Challenges of Legal Marijuana Consumption in Vermont and New York

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.

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