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2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 753. Cancellation of franchise

§ 753. Cancellation of franchise
(a) The terms of a franchise between the certificate of approval holder or manufacturer and the wholesale dealer shall govern the right to cancel, terminate, refuse to continue, or to cause a wholesale dealer to relinquish a franchise.
(b) In the absence of a provision in a written franchise agreement to the contrary, the certificate of approval holder or manufacturer may cancel, terminate, refuse to continue, or cause the wholesale dealer to relinquish the franchise for good cause as provided pursuant to section 754 of this subchapter.
(c) In the absence of a provision in a written franchise agreement to the contrary, the certificate of approval holder or manufacturer may cancel, terminate, refuse to continue, or cause the wholesale dealer to relinquish the franchise for no cause as provided pursuant to section 755 of this subchapter. (Added 2017, No. 145 (Adj. Sess.), § 5, eff. Jan. 1, 2019; amended 2017, No. 145 (Adj. Sess.), § 8, eff. July. 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 754. Cancellation for good cause; notice; rectification

§ 754. Cancellation for good cause; notice; rectification
(a)(1) Except as otherwise provided pursuant to section 753 of this subchapter and subsection (d) of this section, a certificate of approval holder or manufacturer that wishes to terminate or cancel a franchise for good cause shall provide the franchisee with at least 120 days’ written notice of the intent to terminate or cancel the franchise.
(2) The notice shall state the causes and reasons for the intended termination or cancellation.
(b) A franchisee shall have 120 days in which to rectify any claimed deficiency.
(c) The Superior Court, upon petition and after providing both parties with notice and opportunity for a hearing, shall determine whether good cause exists to allow termination or cancellation of the franchise.
(d) The notice provisions of subsection (a) of this section may be waived if the reason for termination or cancellation is insolvency, the occurrence of an assignment for the benefit of creditors, bankruptcy, or if the certificate of approval holder or manufacturer is able to prove to the court that providing the required notice would do irreparable harm to the marketing of its product. (Added 2017, No. 145 (Adj. Sess.), § 5, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 755. Cancellation for no cause; notice; compensation

§ 755. Cancellation for no cause; notice; compensation
Except as otherwise provided pursuant to section 753 of this subchapter, a certificate of approval holder or manufacturer that wishes to terminate or cancel a franchise for no cause shall:
(1) Provide the franchisee with written notice of the intent to cancel or terminate the franchise at least 30 days before the date on which the franchise shall terminate.
(2) On or before the date the franchise shall be canceled or terminated, pay, or have paid on its behalf by a designated wholesale dealer, compensation, as defined pursuant to section 752 of this subchapter, for the franchisee’s interest in the franchise. The compensation shall be the wholesale dealer’s sole and exclusive remedy for any termination or cancellation pursuant to this section. (Added 2017, No. 145 (Adj. Sess.), § 5, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 756. Sale or transfer by wholesale dealer

§ 756. Sale or transfer by wholesale dealer
(a)(1) In the absence of a provision of the franchise to the contrary, a wholesale dealer wishing to sell or otherwise transfer its interests in a franchise shall give at least 90 days’ written notice of the proposed sale or transfer to the certificate of approval holder or manufacturer.
(2) The notice of intended sale or transfer shall give the full name and address of the proposed transferee, along with full details outlining the qualifications of the proposed transferee that, in the opinion of the wholesale dealer, make the proposed transferee competent to operate the franchise.
(b) If the certificate of approval holder or manufacturer opposes the proposed sale or transfer to the proposed transferee, the certificate of approval holder or manufacturer may either:
(1) prevent the proposed sale or transfer from occurring by paying compensation for the wholesale dealer’s interest in the franchise in the same manner as if the franchise were being terminated for no cause pursuant to section 755 of this subchapter; or
(2) not less than 60 days before the date of the proposed sale or transfer, file a petition with the Superior Court that clearly states the certificate of approval holder’s or manufacturer’s reasons for resisting the proposed sale or transfer.
(c)(1) Upon receipt of a petition pursuant to subdivision (b)(2) of this section, the Superior Court shall hold a hearing on the proposed transfer or sale. The court shall make a full inquiry into the qualifications of the proposed transferee and shall determine whether or not the proposed transferee is in a position to continue substantially the operations of the franchise, to assume the obligations of the franchise holder, and to conduct the business in a manner that will protect the legitimate interests of the certificate of approval holder or manufacturer.
(2) If the Superior Court finds the proposed transferee is qualified to operate the franchise, it shall approve the transfer of the franchise to the proposed transferee.
(d) The provisions of subsections (b) and (c) of this section shall not apply to the sale or transfer of a franchise to the spouse, child, grandchild, sibling, parent, foster child, child-in-law, sibling-in-law, niece, or nephew of the owner of the wholesale dealer. (Added 2017, No. 145 (Adj. Sess.), § 5, eff. Jan. 1, 2019; amended 2017, No. 145 (Adj. Sess.), § 9, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 757. Merger of franchisor

§ 757. Merger of franchisor
In the absence of a provision of the franchise to the contrary, the merger of a certificate of approval holder or manufacturer with a third party shall not void the franchise unless good cause is shown pursuant to section 754 of this subchapter, or the franchise is terminated pursuant to section 755 of this subchapter. (Added 2017, No. 145 (Adj. Sess.), § 5, eff. Jan. 1, 2019.; amended 2017, No. 145 (Adj. Sess.), § 10, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 758. Heirs, successors, and assigns

§ 758. Heirs, successors, and assigns
In the absence of a provision of the franchise to the contrary, the provisions of this subchapter shall apply to the heirs, successors, and assigns of any party to a franchise that is subject to this subchapter. (Added 2017, No. 145 (Adj. Sess.), § 5, eff. Jan. 1, 2019; amended 2017, No. 145 (Adj. Sess.), § 11, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 759. Written agreement

§ 759. Written agreement
All franchises entered into pursuant to this subchapter shall be in writing. (Added 2017, No. 145 (Adj. Sess.), § 6, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 831. Definitions

§ 831. Definitions
As used in this chapter:
(1) “Board” means the Cannabis Control Board.
(2)(A) “Cannabis” means all parts of the plant Cannabis sativa L., except as provided by subdivision (B) of this subdivision (2), whether growing or harvested, and includes:
(i) the seeds of the plant;
(ii) the resin extracted from any part of the plant; and
(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
(B) “Cannabis” does not include:
(i) the mature stalks of the plant and fiber produced from the stalks;
(ii) oil or cake made from the seeds of the plant;
(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
(iv) the sterilized seed of the plant that is incapable of germination; or
(v) hemp or hemp products, as defined in 6 V.S.A. § 562.
(3) “Cannabis product” means concentrated cannabis and a product that is composed of cannabis and other ingredients and is intended for use or consumption, including an edible product, ointment, and tincture. Cannabis product shall include a vaporizer cartridge containing cannabis oil that is intended for use with a battery-powered device and any device designed to deliver cannabis into the body through inhalation of vapor that is sold at a cannabis establishment licensed pursuant to chapter 33 of this title. “Cannabis product” does not mean a “tobacco product” as defined in 32 V.S.A. § 7702, a “tobacco substitute” as defined in section 1001 of this title, or “tobacco paraphernalia” as defined in section 1001 of this title.
(4) “Chair” means the Chair of the Cannabis Control Board.
(5) “Criminal history record” shall have the same meaning as in 20 V.S.A. § 2056a(a).
(6) “Public place” means any street, alley, park, sidewalk, public building other than individual dwellings, any place of public accommodation as defined in 9 V.S.A. § 4501, and any place where the use or possession of a lighted tobacco product, tobacco product, or tobacco substitute is prohibited by law pursuant to 18 V.S.A. chapter 37. (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020; amended 2023, No. 65, § 23a, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 832. Cannabis possessed unlawfully subject to seizure and forfeiture

§ 832. Cannabis possessed unlawfully subject to seizure and forfeiture
Cannabis possessed unlawfully in violation of this title may be seized by law enforcement and is subject to forfeiture. (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 833. Consumption of cannabis in a public place

§ 833. Consumption of cannabis in a public place
No person shall consume cannabis in a public place unless specifically authorized by law. Violations shall be punished in accordance with 18 V.S.A. § 4230a. (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 841. Cannabis Control Board; appointment

§ 841. Cannabis Control Board; appointment
(a) When a vacancy occurs on the Cannabis Control Board, the Governor shall make a public announcement about the vacancy. The Governor shall submit at least five names of potential candidates per vacancy to the Cannabis Control Board Nominating Committee for review.
(b) The Committee shall review the candidates to determine which candidates are well-qualified for appointment to the Board and shall recommend those candidates to the Governor. The names of candidates shall be confidential.
(c) The Governor shall appoint, with the advice and consent of the Senate, a chair and two members of the Board from the list of well-qualified candidates sent to the Governor by the Committee. (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020; repealed on July 1, 2024 by 2019, No. 164 (Adj. Sess.), § 6e(1).)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 844. Authority for criminal background checks

§ 844. Authority for criminal background checks
The Board shall establish a user agreement with the Vermont Crime Information Center in accordance with 20 V.S.A. chapter 117 for the purpose of obtaining Vermont criminal history records, out-of-state criminal history records, and criminal history records from the Federal Bureau of Investigation as required by chapters 33 (cannabis establishments) and 37 (medical cannabis dispensaries) of this title. (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 845. Cannabis Regulation Fund

§ 845. Cannabis Regulation Fund
(a) There is established the Cannabis Regulation Fund, which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. The Fund shall be maintained by the Cannabis Control Board.
[Subsection (b) effective until July 1, 2025; see also subsection (b) effective July 1, 2025 set out below.]
(b) The Fund shall be composed of:
(1) all State application fees, annual license fees, renewal fees, and civil penalties collected by the Board pursuant to chapters 33 (cannabis establishments) and 37 (medical cannabis dispensaries) of this title;
(2) all annual and renewal fees collected by the Board pursuant to chapter 35 (medical cannabis registry) of this title; and
(3) all cannabis excise tax revenue raised pursuant to 32 V.S.A. § 7902.
[Subsection (b) effective July 1, 2025; see also subsection (b) effective until July 1, 2025 set out above.]
(b) The Fund shall be composed of:
(1) all State application fees, annual license fees, renewal fees, and civil penalties collected by the Board pursuant to chapters 33 (cannabis establishments) and 37 (medical cannabis dispensaries) of this title;
(2) all annual and renewal fees collected by the Board pursuant to chapter 35 (medical cannabis registry) of this title; and
(3) [Repealed.]
(c) Monies from the Fund shall only be appropriated for the purposes of implementation, administration, and enforcement of this chapter and chapters 33, 35, and 37 of this title.
[Subsection (d) effective until July 1, 2025; see also subsection (d) effective July 1, 2025 set out below.]
(d) The Commissioner of Finance and Management shall do the following not later than July 31 each year:
(1) transfer the unexpended and unobligated balance of the Cannabis Regulation Fund to the General Fund at the close of the prior fiscal year; and
(2) report the amount of the transfer made pursuant to subdivision (1) of this subsection to the Joint Fiscal Committee.
[Subsection (d) effective July 1, 2025; see also subsection (d) effective until July 1, 2025 set out above.]
(d) [Repealed.] (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020; amended 2021, No. 185 (Adj. Sess.), § E.240.1, eff. July 1, 2023; 2021, No. 185 (Adj. Sess.), § E.240.5, eff. July 1, 2025; 2023, No. 65, § 3, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 845. Cannabis regulation fund [Effective July 1, 2025]

§ 845. Cannabis regulation fund [Effective July 1, 2025]
(a) There is established the Cannabis Regulation Fund, which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. The Fund shall be maintained by the Cannabis Control Board.
(b) The Fund shall be composed of:
(1) all State application fees, annual license fees, renewal fees, and civil penalties collected by the Board pursuant to chapters 33 (cannabis establishments) and 37 (medical cannabis dispensaries) of this title; and
(2) all annual and renewal fees collected by the Board pursuant to chapter 35 (medical cannabis registry) of this title.
(3) [Repealed.]
(c) Monies from the Fund shall only be appropriated for the purposes of implementation, administration, and enforcement of this chapter and chapters 33, 35, and 37 of this title.
(d) [Repealed.] (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020; amended 2021, No. 185 (Adj. Sess.), § E.240.1, eff. July 1, 2023; 2021, No. 185 (Adj. Sess.), § E.240.5, eff. July 1, 2025; 2023, No. 65, § 3, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 846. Fees; authority

§ 846. Fees; authority
(a) Authority. The Board shall have the authority to charge and collect State and local license fees as provided under this chapter and chapters 33, 35, and 37 of this title. State and local license fees shall be due and payable at the time of application or renewal.
(b) Cannabis Regulation Fund. The Board shall deposit State fees collected pursuant to chapters 33, 35, and 37 of this title into the Cannabis Regulation Fund.
(c) Distribution to municipalities. After reduction for costs of administration and collection, the Board shall pay local license fees on a quarterly basis to the municipality for which the fees were collected. (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020; amended 2021, No. 86 (Adj. Sess.), § 1, eff. March 25, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 31 - Cannabis › § 847. Appeals

§ 847. Appeals
(a)(1) A party aggrieved by a final decision of the Board may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the Executive Director who shall assign the case to an appellate officer.
(2)(A) The review shall be conducted on the basis of the record created before the Board.
(B) In cases of alleged irregularities in procedure before the Board not shown in the record, proof on that issue may be taken by the appellate officer.
(b) The appellate officer shall not substitute his or her judgment for that of the Board as to the weight of the evidence on questions of fact. The appellate officer may affirm the decision or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the Board’s finding, inferences, conclusions, or decisions are:
(1) in violation of constitutional or statutory provisions;
(2) in excess of the statutory authority of the Board;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) clearly erroneous in view of the evidence on the record as a whole;
(6) arbitrary or capricious; or
(7) characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(c) A party aggrieved by a decision of the appellate officer may appeal to the Supreme Court, which shall review the matter on the basis of the records created before the Board.
(d) The Board shall have the authority to contract for the services of an appellate officer. (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 862. Not applicable to hemp or therapeutic use of cannabis

§ 862. Not applicable to hemp or therapeutic use of cannabis
This chapter applies to the regulation of cannabis establishments by the Board and shall not apply to activities regulated by 6 V.S.A. chapter 34 (hemp), 18 V.S.A. chapter 86 (therapeutic use of cannabis), or chapters 35 (Medical Cannabis Registry) and 37 (cannabis medical dispensaries) of this title. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 862a. Synthetic and hemp-derived cannabinoids

§ 862a. Synthetic and hemp-derived cannabinoids
The Board shall have the authority to regulate synthetic cannabinoids and hemp-derived cannabinoids, including delta-8 and delta-10 tetrahydrocannabinol. (Added 2021, No. 158 (Adj. Sess.), § 10, eff. May 31, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 864. Advertising

§ 864. Advertising
(a) “Advertise” and “advertisement” have the same meaning as in section 861 of this title.
(b) A cannabis establishment advertisement shall not contain any statement or illustration that:
(1) is deceptive, false, or misleading;
(2) promotes overconsumption;
(3) represents that the use of cannabis has curative effects;
(4) offers a prize, award, or inducement for purchasing cannabis or a cannabis product, except that price discounts are allowed;
(5) offers free samples of cannabis or cannabis products;
(6) depicts a person under 21 years of age consuming cannabis or cannabis products; or
(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.
(d) All advertisements shall contain health warnings adopted by rule by the Board in consultation with the Department of Health.
(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. The Board may:
(1) require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the Board determines that the advertisement would be false or misleading without such a disclosure; or
(2) require changes that are necessary to protect the public health, safety, and welfare or consistent with dispensing information for the product under review. (Added 2021, No. 62, § 6, eff. June 7, 2021.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 865. Education

§ 865. Education
(a) A licensee shall complete an enforcement seminar every three years conducted by the Board. A license shall not be renewed unless the records of the Board show that the licensee has complied with the terms of this subsection.
(b) A licensee shall ensure that each employee involved in the sale of cannabis or cannabis products to the public completes a training program approved by the Board prior to selling cannabis or cannabis products and at least once every 24 months thereafter. The training shall include information about the health effects of the use of cannabis and cannabis products. A licensee shall keep a written record of the type and date of training for each employee, which shall be signed by each employee. A licensee may comply with this requirement by conducting its own training program on its premises, using information and materials furnished by the Board. A licensee who fails to comply with the requirements of this section shall be subject to a suspension of not less than one day of the license issued under this chapter. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 866. Youth

§ 866. Youth
(a) A cannabis establishment licensed pursuant to this chapter shall not dispense or sell cannabis to a person under 21 years of age or employ a person under 21 years of age. The Board may assess civil penalties against or suspend or revoke the license of a cannabis establishment that dispenses or sells cannabis or cannabis products to a person under 21 years of age.
(b) A cannabis establishment shall not permit a person under 21 years of age to enter a building or enclosure on the premises where cannabis is located. This subsection shall not apply to a registered patient visiting a dispensary even if that dispensary is located in a building that is located on the same premises of a cannabis establishment.
(c) The Board, in consultation with the Department of Health, shall adopt rules in accordance with section 881 of this title to:
(1) prohibit cannabis products or the packaging of such products that are designed to make the product more appealing to persons under 21 years of age;
(2) prohibit the packaging of cannabis and cannabis products that is designed to make the product more appealing to persons under 21 years of age;
(3) require that cannabis products sold by licensed retailers and integrated licensees are contained in child-resistant packaging; and
(4) require that cannabis and cannabis products sold by licensed retailers and integrated licensees are packaged with labels that clearly indicate that the contents of the package contain cannabis and should be kept away from persons under 21 years of age.
(d) In accordance with section 864 of this title, advertising by a cannabis establishment shall not depict a person under 21 years of age consuming cannabis or cannabis products or be designed to be or have the effect of being particularly appealing to persons under 21 years of age. 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. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 62, § 7, eff. June 7, 2021.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 867. Standard symbol for cannabis

§ 867. Standard symbol for cannabis
The Board shall create a standard symbol that shall be used on all cannabis and cannabis products sold by a licensed cannabis retailer to indicate that the contents of a package contain cannabis. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 868. Prohibited products

§ 868. Prohibited products
(a) The following are prohibited products and may not be cultivated, produced, or sold pursuant to a license issued under this chapter:
(1) cannabis flower with greater than 30 percent tetrahydrocannabinol;
(2) flavored oil cannabis products sold prepackaged for use with battery- powered devices and any cannabis flower that contains characterizing flavor that is not naturally occurring in the cannabis;
(3) cannabis products that contain delta-9 tetrahydrocannabinol and nicotine or alcoholic beverages; and
(4) any cannabis, cannabis products, or packaging of such items that are designed to make the product more appealing to persons under 21 years of age.
(b)(1) Except as provided by subdivision (2) of this subsection, solid and liquid concentrate cannabis products with greater than 60 percent tetrahydrocannabinol may be produced by a licensee and sold to another licensee in accordance with subchapter 3 of this chapter but shall not be sold to the public by a licensed retailer or integrated licensee.
(2) Liquid concentrate cannabis products with greater than 60 percent tetrahydrocannabinol that are prepackaged for use with battery-powered devices shall be permitted to be sold to the public by a licensed retailer or integrated licensee. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 158 (Adj. Sess.), § 11, eff. May 31, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 882. Suspension and revocation of licenses; civil penalties

§ 882. Suspension and revocation of licenses; civil penalties
(a) The Board shall have the authority to suspend or revoke a cannabis establishment license for violations of this chapter in accordance with rules adopted pursuant to this chapter.
(b) The Board shall have authority to issue civil citations for violations of this chapter in accordance with rules adopted pursuant to this chapter. Any proposed rule under this section shall include the full, minimum, and waiver penalty amounts for each violation. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 883. Criminal background record checks; applicants

§ 883. Criminal background record checks; applicants
(a) The Board shall obtain from the Vermont Crime Information Center a copy of a fingerprint-based Vermont criminal history records, out-of-state criminal history records, and criminal history records from the Federal Bureau of Investigation for each license applicant, principal of an applicant, and person who controls an applicant who is a natural person.
(b) The Board shall adopt rules that set forth standards for determining whether an applicant should be denied a cannabis establishment license because of his or her criminal history record based on factors that demonstrate whether the applicant presently poses a threat to public safety or the proper functioning of the regulated market. Nonviolent drug offenses shall not automatically disqualify an applicant.
(c) Notwithstanding subsection (a) of this section, the Board may accept third-party criminal background checks submitted by an applicant for a cannabis establishment license or renewal in lieu of obtaining the records from the Vermont Crime Information Center a copy of the person’s Vermont fingerprint-based criminal history records, out-of-state criminal history records, and criminal history records from the Federal Bureau of Investigation. Any such third-party background check shall:
(1) be conducted by a third-party consumer reporting agency or background screening company that is in compliance with the federal Fair Credit Reporting Act; and
(2) include a multistate and multi-jurisdiction criminal record locator. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 158 (Adj. Sess.), § 13, eff. May 31, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 884. Cannabis establishment identification card

§ 884. Cannabis establishment identification card
(a) Every owner, principal, and employee of a cannabis establishment shall obtain an identification card issued by the Board. A person may apply for an identification card prior to obtaining employment with a licensee. An employee identification card shall authorize the person to work for any licensee.
(b)(1)(A) Prior to issuing the identification card to an owner or principal of a cannabis establishment, the Board shall obtain from the Vermont Crime Information Center a copy of the person’s Vermont fingerprint-based criminal history records, out-of-state criminal history records, and criminal history records from the Federal Bureau of Investigation.
(B) Prior to issuing the identification card to an employee of a cannabis establishment, the Board shall obtain a copy of a fingerprint-based identity history summary record from the Federal Bureau of Investigation.
(2) The Board shall adopt rules that set forth standards for determining whether a person should be denied a cannabis establishment identification card because of his or her criminal history record based on factors that demonstrate whether the applicant presently poses a threat to public safety or the proper functioning of the regulated market. Nonviolent drug offenses shall not automatically disqualify an applicant.
(c) Once an identification card application has been submitted, a person may serve as an employee of a cannabis establishment pending the background check, provided the person is supervised in his or her duties by someone who is a cardholder. The Board shall issue a temporary permit to the person for this purpose, which shall expire upon the issuance of the identification card or disqualification of the person in accordance with this section.
(d) An identification card shall expire one year after its issuance or, in the case of owners and principals, upon the expiration of the cannabis establishment’s license, whichever occurs first. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 158 (Adj. Sess.), § 14, eff. May 31, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 885. Cannabis Quality Control Program; testing

§ 885. Cannabis Quality Control Program; testing
The Cannabis Control Board shall establish a cannabis quality control program for the following purposes:
(1) to develop potency and contaminant testing protocols for hemp, hemp-infused products, cannabis, and cannabis products;
(2) to verify cannabinoid label guarantees of hemp, hemp-infused products, cannabis, and cannabis products;
(3) to test for pesticides, solvents, heavy metals, mycotoxins, and bacterial and fungal contaminants in hemp, hemp-infused products, cannabis, and cannabis products; and
(4) to certify testing laboratories that can offer the services in subdivisions (2) and (3) of this section. (Added 2021, No. 158 (Adj. Sess.), § 4, eff. May 31, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 901a. Accessibility and confidentiality of licensing and disciplinary matters

§ 901a. Accessibility and confidentiality of licensing and disciplinary matters
(a) It is the purpose of this section to protect the reputation, security practices, and trade secrets of licensees from undue public disclosure while securing the public’s right to know of government licensing actions relevant to the public health, safety, and welfare.
(b) All meetings and hearings of the Board shall be subject to the Vermont Open Meeting Law.
(c) The following shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential:
(1) records related to licensee security, safety, transportation, or trade secrets, including information provided in an operating plan pursuant to subdivision 881(a)(1)(B) of this title; and
(2) records related to complaints, investigations, or proceedings, except as provided in subsection (d) of this section.
(d)(1) If a complaint or investigation results in formal action to revoke, suspend, condition, reprimand, warn, fine, or otherwise to penalize a licensee based on noncompliance with law or regulation, the case record, as defined by 3 V.S.A. § 809(e), shall be available for public inspection and copying under Vermont’s Public Records Act.
(2) The Board shall prepare and maintain an aggregated list of all closed investigations into misconduct or noncompliance from whatever source derived. The information contained in the list shall be available for public inspection and copying under Vermont’s Public Records Act. The list shall contain the date, nature, and outcome of each complaint. The list shall not contain the identity of the subject licensee unless formal action resulted, as described in subdivision (1) of this subsection.
(e) Notwithstanding 1 V.S.A. § 317(e), the Public Records Act exemption created in this section shall continue in effect and shall not be repealed through operation of 1 V.S.A. § 317(e). (Added 2023, No. 65, § 9, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 902. License qualifications and application process

§ 902. License qualifications and application process
(a) An applicant, principal of an applicant, and person who owns or controls an applicant, who is a natural person:
(1) shall be 21 years of age or older; and
(2) shall consent to the release of his or her criminal and administrative history records.
(b) As part of the application process, each applicant shall submit, in a format prescribed by the Board, an operating plan. The Board shall adopt rules regarding the required components of an application for each type of license.
(c) The Board shall obtain a fingerprint-based Vermont criminal history record, an out-of-state criminal history record, a criminal history record from the Federal Bureau of Investigation, and any regulatory records relating to the operation of a business in this State or any other jurisdiction for each of the following who is a natural person:
(1) the applicant;
(2) each proposed principal; and
(3) each individual who would control the business.
(d) An applicant who is denied a license may appeal the Board’s determination in accordance with section 847 of this title. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 903. Priorities; business and technical assistance

§ 903. Priorities; business and technical assistance
(a) The Board shall issue licenses pursuant to this chapter as determined according to a system of priorities adopted by rule by the Board. The system of priorities shall require consideration of criteria, including:
(1) whether the applicants have an existing medical cannabis dispensary license in good standing;
(2) whether the applicants would foster social justice and equity in the cannabis industry by being a minority or women-owned business;
(3) whether the applicants propose specific plans to recruit, hire, and implement a development ladder for minorities, women, or individuals who have historically been disproportionately impacted by cannabis prohibition;
(4) whether applicants propose specific plans to pay employees a living wage and offer benefits;
(5) whether the project incorporates principles of environmental resiliency or sustainability, including energy efficiency; and
(6) the geographic distribution of cannabis establishments based on population and market needs.
(b) The Agency of Commerce and Community Development, in collaboration with the Agency of Agriculture, Food and Markets, shall provide business and technical assistance to Vermont applicants with priority for services based on criteria adopted by the Board in accordance with subsection (a) of this section.
(c) On or before September 1, 2021, the Board shall begin working with the Department of Labor, Agency of Commerce and Community Development, the Department of Corrections, and the Director of Racial Equity to develop outreach, training, and employment programs focused on providing economic opportunities to individuals who historically have been disproportionately impacted by cannabis prohibition. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 105 (Adj. Sess.), § 154, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 904. Cultivator license

§ 904. Cultivator license
(a) A cultivator licensed under this chapter may:
(1) cultivate, process, package, label, transport, test, and sell cannabis to a licensed wholesaler, product manufacturer, retailer, integrated licensee, and dispensary;
(2) purchase and sell cannabis seeds and immature cannabis plants to another licensed cultivator and propagation cultivator; and
(3) possess and sell cannabis products to a licensed wholesaler, product manufacturer, retailer, integrated licensee, and dispensary.
(b) Cultivation of cannabis shall occur only:
(1) on property lawfully in possession of the cultivator or with the written consent of the person in lawful possession of the property; and
(2) in an area that is screened from public view and access is limited to the cultivator and persons 21 years of age or older who have permission from the cultivator.
(c) Representative samples of each lot or batch of cannabis intended for human consumption shall be tested for safety and potency in accordance with rules adopted by the Board.
(d) Each cultivator shall create packaging for its cannabis.
(1) Packaging shall include:
(A) The name and registration number of the cultivator.
(B) The strain and variety of cannabis contained.
(C) The potency of the cannabis represented by the amount of tetrahydrocannabinol and cannabidiol in milligrams total and per serving.
(D) A “produced on” date reflecting the date that the cultivator finished producing the cannabis.
(E) Appropriate warnings as prescribed by the Board in rule.
(F) Any additional requirements contained in rules adopted by the Board in accordance with this chapter. Rules shall take into consideration that different labeling requirements may be appropriate depending on whether the cannabis is sold to a wholesaler, product manufacturer, or retailer.
(2) Packaging shall not be designed to appeal to persons under 21 years of age.
(e)(1) Only unadulterated cannabis shall be offered for sale. If, upon inspection, the Board finds any violative pesticide residue or other contaminants of concern, the Board shall order the cannabis, either individually or in blocks, to be:
(A) put on stop-sale;
(B) treated in a particular manner; or
(C) destroyed according to the Board’s instructions.
(2) Cannabis ordered destroyed or placed on stop-sale shall be clearly separable from salable cannabis. Any order shall be confirmed in writing within seven days. The order shall include the reason for action, a description of the cannabis affected, and any recommended treatment.
(3) A person may appeal an order issued pursuant to this section within 15 days after receiving the order. The appeal shall be made in writing and in accordance with section 847 of this title and shall clearly identify the cannabis affected and the basis for the appeal. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 86 (Adj. Sess.), § 5, eff. March 25, 2022; 2021, No. 158 (Adj. Sess.), § 6, eff. May 31, 2022; 2023, No. 65, § 10, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 904a. Small cultivators

§ 904a. Small cultivators
(a) It is the intent of the General Assembly to move as much of the illegal cannabis market as possible into the regulated market for the purposes of consumer protection and public safety. It is also the intent of the General Assembly to encourage participation in the regulated cannabis market by small, local farmers. In furtherance of these goals, the Board shall consider policies to promote small cultivators as defined in section 861 of this title.
(b) The application for small cultivator licenses shall be prioritized over larger cultivation licenses during the initial application period.
(c) In accordance with subdivision 881(a)(2)(B) of this chapter, the Board shall consider the different needs and risks of small cultivators when adopting rules and shall make an exception or accommodation to such rules for cultivators of this size where appropriate, provided that the rules shall not provide for an exception or accommodation to the requirements of section 869 of this title.
(d) Upon licensing, a small cultivator may sell cannabis to a licensed dispensary at any time for sale to patients and caregivers pursuant to the dispensary license or to the public pursuant to an integrated license, including the time period before retail sales are permitted for licensed cannabis retailers. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 904b. Propagation cultivator license

§ 904b. Propagation cultivator license
(a) A propagation cultivator licensed under this section may:
(1) cultivate not more than 3,500 square feet of cannabis clones, immature cannabis plants, or mature cannabis plants;
(2) test, transport, and sell cannabis clones and immature cannabis plants to licensed cultivators; and
(3) test, transport, and sell cannabis seeds that meet the federal definition of hemp to a licensed cultivator or retailer or to the public.
(b) A licensed propagation cultivator shall not cultivate mature cannabis plants for the purpose of producing, harvesting, transferring, or selling cannabis flower for or to any person. (Added 2023, No. 65, § 11, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 905. Wholesaler license

§ 905. Wholesaler license
A wholesaler licensed under this chapter may:
(1) purchase cannabis and cannabis products from a licensed cannabis establishment;
(2) transport, process, package, and sell cannabis and cannabis products to a licensed cannabis establishment; and
(3) sell cannabis seeds or immature cannabis plants to a licensed cultivator. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 158 (Adj. Sess.), § 7, eff. May 31, 2022; 2023, No. 65, § 13, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 906. Product manufacturer license

§ 906. Product manufacturer license
A product manufacturer licensed under this chapter may:
(1) purchase cannabis and cannabis products from a licensed cannabis establishment;
(2) use cannabis and cannabis products to produce cannabis products; and
(3) transport, process, package, and sell cannabis products to a licensed cannabis establishment. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2023, No. 65, § 14, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 907. Retailer license

§ 907. Retailer license
(a) A retailer licensed under this chapter may:
(1) purchase cannabis and cannabis products from a licensed cannabis establishment; and
(2) transport, possess, package, and sell cannabis and cannabis products to the public for consumption off the registered premises or for cultivation.
(b) In a single transaction, a retailer may provide one ounce of cannabis or the equivalent in cannabis products, or a combination thereof, to a person 21 years of age or older upon verification of a valid government-issued photograph identification card.
(c)(1) Packaging shall include:
(A) the strain and variety of cannabis contained;
(B) the potency of the cannabis represented by the amount of tetrahydrocannabinol and cannabidiol in milligrams total and per serving;
(C) a “produced on” date reflecting the date that the cultivator finished producing the cannabis;
(D) appropriate warnings as prescribed by the Board in rule; and
(E) any additional requirements contained in rules adopted by the Board in accordance with this chapter.
(2) Packaging shall not be designed to appeal to persons under 21 years of age.
(d) A retailer shall display a safety information flyer at the point of purchase and offer a customer a copy of the flyer with each purchase. A retailer shall inform the customer that if the customer elects not to receive the flyer, the information contained in the flyer is available on the website for the Board. The flyer shall be developed by the Board in consultation with the Department of Health, posted on the Board’s website, and supplied to the retailer free of charge. At a minimum, the flyer or flyers shall contain information concerning the methods for administering cannabis, the amount of time it may take for cannabis products to take effect, the risks of driving under the influence of cannabis, the potential health risks of cannabis use, the symptoms of problematic usage, how to receive help for cannabis abuse, and a warning that cannabis possession is illegal under federal law.
(e) Delivery of cannabis to customers is prohibited. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 86 (Adj. Sess.), § 6, eff. March 25, 2022; 2021, No. 158 (Adj. Sess.), § 17, eff. May 31, 2022; 2023, No. 65, § 15, eff. June 14, 2023.)