Local Cannabis Control Commission — Burlington, VT
Date: 2025-03-19
Time: 18:00

Local Cannabis Control Commission



 Wednesday, March 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/96164086065
Phone one-tap:
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Join via audio:
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Webinar ID: 961 6408 6065
International numbers available: https://zoom.us/u/adYxXAwfF9



1. Agenda
  Subject 1.1. Motion to adopt agenda
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 1. Agenda

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to adopt agenda

2. Consent Agenda
  Subject 2.1. Motion to adopt the consent agenda and take the actions indicated
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 2. Consent Agenda

  Department Council and Board
  Type Action (Consent)
 Procedural


  Recommended Action Motion to adopt the consent agenda and take the actions indicated

  Subject 2.2. 2025 Cannabis Renewals: The Herb Closet LLC (retailer license) and True
 802 Cannabis (retailer license)
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 2. Consent Agenda

  Department Clerk/Treasurer's Office


  Type Action (Consent)


  Recommended Action to approve and recommend to the Local Cannabis Control Commission that it authorize
 transmission of local approval of the following local cannabis control license renewals to
 the Cannabis Control Board: The Herb Closet LLC and True 802 Cannabis

3. State Cannabis Control Board: Complaints (2024-2025)
  Subject 3.1. State Cannabis Control Board: Complaints (2024-2025)
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 3. State Cannabis Control Board: Complaints (2024-2025)

  Department Clerk/Treasurer's Office


  Type Action (Consent)
 Communication
 Information


  Recommended Action waive the readings, accept the communications and place them on file

4. Adjournment
  Subject 4.1. Motion to adjourn
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 4. Adjournment

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to adjourn

Local Cannabis Control Commission



 Wednesday, March 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/96164086065
Phone one-tap:
+16469313860,,96164086065# US
Join via audio:
+1 646 931 3860 US
Webinar ID: 961 6408 6065
International numbers available: https://zoom.us/u/adYxXAwfF9



1. Agenda
  Subject 1.1. Motion to adopt agenda
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 1. Agenda

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to adopt agenda

2. Consent Agenda
  Subject 2.1. Motion to adopt the consent agenda and take the actions indicated
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 2. Consent Agenda

  Department Council and Board




 Page 1 of 32
  Type Action (Consent)
 Procedural


  Recommended Action Motion to adopt the consent agenda and take the actions indicated

  Subject 2.2. 2025 Cannabis Renewals: The Herb Closet LLC (retailer license) and True
 802 Cannabis (retailer license)
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 2. Consent Agenda

  Department Clerk/Treasurer's Office


  Type Action (Consent)


  Recommended Action to approve and recommend to the Local Cannabis Control Commission that it authorize
 transmission of local approval of the following local cannabis control license renewals to
 the Cannabis Control Board: The Herb Closet LLC and True 802 Cannabis

3. State Cannabis Control Board: Complaints (2024-2025)
  Subject 3.1. State Cannabis Control Board: Complaints (2024-2025)
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 3. State Cannabis Control Board: Complaints (2024-2025)

  Department Clerk/Treasurer's Office


  Type Action (Consent)
 Communication
 Information


  Recommended Action waive the readings, accept the communications and place them on file

4. Adjournment
  Subject 4.1. Motion to adjourn
  Meeting March 19, 2025 - Local Cannabis Control Sub-committee Meeting - Wednesday, March
 19, 2025, 6:00 PM, Bushor Conference Room 1st Floor, City Hall


  Category 4. Adjournment

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to adjourn




 Page 2 of 32
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov

July 10, 2024

 NOTICE OF VIOLATION


 Respondent: Bern Living Organics, LLC

 Licenses: CLTV0089; MANU0068

 Proprietor/Contact: Adam “Tito” Gross
 135 Main Street, Suite 101
 Designated Office Address:
 Burlington, Vermont 05401
 Vermont Cannabis Solutions LLC
 Registered Agent for
 28 Howard Street, Suite 210
 Service of Process
 Burlington, Vermont 05401


 PARTIES

Respondent Bern Living Organics, LLC (hereinafter, “Respondent”) holds Cannabis
Control Board (CCB) licenses as a tier-2 indoor cultivator (CLTV0089) and a tier-2
manufacturer (MANU0068).


 AUTHORITY

The Cannabis Control Board (CCB or “the Board”) is authorized to adopt rules
“concerning any cannabis establishment,” to include rules concerning the operation
of cannabis establishments, employment and training requirements, and health and
safety requirements. 7 V.S.A. § 881.

The Board may issue civil citations and may suspend or revoke a cannabis
establishment license for violations of Title 33, chapter 7 and in accordance with its
administrative rules. 7 V.S.A. § 882. “Any violation may be subject to an
enforcement action by the Board. The Board will assess the penalty and the severity
of the penalty as provided [CCB Rule 4].” CCB Rule 4.4.1. “If the Board finds that
a person has violated any board rule or related law, the Board may issue a Notice of
Violation.” CCB Rule 4.8.1.




 Page 3 of 32
 FACTUAL BASIS

 1. Bern Living Organics, LLC issued to the Cannabis Control Board a check for
 $2,600, numbered 1567, dated August 4, 2023, in payment of fees related to
 submission S-1317, its application to renew licensure in manufacturing tier 2.
 The check was returned for insufficient funds.

 2. Bern Living Organics, LLC was instructed to complete its payment using a
 money order or cashier’s check; instead, the licensee replaced the bounced
 August check with a personal check, numbered 5078, dated September 9,
 2023. The personal check was voided and returned to the licensee by mail
 with instructions to pay by money order or cashier’s check. Payment on S-
 1317 was not received until September 21, 2023.

 3. Bern Living Organics, LLC issued to the Cannabis Control Board a check for
 $3,850, numbered 5314, dated March 4, 2024, in payment of fees related to
 submission S-5856, its application to renew licensure in cultivation tier 2.
 The check was returned for insufficient funds. To date, Respondent has not
 paid the statutory fees due for its renewal.



 VIOLATIONS

The facts set out above establish that Respondent has twice made payment with a
check returned for insufficient funds, a Category V violation pursuant to CCB Rule
4.5.5(b).


 PENALTIES

The presumptively appropriate penalty for a first Category V violation in the
immediately preceding three years is a corrective action plan and/or an
administrative penalty of not more than $2,500.

The presumptively appropriate penalty for a second Category V violation in the
immediately preceding three years is a corrective action plan, and administrative
penalty of not more than $5,000, and/or a suspension for not more than 5 days of a
license or cannabis Establishment identification card.




 2


 Page 4 of 32
The aggregate maximum penalty for the two violations set out above therefore may
include a corrective action plan, administrative penalties of $7,500, and five days of
license suspension.


 WAIVER PENALTY

Based on the specific facts and circumstances of this case, the Board does not intend
to impose the maximum penalty explained above, but instead intends to impose the
penalty described in this section, called a waiver penalty. The waiver offer is not
binding unless accepted.

If you wish to accept this Notice the waiver penalty to be imposed is:

 • Until 4:30pm, Tuesday, July 16, 2004, Respondent may accept
 an administrative penalty of $4,000 in consequence of the two
 violations by delivering payment by cashier’s check of $7,850
 (the sum of $3,850 unpaid fees and the $4,000 administrative
 penalty).

 • After 4:30pm, Tuesday, July 16, 2004, the waiver amount shall
 increase by $150 each of the twenty-three further days until
 the $7,500 maximum administrative penalty is reached, at
 which time Respondent shall owe $11,350 (the sum of $3,850
 unpaid fees and the $7,500 administrative penalty).

 • Respondent shall be placed on a three-year corrective action plan
 requiring that all fees be paid with a cashier’s check at least 48 hours
 prior to the date due otherwise applicable.

Should you elect to respond as described below, a pre-hearing conference will be
scheduled. At the pre-hearing conference, you may discuss with CCB staff
alternative penalties that might be acceptable to you and the CCB based on the
specific facts and circumstances of this case and the aggravating and mitigating
considerations set out at CCB Rule 4.7.

 RESPONDING TO THIS NOTICE

CCB Rule 4.9 provides:

 (a) Within 15 days after service of a Notice of Violation, a person may
 contest the violation and/or the penalty to the Board by filing a
 response in writing. The response must specifically identify each issue
 and fact in dispute and state the position of the person, the pertinent


 3


 Page 5 of 32
 facts to be determined by the Board, and the reasons supporting the
 person’s position.
 (b) A failure to contest the violation within 15 days will constitute an
 admission of the violation and acceptance of the penalty.
 (c) The Board shall consider the person’s response and issue a final decision in
 writing within 15 days after receiving the person’s response.
 (d) A person who faces suspension or revocation of their license or Cannabis
 Establishment identification card may request a hearing before the Board. The
 hearing shall take place within 20 days of the Board receiving the request for a
 hearing unless the person waives the timeline. Evidence may be introduced at
 the hearing in accordance with 3 V.S.A. § 810. The Board may issue a final
 decision on the record at the hearing or may issue a final decision in writing
 within 15 days after the hearing is complete.
 (e) To the extent a person is contesting whether a violation occurred, the Board may
 not find that a violation occurred unless such a finding is supported by a
 preponderance of the evidence.
 (f) The Board’s final decision may uphold its original Notice of Violation, may
 revise the penalty or penalties to be less severe, or may dismiss the Notice of
 Violation.
 (g) A person who is aggrieved by the Board’s final decision may appeal in
 accordance with 7 V.S.A. 847.

Send your written response as a PDF file by email to ccb.docketclerk@vermont.gov,
or send paper copy by post to:

 Cannabis Control Board
 ATTN: Docket Clerk
 89 Main Street
 Montpelier, VT 05620-7001



 PRE-HEARING CONFERENCE

Upon timely receipt of a response contesting this Notice, the docket clerk will
schedule a pre-hearing conference, at which you may speak with staff about hearing
procedure and/or discuss the possibility of a stipulated resolution acceptable to you
and the CCB. You are entitled to have an attorney represent you in this matter,
and an attorney may accompany you to the pre-hearing conference.




 Notice approved for service: /s/gmg July 10, 2024
 Gabriel M. Gilman Date
 General Counsel
 802.261.1510



 4


 Page 6 of 32
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov



 LETTER OF WARNING

 To: Champlain Valley Dispensary, Inc. DBA Ceres Collaborative
 Karly Goranson-Kirk - karly@slangww.com
 From: Cannabis Control Board
 Compliance & Enforcement Division

 Date: September 25, 2024
 Re: Advertising and Promotion at Higher Ground Event on
 July 26, 2024

Pursuant to Cannabis Control Board (“CCB”) Rule 4.14, you are hereby warned that
the advertising event described below violates Vermont laws and rules governing
advertising by licensed cannabis establishments.

 1. On July 24, 2024, you submitted proposed marketing materials, a 20% off
 coupon, to the Board you planned to use at a Higher Ground event taking
 place on July 26, 2024.

 2. On July 26, 2024, you were informed by CCB Staff that the standard health
 warning needed to be added to the coupon prior to use and that the proposed
 coupon can only be distributed at confirmed 21+ events.

 3. You did not respond to CCB Staff.

 4. At the event, the coupons handed out by Ceres staff did not have the required
 health warning on them.

 5. The Higher Ground event on July 26, 2024, was not a 21+ event.

 6. You had a sign in front of the tent indicating it was a 21+ area, but there was
 no one checking IDs of the individuals entering the area.

 7. As part of your marketing and promotion in the tent you were giving out
 gummies without THC.

The above violates:




 1

 Page 7 of 32
CCB Rule 2.2.10(a):

 (a) All marketing, advertising, branding, packaging, and promotion must
 include the following warning exactly as it is below:

Cannabis has not been analyzed or approved by the Food and Drug Administration (FDA).
For use by individuals 21 years of age and older or registered qualifying patient only. KEEP
THIS PRODUCT AWAY FROM CHILDREN AND PETS. DO NOT USE IF
PREGNANT OR BREASTFEEDING.
Possession or use of cannabis may carry significant legal penalties in some jurisdictions and
under federal law. It may not be transported outside of the state of Vermont. The effects of
edible cannabis may be delayed by two hours or more. Cannabis may be habit forming
and can impair concentration, coordination, and judgment. Persons 25 years and younger
may be more likely to experience harm to the developing brain.
It is against the law to drive or operate machinery when under the influence of this product.
National Poison Control Center 1-800-222-1222.

7 V.S.A. § 864:

 (b)(7) is designed to be or has the effect of being particularly appealing to
 persons under 21 years of age.

 (c) Cannabis establishments shall not advertise their products via any
 medium unless the licensee can show that not more than 15 percent of the
 audience is reasonably expected to be under 21 years of age.

Cannabis establishments and their marketing staff should carefully review the
Board’s Advertising Guidance, as well as the statutes and rules to which that
guidance refers, available from ccb.vermont.gov/laws-rules-and-regulations.

Violating advertising laws or regulations is a Category III violation, the
presumptive penalty for which is a corrective action plan and/or an administrative
penalty of not more than $10,000 for a first violation, with enhanced penalties for
subsequent violations. CCB Rule 4.5.3(h).

Any violation of the CCB Rules may be subject to an enforcement action by the
Board. CCB Rule 4.4.1. Not all notices of violation are preceded by a warning.

Please avoid costly violations by ensuring compliance with these requirements
going forward. If you have questions, please do not hesitate to contact us at
ccb.compliance@vermont.gov.


 2

 Page 8 of 32
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov



 LETTER OF WARNING
 To: BB CANN Inc. DBA Float On
 Rajive Bhasin - info@floatondispensary.com

 From: Cannabis Control Board
 Compliance & Enforcement Division

 Date: September 25, 2024
 Re: September 17, 2024, Compliance Check

Pursuant to Cannabis Control Board (“CCB”) Rule 4.14, you are hereby warned that
the events described below violate Vermont laws and rules governing licensed
cannabis establishments.

 1. On September 17, 2024, DLL Officer Jennifer Norton conducted a compliance
 check.

 2. Officer Norton was able to enter the establishment without immediately
 having to provide proof of identification to an employee of Float On.

 3. She was asked to show her ID only after attempting to purchase Cannabis
 Product after being in the store for several minutes.

 4. While in the establishment Officer Norton observed two other individuals
 enter without being checked for ID.

The above violates:

CCB Rule 2.8.3

 (a) Immediately upon a visitor entering the retail premises an individual who
 has been issued an identification card pursuant to Board Rule 1.16 shall
 inspect the visitor’s proof of identification and determine the visitor’s age.
 This age check shall take place in the immediate vicinity of the entrance to
 the retail premises.




 1

 Page 9 of 32
Cannabis Establishments should carefully review the statutes and rules, available
on the CCB website https://ccb.vermont.gov/laws-rules-and-regulations.

Knowingly permitting any activity on the premises of the dispensary that violates
Vermont law is a Category III violation, the presumptive penalty for which is a
corrective action plan and/or an administrative penalty of not more than $10,000 for
a first violation, with enhanced penalties for subsequent violations. CCB Rule
4.5.3(d)

Any violation of the CCB Rules may be subject to an enforcement action by the
Board. CCB Rule 4.4.1. Not all notices of violation are preceded by a warning.

Please avoid costly violations by ensuring compliance with these requirements
going forward. If you have questions, please do not hesitate to contact us at
ccb.compliance@vermont.gov.




 2

 Page 10 of 32
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov



 LETTER OF WARNING
 To: Barking Dog Farm, LLC
 Matthew Hogg - matthew.hogg.dna@gmail.com

 From: Cannabis Control Board
 Compliance & Enforcement Division

 Date: September 25, 2024
 Re: Failure to Destroy or Transfer Cannabis and Cannabis
 Product during September 10, 2024, Cease of Operations


Pursuant to Cannabis Control Board (“CCB”) Rule 4.14, you are hereby warned that
the events described below violate Vermont laws and rules governing licensed
cannabis establishments.

 1. The outdoor tier-1 cultivator license held by you (SCLT0333) expired on
 August 21, 2024.

 2. On August 26, 2024, based on your communications with Compliance Agent
 Denise McCarty, you do not want anyone from the CCB to complete the
 required Cease of Operations associated with the expiration of your
 Cultivation License.

 3. According to your latest inventory tracking records you have not transferred
 any product and still have harvested cannabis in your possession.

 4. You did not allow for the Cannabis and Cannabis product to be transferred or
 destroyed as required during a Cease of Operations.

The above violates:

CCB Rule 2
 All Cannabis Establishments must abide by the prohibitions, restrictions,
 and requirements of Chapter 33, Title 7 of the Vermont Statutes.




 1

 Page 11 of 32
CCB Rule 2.2.14
 Cannabis Establishments shall submit to inspections of their physical site of
 operations and their records upon request of the Board or a Board designee.


7 V.S.A. § 901(a)
 (a) Except as otherwise permitted by law, a person shall not engage in the
 cultivation, preparation, processing, packaging, transportation, testing, or
 sale of cannabis or cannabis products without obtaining a license from the
 Board.


Cannabis Establishments should carefully review the statutes and rules, available
on the CCB website https://ccb.vermont.gov/laws-rules-and-regulations.

Operating without all required permits, Board approvals, certificates, registrations
and/or licenses is a Category I violation, the presumptive penalty for which is a
corrective action plan and/or an administrative penalty of not more than $20,000 for
a first violation, with enhanced penalties for subsequent violations (halved to
$10,000 for tier-1 cultivators). CCB Rule 4.5.1(a)

Obstructing a Board designee from performing his or her official duties is a
Category I violation, the presumptive penalty for which is a corrective action plan
and/or an administrative penalty of not more than $20,000 for a first violation, with
enhanced penalties for subsequent violations (halved to $10,000 for tier-1
cultivators). CCB Rule 4.5.1(k)

Failure to destroy or transfer Cannabis or Cannabis Product that has been ordered
destroyed by the Board is a Category II violation, the presumptive penalty for which
is a corrective action plan and/or an administrative penalty of not more than
$15,000 for a first violation, with enhanced penalties for subsequent violations
(halved to $7,500 for tier-1 cultivators). CCB Rule 4.5.2(o).

Any violation of the CCB Rules may be subject to an enforcement action by the
Board. CCB Rule 4.4.1. Not all notices of violation are preceded by a warning.

Please avoid costly violations by coming immediately into compliance with these
requirements. If you have questions, please do not hesitate to contact us at
ccb.compliance@vermont.gov.




 2

 Page 12 of 32
 ^^VERNONT
 CANNABIS CONTROL
 89 IVIaln Street IVIontpelier, VT 05602 | ccb.vermont.gov



 LETTER OF WARNING

 To: Heybud Collective Corp
 Joshua Decatur - iadecatur@gmail.com

 From: Cannabis Control Board
 Compliance & Enforcement Division

 Date: November 6, 2024

 Re: Advertising for April 28, 2024, Cannabis Farmers IVtarket

Pursuant to Cannabis Control Board ("CCB") Rule 4.14, you are hereby warned that
the advertising described below violates Vermont laws and rules governing
advertising by licensed cannabis establishments.


Instagram Story and flyer at the Moretown General Store Creemee Stand:




 'S9SSK^S^^SSiS^^^^8i^SSSSSSSS^S&M^^?9^SS:S!:S:.Ss




 -,..




 !C*I]B!%iTCffli;3|HC>SWG^E:
 'SSiSissSi^^SSSi^i^i^ySiS'^^^S^-"!'^;^^^




 Come ha "9 out with
 <Iii>hoyfcHi<l»hoyfc>Kcl nnd mysd?
 tomorrow at karma bird liousie / their

 businesses as well as cultiuators




 Page 13 of 32
The above violates:


CCB Rule 2.2.10(a):

 (a) All marketing, advertising, branding, packaging, and promotion must
 include the following warning exactly as it is below:


 ICarmabis has not been analyzed or approved by the Food and Drug Administration (PDA),
 por use by individuals 21 years of age and older or registered qualifying patient only. KEEP
 THIS PRODUCT AWAY FROM CHILDREN AND PETS. DO NOT USE IF
 PREGNANT ORBREASTFEEDING.
 possession or use ofcannabis may carry significant legal penalties in some jurisdictions and
 under federal law. It may not be transported outside of the state of Vermont. The effects of
 edible cannabis may be delayed by hvo hours or more. Cannabis may be habit forming
 and can impair concentration, coordination, and judgment. Persons 25 years and younger
 may be more likely to experience harm to the developing brain.

 It is against the law to drive or operate machinery when under the influence of this product.
 National Poison Control Center 1-800-222-1222.



CCB Rule 2.2.12

 (b) That the audience for any outdoor advertisement is the general public,
 and those under 21 years of age will have the same prevalence in that
 audience as they do in the general public, unless a prospective advertiser can
 demonstrate that an outdoor space will not be accessed by the general public
 and that those who can access it meet the audience metric of 7 V.S.A.
 864(c).


7 V.S.A. § 864:

 (c) Cannabis establishments shall not advertise their products via any
 medium unless the licensee can show that not more than 15 percent of the
 audience is reasonably expected to be under 21 years of age.


Cannabis establishments and their marketing staff should carefully review the
Board's Advertising Guidance, as well as the statutes and rules to which that
guidance refers, available from ccb.vermont.gov/laws-rules-and-regulations.


Violating advertising laws or regulations is a Category III violation, the
presumptive penalty for which is a corrective action plan and/or an administrative




 Page 14 of 32
penalty of not more than $10,000 for a first violation, with enhanced penalties for
subsequent violations. GCB Rule 4.5.3(h).


Any violation of the CCB Rules may be subject to an enforcement action by the
Board. CCB Rule 4.4.1. Not all notices of violation are preceded by a warning.


Please avoid costly violations by ensuring compliance with these requirements
going forward. If you have questions, please do not hesitate to contact us at
ccb .compliance@vermont. eov.




 Page 15 of 32
 ^^kVERMONT
 CANNABIS CONTROL,
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov




 NOTICE OF VIOLATION

 Respondent:
 Heybud Collective Corp

 Credential No: RTLR0080

 Proprietor/Contact: Joshua Decatur

 233 South Street
 Designated Office Address: South Hero, Vermont 05486


 Date of Issuance November 6, 2024




 PARTIES

Heybud Collective Corp (hereinafter Respondent ) is licensed by the Cannabis
Control Board (GCB) as a retail cannabis establishment. Respondent operates at 47
IVIaple Street, Burlington. Joshua Decatur, David Biral, and Justin Decatur are
Respondent's principals.



 AUTHORITY

The Cannabis Control Board (CCB or "the Board") is authorized to adopt rules
"concerning any cannabis establishment," to include rules concerning the operation
of cannabis establishments, employment and training requirements, and health and
safety requirements. 7 V.S.A. § 881.


The Board may issue civil citations and may suspend or revoke a cannabis
establishment license for violations of Title 33, chapter 7 and in accordance with its
administrative rules. 7 V.S.A. § 882. "Any violation may be subject to an
enforcement action by the Board. The Board will assess the penalty and the severity
of the penalty as provided [CCB Rule 4]." CCB Rule 4.4.1. "If the Board finds that
a person has violated any board rule or related law, the Board may issue a Notice of
Violation." CCB Rule 4.8.1.




 \MY,j4,-^N^\, Page 16 of 32
 FACTUAL BASIS

Respondent disconnected from the CCB Inventory Tracking System beginning on
September 18, 2024 and has since reported sales only on a single day, October 4.


 VIOLATIONS

Respondent has committed a Category III violation by failing to update the
Inventory Tracking System, in contravention ofCCB Rule 4.5.3(b).


This is a continuing violation.


 PENALTIES

The presumptively appropriate penalty for a first Category III violation in the
immediately preceding three years is a corrective action plan and/or an
administrative penalty of not more than $10,000. Additional violations may be
assessed for each day the circumstance continues.



 WAIVER PENALTY

Based on the specific facts and circumstances of this case, and in light of the factors
described in CCB Rule 4.7, the Board does not intend to impose the maximum
penalty explained above, but instead intends to impose the penalty described in this
section, called a waiver penalty. The waiver offer is not binding unless accepted.


If you wish to accept this Notice, or if you fail to reply in the time specified, the
waiver penalty to be imposed is:


 If immediate compliance is forthcoming and missing sales and
 transfers accounted-for, an administrative penalty of $2,500.


Should you elect to respond as described below, you may request a pre-hearing
conference to discuss with CCB staff alternative penalties that might be acceptable
to you and the GCB based on the specific facts and circumstances of this case and
the aggravating and mitigating considerations set out at CCB Rule 4.7.




 RESPONDING TO THIS NOTICE



 Page 17 of 32
CCB Rule 4.9 provides:

 (a) Within 15 days after service of a Notice of Violation, a person may
 contest the violation and/or the penalty to the Board by filing a
 response in writing. The response must specifically identify each issue
 and fact in dispute and state the position of the person, the pertinent
 facts to be determined by the Board, and the reasons supporting the
 person's position.
 (b) A failure to contest the violation within 15 days will constitute an
 admission of the violation and acceptance of the penalty.
 (c) The Board shall consider the person's response and issue a final decision in
 writing within 15 days after receiving the person's response.
 (d) A person who faces suspension or revocation of their license or Cannabis
 Establishment identification card may request a hearing before the Board. The
 hearing shall take place within 20 days of the Board receiving the request for a.
 hearing unless the person waives the timeline. Evidence may be introduced at
 the hearing in accordance with 3 V.S.A. § 810. The Board may issue a final
 decision on the record at the hearing or may issue a final decision in writing
 within 15 days after the hearing is complete.
 (e) To the extent a person is contesting whether a violation occurred, the Board may
 not find that a violation occurred unless such a finding is supported by a.
 preponderance of the evidence.
 (f) The Board's final decision may uphold its original Notice of Violation, may
 revise the penalty or penalties to be less severe, or may dismiss the Notice of
 Violation,
 (g) A person who is aggrieved by the Board's final decision may appeal in
 accordance with 7 V.S.A. 847.


Please include the attached cover sheet with your written response.
File your response as a PDF attachment to ccb.docketclerk@vermont.gov
or by mail bearing a timely postmark to:


 Cannabis Control Board
 ATTN: Docket Clerk
 89 Main Street
 Montpelier, VT 05620-7001




 PRE-HEARING CONFERENCE




 Page 18 of 32
If requested on your reply cover sheet, the docket clerk will schedule a pre-hearmg
conference, at which you may speak with staff about hearing procedure and/or
discuss the possibility of a stipulated resolution acceptable to you and the CCB.
You are entitled to have an attorney represent you in this matter, and an attorney
may accompany you to the pre-hearing conference.




 Notice approved for service: /s/ems October 14, 2024
 Gabriel M, Gilman Date
 General Counsel
 802.261.1S10




 Page 19 of 32
 ^<.VERMONT
 CANNABIS CONTROL.
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov




 NOTICE OF VIOLATION

 Respondent I:
 Four Clover Corp d/b/a HEYBUD_
 Credential No: CLTV0092

 Proprietor/Contact: Joshua Decatur

 1876 Belvidere Road
 Designated Office Address:
 Eden, Vermont 05653


 Respondent II:
 Heybud Collective Corp

 Credential No: RTLR0080

 Proprietor/Contact: Joshua Decatur

 233 South Street
 Designated Office Address: South Hero, Vermont 05486


 Date of Issuance November 6, 2024




 PARTIES

Four Clover Corp (hereinafter "Respondent I") is licensed by the Gannabis Control
Board (CCB) as a mixed tier-2 cultivator and operates under the assumed business
name HEYBUD.

Heybud Collective Corp (hereinafter "Respondent II ) is licensed by the CCB as a
retail cannabis establishment. Respondent operates at 47 Maple Street,
Burlington.


Respondent I and Respondent II (collectively, "Respondents") are under common
ownership by principals Joshua Decatur, David Biral, and Justin Decatur.




 ^NKA^ Page 20 of 32
 AUTHORITY

The Board is authorized to adopt rules concerning any cannabis establishment," to
include rules concerning the operation of cannabis establishments, employment and
training requirements, and health and safety requirements. 7 V.S.A. § 881.


The Board may issue civil citations and may suspend or revoke a cannabis
establishment license for violations of Title 33, chapter 7 and in accordance with its
administrative rules. 7 V.S.A. § 882. "Any violation may be subject to an
enforcement action by the Board. The Board will assess the penalty and the severity
of the penalty as provided [CCB Rule 4]." CCB Rule 4.4.1. "If the Board finds that
a person has violated any board rule or related law, the Board may issue a Notice of
Violation." CCB Rule 4.8.1.




 FACTUAL BASIS
A report memorializing the investigation into this matter is appended to this notice.
The facts pertinent to the violations charged herein are as follows:


1. Respondents have never held a cannabis manufacturer license.


2. Having no license or authorization to do so, Respondents installed a Mini-Osprey
 washing system, as well as a freeze dryer, at the site of New England Cannabis
 Partners, LLC (d/b/a MothaPlant). Respondents maintained an ownership
 interest in the equipment.


3. In the summer of 2024, Respondents began offering cannabis manufacturing
 services to licensed cannabis cultivators.


4. An agent of Respondents coordinated the receipt of cannabis flower from
 multiple licensed cultivators and performed hash washing at the MothaPlant
 site. Respondents compensated JVEothaPlant 20% of receipts, keeping the
 remainder. The parties conceived of the arrangement as mutually beneficial, as
 Respondents' agent could consult and train MothaPlant staff.


5. Respondents paid their agent for his time at MothaPlant, collected payment
 from. cultivators, and even appeared as the listed producer on laboratory
 certificates of analysis submitted for product registration.




 Page 21 of 32
6. At no point in the expansion of their operations beyond their licensed cultivation
 and retail sites did Respondents notify the CCB of their expanded operations.
 Those operations were carefully planned and included acquisition and
 installation of equipment Respondents were not licensed to use, at a site where
 Respondents were not licensed to operate.


 VIOLATIONS
Respondent has committed a Category I violation by operating without all required
permits, Board approvals, certificates, registrations and/or licenses, in
contravention ofCCB Rule 4.5.1(a).


Respondent has committed a Category III violation by failing to notify the Board of
a modification or expansion of the facilities of the Cannabis Establishment or
dispensary, in contravention ofCCB Rule 4.5.3(f).



 PENALTIES

The presumptively appropriate penalty for a first Category I violation in the
immediately preceding three years is a corrective action plan, an administrative
penalty of not more than $20,000, suspension for not more than 60 days, or license
revocation. CCB Rule 4.5.1(t).


The presumptively appropriate penalty for a first Category III violation in the
immediately preceding three years is a corrective action plan and/or an
administrative penalty of not more than $10,000.

The aggregate maximum penalty for the violations charged is $30,000 and/or
license revocation.


 WAIVER PENALTY
Based on the specific facts and circumstances of this case, and in light of the factors
described in CGB Rule 4.7, the Board does not intend to impose the maximum
penalty explained above, but instead intends to impose the penalty described in this
section, called a waiver penalty. The waiver offer is not binding unless accepted.


If you wish to accept this Notice, or if you fail to reply in the time specified, the
waiver penalty to be imposed is: An administrative penalty of $25,000.

Should you elect to respond as described below, you may request a pre-hearing
conference to discuss with CCB staff alternative penalties that might be acceptable




 Page 22 of 32
to you and the GCB based on the specific facts and circumstances of this case and
the aggravating and mitigating considerations set out at CCB Rule 4.7.
 RESPONDING TO THIS NOTICE

CCB Rule 4.9 provides:

 (a.) Within IS days after service of a Notice of Violation, a person may
 contest the violation and/or the penalty to the Board by filing a
 response in writing. The response must specifically identify each issue
 and fact in dispute and state the position of the person, the pertinent
 facts to be determined by the Board, and the reasons supporting the
 person s position.
 (b) A failure to contest the violation within 15 days will constitute an
 admission of the violation and acceptance of the penalty.
 (c) The Board shall consider the person's response and issue a final decision in
 writing within IS days after receiving the person's response.
 (d) A person who faces suspension or revocation of their license or Cannabis
 Establishment identification card may request a hearing before the Board. The
 hearing shall take place within 20 days of the Board receiving the request for a.
 hearing unless the person waives the timeline. Evidence may be introduced at
 the hearing in accordance with 3 V.S.A, § 810. The Board may issue a final
 decision on the record at the hearing or may issue a final decision in writing
 within 15 days after the hearing is complete.
 (e) To the extent a person is contesting whether a violation occurred, the Board may
 not find that a violation occurred unless such a finding is supported by a
 preponderance of the evidence.
 (f) The Board's final decision may uphold its original Notice of Violation, may
 revise the penalty or penalties to be less severe, or may dismiss the Notice of
 Violation.
 (g) A person who is aggrieved by the Board's final decision may appeal in
 accordance with 7 V.S.A. 847.




Please include the attached cover sheet with your written response.
File your response as a PDF attachment to ccb.docketclerk@vermont.sov
or by mail bearing a timely postmark to:

 Cannabis Control Board
 ATTN: Docket Clerk
 89 Main Street
 Montpelier, VT 05620-7001




 Page 23 of 32
 PRE-HEARING CONFERENCE

If requested on your reply cover sheet, the docket clerk will schedule a pre-hearing
conference, at which you may speak with staff about hearing procedure and/or
discuss the possibility of a stipulated resolution acceptable to you and the CCB.
You are entitled to have an attorney represent you in this matter, and an attorney
may accompany you to the pre-hearing conference.




 Notice approved for service: /s/gm.e November 5, 2024
 Gabriel M. Gilman Date
 General Counsel
 802.261.1510




 Page 24 of 32
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov



 LETTER OF WARNING

 To: 802Apoth LLC d/b/a TRUE-802 Cannabis
 Gianna Gallucci – shane@true802cannabis.com
 From: Cannabis Control Board
 Compliance & Enforcement Division

 Date: December 27, 2024
 Re: Advertisements on Sandwich Boards

Pursuant to Cannabis Control Board (“CCB”) Rule 4.14, you are hereby warned that
the digital advertising described below violates Vermont laws and rules governing
advertising by licensed cannabis establishments.




The above advertisement violates:




 1

 Page 25 of 32
CCB Rule 2.2.10:

 (a) All marketing, advertising, branding, packaging, and promotion must
 include the following warning exactly as it is below:

Cannabis has not been analyzed or approved by the Food and Drug Administration (FDA).
For use by individuals 21 years of age and older or registered qualifying patient only. KEEP
THIS PRODUCT AWAY FROM CHILDREN AND PETS. DO NOT USE IF
PREGNANT OR BREASTFEEDING.
Possession or use of cannabis may carry significant legal penalties in some jurisdictions and
under federal law. It may not be transported outside of the state of Vermont. The effects of
edible cannabis may be delayed by two hours or more. Cannabis may be habit forming
and can impair concentration, coordination, and judgment. Persons 25 years and younger
may be more likely to experience harm to the developing brain.
It is against the law to drive or operate machinery when under the influence of this product.
National Poison Control Center 1-800-222-1222.

CCB Rule 2.2.12:

 (b) That the audience for any outdoor advertisement is the general public,
 and those under 21 years of age will have the same prevalence in that
 audience as they do in the general public, unless a prospective advertiser can
 demonstrate that an outdoor space will not be accessed by the general public
 and that those who can access it meet the audience metric of 7 V.S.A. §
 864(c).

7 V.S.A. § 864:

 (c) Cannabis establishments shall not advertise their products via any
 medium unless the licensee can show that not more than 15 percent of the
 audience is reasonably expected to be under 21 years of age.

Sandwich boards with substantive promotional content, such as substantive
taglines or information about products, events, or discounts, are advertisements
and must comply with audience-composition and content requirements. See
Advertising Guidance, July 2024, p. 6.

Cannabis establishments and their marketing staff should carefully review the
Board’s Advertising Guidance, as well as the statutes and rules to which that
guidance refers, available from ccb.vermont.gov/laws-rules-and-regulations.


 2

 Page 26 of 32
Violating advertising laws or regulations is a Category III violation, the
presumptive penalty for which is a corrective action plan and/or an administrative
penalty of not more than $10,000 for a first violation, with enhanced penalties for
subsequent violations. CCB Rule 4.5.3(h).

Any violation of the CCB Rules may be subject to an enforcement action by the
Board. CCB Rule 4.4.1. Not all notices of violation are preceded by a warning.

Please avoid costly violations by ensuring compliance with these requirements
going forward. If you have questions, please do not hesitate to contact us at
ccb.compliance@vermont.gov.




 3

 Page 27 of 32
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov

 LETTER OF WARNING
 To: Judy's Holistic Solution LLC
 Judy McLaurin - judysholisticsolution@gmail.com
 From: Cannabis Control Board
 Compliance & Enforcement Division

 Date: January 22, 2025
 Re: Advertisements on Social Media

Pursuant to Cannabis Control Board (“CCB”) Rule 4.14, you are hereby warned that
the digital advertising linked below 1 violates Vermont laws and rules governing
advertising by licensed cannabis establishments.

https://www.instagram.com/p/DEsR2s7R5IU/
https://www.instagram.com/p/DEc3B4GRLLk/?img_index=1
https://www.instagram.com/p/DEQzzgZxTVQ/?img_index=1
https://www.instagram.com/p/DDxf-sgxePM/?img_index=2
https://www.instagram.com/p/DDsOi6mxiDj/

The above advertisements, in addition to others on your Instagram page, violate:

CCB Rule 2.2.10(a):

 (a) All marketing, advertising, branding, packaging, and promotion must
 include the following warning exactly as it is below:




1
 Several other posts, in addition to those linked here, violate the CCB Rules.


 1

 Page 28 of 32
Cannabis has not been analyzed or approved by the Food and Drug Administration (FDA).
For use by individuals 21 years of age and older or registered qualifying patient only. KEEP
THIS PRODUCT AWAY FROM CHILDREN AND PETS. DO NOT USE IF
PREGNANT OR BREASTFEEDING.
Possession or use of cannabis may carry significant legal penalties in some jurisdictions and
under federal law. It may not be transported outside of the state of Vermont. The effects of
edible cannabis may be delayed by two hours or more. Cannabis may be habit forming
and can impair concentration, coordination, and judgment. Persons 25 years and younger
may be more likely to experience harm to the developing brain.
It is against the law to drive or operate machinery when under the influence of this product.
National Poison Control Center 1-800-222-1222.

CCB Rule 2.2.11(e):
 (e) Social media accounts for Cannabis Establishments may only promote
 products using links to their age-gated websites.

7 V.S.A. § 864:

 (c) Cannabis establishments shall not advertise their products via any
 medium unless the licensee can show that not more than 15 percent of the
 audience is reasonably expected to be under 21 years of age.

 (e) All advertisements shall be submitted to the Board on a form or in a
 format prescribed by the Board, prior to the dissemination of the
 advertisement.

Cannabis establishments and their marketing staff should carefully review the
Board’s Advertising Guidance, as well as the statutes and rules to which that
guidance refers, available from ccb.vermont.gov/laws-rules-and-regulations.

Violating advertising laws or regulations is a Category III violation, the
presumptive penalty for which is a corrective action plan and/or an administrative
penalty of not more than $10,000 for a first violation, with enhanced penalties for
subsequent violations. CCB Rule 4.5.3(h).

Any violation of the CCB Rules may be subject to an enforcement action by the
Board. CCB Rule 4.4.1. Not all notices of violation are preceded by a warning.
Please avoid costly violations by coming immediately into compliance with these
requirements. If you have questions, please do not hesitate to contact us at
ccb.compliance@vermont.gov.




 2

 Page 29 of 32
 89 Main Street Montpelier, VT 05602 | ccb.vermont.gov

 LETTER OF WARNING
 To: The Herb Closet LLC
 King McMillan - theherbclosetvt@gmail.com
 From: Cannabis Control Board
 Compliance & Enforcement Division

 Date: February 12, 2025
 Re: Advertisement

Pursuant to Cannabis Control Board (“CCB”) Rule 4.14, you are hereby warned that
the advertising depicted below violates Vermont laws and rules governing
advertising by licensed cannabis establishments.

This photo was taken on or around January 23, 2025, from inside Crunch Fitness at
937 Shelburne Road, South Burlington.




 1

 Page 30 of 32
The advertisement violates:

CCB Rule 2.2.10(a):

 (a) All marketing, advertising, branding, packaging, and promotion must
 include the following warning exactly as it is below:

Cannabis has not been analyzed or approved by the Food and Drug Administration (FDA).
For use by individuals 21 years of age and older or registered qualifying patient only. KEEP
THIS PRODUCT AWAY FROM CHILDREN AND PETS. DO NOT USE IF
PREGNANT OR BREASTFEEDING.
Possession or use of cannabis may carry significant legal penalties in some jurisdictions and
under federal law. It may not be transported outside of the state of Vermont. The effects of
edible cannabis may be delayed by two hours or more. Cannabis may be habit forming
and can impair concentration, coordination, and judgment. Persons 25 years and younger
may be more likely to experience harm to the developing brain.
It is against the law to drive or operate machinery when under the influence of this product.
National Poison Control Center 1-800-222-1222.

7 V.S.A. § 864:

 (c) Cannabis establishments shall not advertise their products via any
 medium unless the licensee can show that not more than 15 percent of the
 audience is reasonably expected to be under 21 years of age.

 (e) All advertisements shall be submitted to the Board on a form or in a
 format prescribed by the Board, prior to the dissemination of the
 advertisement.

Cannabis establishments and their marketing staff should carefully review the
Board’s Advertising Guidance, as well as the statutes and rules to which that
guidance refers, available from ccb.vermont.gov/laws-rules-and-regulations.

Violating advertising laws or regulations is a Category III violation, the
presumptive penalty for which is a corrective action plan and/or an administrative
penalty of not more than $10,000 for a first violation, with enhanced penalties for
subsequent violations. CCB Rule 4.5.3(h).

Any violation of the CCB Rules may be subject to enforcement action by the Board.
CCB Rule 4.4.1. Not all notices of violation are preceded by a warning.




 2

 Page 31 of 32
Please avoid costly violations by coming immediately into compliance with these
requirements. If you have questions, please do not hesitate to contact us at
ccb.compliance@vermont.gov.




 3

 Page 32 of 32