Examining Vermont and New York's Marijuana Laws

In 2018, the state of Vermont passed Bill 86, legalizing the cultivation, possession, and consumption of small amounts of marijuana for adults 21 and older at home. This happened two years prior to lawmakers passing Bill 164 in 2020, which legalized commercial marijuana.

However, Vermont remains one of the least friendly states to legal consumption. Who is most affected by Vermont's marijuana consumption laws, why has New York gained recognition for its new consumption laws, and what can Vermont legislators do to make the state more friendly to residents and visitors who wish to consume?

What is Vermont's consumer law and what is happening in New York?

In Vermont, it is illegal to use marijuana in public places, and renters - including those on short-term leases, hotels, and Airbnb - must obtain permission from their landlord or property owner before using or growing marijuana in their home, even if they are registered medical marijuana patients or caregivers.

In New York State, it is legal to smoke marijuana in any public place where smoking is allowed. Non-homeowners (such as renters) can consume and cultivate medical marijuana within their own homes.

The consumption of marijuana in Vermont has been defined as various forms such as smoking, vaping, or consuming edibles - all of which are prohibited in public places and subject to civil penalties.

In New York state, it is legal to smoke marijuana in any public place where smoking is permitted. Unless explicitly prohibited by landlords, tenants and non-homeowners are allowed to smoke and cultivate medical marijuana in their homes.

Although New York has not yet legalized the home cultivation of adult-use cannabis, 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 cannabis in other forms.

Legislators in New York state are placing the responsibility for complying with their marijuana consumption law on landlords, while legislators in Vermont are placing the burden on tenants.

So, who does Vermont's consumer protection law protect?

The law in Vermont restricts the consumption of marijuana to private residences of homeowners and tenants who have obtained explicit permission from the landlord. Therefore, homeowners are the primary group protected by the law. Examining homeownership in Vermont can provide insight into who is protected by the law in terms of consumption.

Looking at who owns homes in Vermont can reveal who is legally protected in terms of spending.

According to the latest US Census data, Vermont has a homeownership rate of 21.1% for Black residents, 38.6% for Hispanic residents, 45.6% for American Indian and Alaska Native residents, 50.5% for Asian residents, and 72.6% for white residents. Compared to other states, Vermont ranks fifth nationally for the homeownership gap between Black residents and white residents.

The data shows that the Black, Indigenous, and People of Color (BIPOC) communities have the lowest likelihood of owning homes in Vermont, and therefore have the least legal protection when it comes to cannabis consumption.

Despite the legalization of marijuana in Vermont in 2018, a report from the ACLU revealed that enforcement agencies in the state are arresting more black individuals for marijuana-related charges than white individuals, despite similar usage rates. Furthermore, the low homeownership rates in Vermont's BIPOC communities pose a significant public safety issue, highlighting the urgent need to provide legal spaces for marijuana consumption for all residents in the state.

The consumption of marijuana and the tourism industry.

Tourists and visitors to Vermont are also impacted by the law, as public consumption, short-term rentals, hotels, and Airbnb all require specific permits under the law.

The tourism industry in Vermont, which receives over 13 million visitors annually, is a crucial aspect of the state's economy. The argument is that if adults visiting Vermont can responsibly and legally indulge in tobacco, they should also have the right to do the same with marijuana.

How are Vermont state legislators seeking to improve marijuana consumption laws?

Due to the recent midterm elections, Democrats and Progressives in Vermont now hold an overwhelming majority in the state legislature, giving them veto-proof control over the governorship.

The historically banned communities in Vermont are not protected by the state's marijuana consumption law. This is a harmful public policy.

We are calling on Vermont lawmakers to reconsider the marijuana consumption law during the 2023 legislative session and legalize public marijuana consumption in any location where tobacco consumption is allowed. Similar to the state of New York, non-homeowners (such as renters) should be allowed to consume, possess, and cultivate marijuana unless their landlord or property owner explicitly prohibits it. Additionally, a new license category should be created to allow consumption establishments and events, providing some form of direct-to-consumer opportunity for growers and manufacturers.

In addition, adults visiting the state of Vermont find themselves in a contradictory situation, as they are legally able to purchase marijuana and marijuana products while lacking a legal place to consume them.

Communities in Vermont have historically been a target of prohibition and have continued to be targeted by law enforcement even after legalization, despite not being protected under the state's marijuana consumption laws. This is a harmful public policy.

Furthermore, adults visiting the state of Vermont are in a conflicting situation where they can legally purchase marijuana and marijuana products but have no legal place to consume them. Lawmakers in New York are beginning to pursue the right for their residents and visitors to consume marijuana while protecting them.

Lawmakers in Vermont should follow suit in 2023 and also work to address the many flaws in the adult use market rather than replacing other jobs.

Geoffrey Pizzutillo, from Burlington, is a long-time marijuana cultivator and co-founder/executive director of the Vermont Growers Association.

About the Vermont Growers Association: As a non-partisan, mutually beneficial, non-profit trade association, the mission of the Vermont Growers Association is to ensure that Vermont has a fair, viable, craft-centered, small business-driven adult-use cannabis market through education, marketing and promotion. We envision Vermont as a leading state for locally produced, world-class quality cannabis and related products.

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