examination, or DWPE, for ENDS lacking required marketing authorization, while directing field divisions to apply the May risk-based framework. When necessary, detention or refusal decisions must also undergo review by the FDA's Center for Tobacco Products. Products including PACHA and Vuse Pro have already emerged as industry examples of the May policy, although enforcement discretion does not constitute FDA marketing authorization.
News
Sep.28 by 2Firsts Perspectives