reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 908. Testing laboratory license

§ 908. Testing laboratory license
(a) A testing laboratory licensed under this chapter may acquire, possess, analyze, test, and transport cannabis and cannabis products obtained from a licensed cannabis establishment, dispensary, or a member of the public.
(b) Testing may address the following:
(1) residual solvents;
(2) poisons or toxins;
(3) harmful chemicals;
(4) dangerous molds, mildew, or filth;
(5) harmful microbials, such as E. coli or salmonella;
(6) pesticides; and
(7) tetrahydrocannabinol and cannabidiol potency.
(c) A testing laboratory shall have a written procedural manual made available to employees to follow meeting the minimum standards set forth in rules detailing the performance of all methods employed by the facility used to test the analytes it reports.
(d) In accordance with rules adopted pursuant to this chapter, a testing laboratory shall establish a protocol for recording the chain of custody of all cannabis samples.
(e) A testing laboratory shall establish, monitor, and document the ongoing review of a quality assurance program that is sufficient to identify problems in the laboratory systems when they occur.
(f) A cannabis establishment that is subject to testing requirements under this chapter or rules adopted pursuant to this chapter shall have its cannabis or cannabis products tested by an independent licensed testing laboratory and not a licensed testing laboratory owned or controlled by the license holder of the cannabis establishment. (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 › § 909. Integrated license

§ 909. Integrated license
(a) An integrated license shall allow the licensee to engage in the activities of a cultivator, wholesaler, product manufacturer, retailer, and testing laboratory as provided in sections 904-908 of this title.
(b) An integrated license is only available to an applicant and its affiliates that hold a dispensary registration on April 1, 2022. There shall be not more than five total integrated licenses, one for each registered dispensary. Upon compliance with all application procedures and requirements, the Board shall issue an integrated license to the applicant. The licensee shall have the right to renew the license in accordance with rules adopted by the Board.
(c) An integrated licensee shall comply with the provisions of subsection 908(f) of this title and have its cannabis or cannabis products tested by an independent licensed testing laboratory. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 158 (Adj. Sess.), § 18, eff. May 31, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 33 - Cannabis Establishments › § 911. Fee waiver and reduction; social equity applicants

§ 911. Fee waiver and reduction; social equity applicants
The Cannabis Control Board may, in its discretion and pursuant to adopted rule or readily accessible policy, or both, reduce or waive cannabis establishment application and licensing fees for social equity applicants as defined by the Board, including individuals from communities that historically have been disproportionately impacted by cannabis prohibition and individuals directly and personally impacted by cannabis prohibition. (Added 2021, No. 86 (Adj. Sess.), § 7, eff. March 25, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 35 - Medical Cannabis Registry › § 951. Definitions

§ 951. Definitions
As used in this chapter:
(1) “Board” means the Cannabis Control Board.
(2) “Cannabis” has the same meaning as provided in section 831 of this title.
(3) “Cannabis product” has the same meaning as provided in section 831 of this title.
(4) “Dispensary” means a business organization licensed pursuant to chapter 37 of this title or 18 V.S.A. chapter 86.
(5)(A) “Health care professional” means an individual licensed to practice medicine under 26 V.S.A. chapter 23 or 33, an individual licensed as a naturopathic physician under 26 V.S.A. chapter 81, an individual certified as a physician assistant under 26 V.S.A. chapter 31, or an individual licensed as an advanced practice registered nurse under 26 V.S.A. chapter 28.
(B) This definition includes individuals who are professionally licensed under substantially equivalent provisions in New Hampshire, Massachusetts, or New York.
(6) “Immature cannabis plant” means a female cannabis plant that has not flowered and that does not have buds that may be observed by visual examination.
(7) “Mature cannabis plant” means a female cannabis plant that has flowered and that has buds that may be observed by visual examination.
(8) “Qualifying medical condition” means:
(A) cancer, multiple sclerosis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, glaucoma, Crohn’s disease, Parkinson’s disease, post-traumatic stress disorder, or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms; or
(B) a disease or medical condition or its treatment that is chronic, debilitating, and produces one or more of the following intractable symptoms: cachexia or wasting syndrome, chronic pain, severe nausea, or seizures.
(9) “Registry” means the Vermont Medical Cannabis Registry. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022; amended 2023, No. 65, § 17, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 35 - Medical Cannabis Registry › § 952. Registry

§ 952. Registry
(a) The Board shall establish and manage the Vermont Medical Cannabis Registry for the purpose of allowing persons with qualifying medical conditions and their caregivers to obtain privileges regarding cannabis and cannabis product possession, use, cultivation, and purchase.
(b) A person who is a registered patient or a registered caregiver on behalf of a patient may:
(1) Cultivate not more than six mature and 12 immature cannabis plants. Any cannabis harvested from the plants shall not count toward the two-ounce possession limit in subdivision (2) of this subsection, provided it is stored in an indoor facility on the property where the cannabis was cultivated and reasonable precautions are taken to prevent unauthorized access to the cannabis.
(2) Possess not more than two ounces of cannabis.
(3) Purchase cannabis and cannabis products at a licensed medical cannabis dispensary. Pursuant to chapter 37 of this title, a dispensary may offer goods and services that are not permitted at a cannabis establishment licensed pursuant to chapter 33 of this title.
(c)(1) Individual names and identifying information about patients and caregivers on the Registry are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. Notwithstanding 1 V.S.A. § 317(e), the Public Records Act exemption created in this subsection shall continue in effect and shall not be repealed through operation of 1 V.S.A. § 317(e).
(2) In response to a person-specific or property-specific inquiry by a law enforcement officer or agency made in the course of a bona fide investigation or prosecution, the Board may verify the identities and registered property addresses of the registered patient and the patient’s registered caregiver. The law enforcement officer or agency shall keep confidential any identities and addresses received pursuant to this subdivision.
(d) The Board shall establish an application process through rulemaking. The Board shall approve or deny the application for registration in writing within 30 days from receipt of a completed registration application. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022; amended 2023, No. 65, § 17, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 35 - Medical Cannabis Registry › § 953. Patients

§ 953. Patients
(a) Pursuant to rules adopted by the Board, a person may register with the Board to obtain the benefits of the Registry as provided in section 952 of this title.
(b) An application by a person under 18 years of age shall be signed by both the applicant and the applicant’s parent or guardian. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 35 - Medical Cannabis Registry › § 954. Caregivers

§ 954. Caregivers
(a) Pursuant to rules adopted by the Board, a person may register with the Board as a caregiver of a registered patient to obtain the benefits of the Registry as provided in section 952 of this title.
(b) The Board shall conduct a name and date of birth Vermont criminal conviction record background check and obtain information from the Child Protection Registry maintained by the Department for Children and Families and from the Vulnerable Adult Abuse, Neglect, and Exploitation Registry maintained by the Department of Disabilities, Aging, and Independent Living (collectively, the Registries) for any person who applies to be a caregiver.
(c) The Board shall adopt rules that set forth standards for determining whether an applicant should be denied a caregiver card because of the applicant’s criminal history record or status on either Registry.
(d)(1) Except as provided in subdivision (2) of this subsection, a caregiver may serve not more than two patients at a time, and a patient shall have only one registered caregiver at a time. A patient may serve as a caregiver for one other patient.
(2) A patient who is under 18 years of age may have two caregivers. Additional caregivers shall be at the discretion of the Board.
(e) Medicaid funds shall not be used to support a caregiver in the cultivation or distribution of cannabis on behalf of a patient. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022; amended 2023, No. 65, § 17, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 35 - Medical Cannabis Registry › § 955. Registration; fees

§ 955. Registration; fees
(a) A registration card shall expire one year after the date of issuance for patients with a qualifying medical condition of chronic pain and the caregivers who serve those patients. For all other patients and the caregivers who serve those patients, a registration card shall expire three years after the date of issuance. A patient or caregiver may renew the card according to protocols adopted by the Board.
(b) The Board shall charge and collect a $50.00 registration and renewal fee for patients and caregivers. Fees shall be deposited in the Cannabis Regulation Fund as provided in section 845 of this title. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. March 1, 2022; amended 2021, No. 86 (Adj. Sess.), § 8, eff. March 25, 2022; 2023, No. 65, § 17, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 35 - Medical Cannabis Registry › § 956. Rulemaking

§ 956. Rulemaking
The Board shall adopt rules for the administration of this chapter. (Added 2019, No. 164 (Adj. Sess.), § 9, eff. June 1, 2021; amended 2023, No. 65, § 17, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 37 - Medical Cannabis Dispensaries › § 971. Intent; purpose

§ 971. Intent; purpose
(a) It is the intent of the General Assembly to provide a well-regulated system of licensed medical cannabis dispensaries for the purpose of providing cannabis, cannabis products, and related services to patients and caregivers who are registered on the Medical Cannabis Registry pursuant to chapter 35 of this title. Vermont first authorized dispensaries in 2011, and it is the intent of the General Assembly that dispensaries continue to provide unique goods and services to registered patients and caregivers for therapeutic purposes in a market that also allows cannabis establishments licensed pursuant to chapter 33 of this title.
(b) A dispensary licensed pursuant to this chapter may engage in practices that are not permitted for a cannabis establishment. As such, a dispensary may:
(1) be vertically integrated under one license;
(2) sell tax-free cannabis and cannabis products to patients and caregivers;
(3) deliver cannabis and cannabis products to patients and caregivers;
(4) allow patients and caregivers to purchase cannabis and cannabis products without leaving their vehicles;
(5) produce and sell cannabis and cannabis products that have a higher THC content than is permitted for a cannabis establishment;
(6) produce and sell cannabis products that may not otherwise be permitted for a cannabis establishment but that would be appropriate for use by a patient as determined by the Board through rulemaking; and
(7) sell larger quantities of cannabis and cannabis products than is permitted for a cannabis establishment. (Added 2019, No. 164 (Adj. Sess.), § 12, eff. March 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 37 - Medical Cannabis Dispensaries › § 972. Definitions

§ 972. Definitions
As used in this chapter:
(1) “Board” means the Cannabis Control Board.
(2) “Cannabis” has the same meaning as provided in section 831 of this title.
(3) “Cannabis product” has the same meaning as provided in section 831 of this title.
(4) “Dispensary” means a business organization licensed under this chapter or 18 V.S.A. chapter 86.
(5) “Registry” means the Vermont Medical Cannabis Registry. (Added 2019, No. 164 (Adj. Sess.), § 12, eff. March 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 37 - Medical Cannabis Dispensaries › § 973. Dispensary license

§ 973. Dispensary license
(a) A dispensary licensed pursuant to this chapter may:
(1) cultivate, package, label, test, and transport cannabis;
(2) produce, package, label, test, and transport cannabis products;
(3) sell and deliver cannabis and cannabis products to patients and caregivers registered under chapter 35 of this title;
(4) acquire, purchase, or borrow cannabis, cannabis products, and services from another licensed Vermont medical cannabis dispensary or give, sell, or lend cannabis, cannabis products, and services to another licensed Vermont medical cannabis dispensary; and
(5) purchase cannabis and cannabis products from a cannabis establishment licensed pursuant to chapter 33 of this title.
(b)(1) The following records shall be exempt from public inspection and copying under the Public Records Act and shall be confidential:
(A) any record in an application for a license relating to security, public safety, transportation, or trade secrets, including information provided in an operating plan pursuant to subdivision 881(a)(1)(B) of this title; and
(B) any licensee record relating to security, public safety, transportation, trade secrets, or employees.
(2) Notwithstanding 1 V.S.A. § 317(e), the Public Records Act exemption created in this subsection shall continue in effect and shall not be repealed through operation of 1 V.S.A. § 317(e). (Added 2019, No. 164 (Adj. Sess.), § 12, eff. March 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 37 - Medical Cannabis Dispensaries › § 975. Criminal background record checks; applicants

§ 975. Criminal background record checks; applicants
(a) The Board shall obtain from the Vermont Crime Information Center a copy of a license applicant’s fingerprint-based Vermont criminal history records, out-of-state criminal history records, and criminal history records from the Federal Bureau of Investigation.
(b) The Board shall adopt rules that set forth standards for determining whether an applicant should be denied a medical cannabis dispensary 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 a candidate. (Added 2019, No. 164 (Adj. Sess.), § 12, eff. March 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 37 - Medical Cannabis Dispensaries › § 976. Dispensary identification card

§ 976. Dispensary identification card
(a) Every owner, principal, and employee of a dispensary shall obtain an identification card issued by the Board.
(b)(1) Prior to issuing the identification card, the Board shall obtain from the Vermont Crime Information Center a copy of the person’s fingerprint-based Vermont criminal history records, out-of-state criminal history records, and criminal history records 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 medical cannabis dispensary 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 a candidate.
(c) Once an identification card application has been submitted, a person may serve as an employee of a dispensary 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 upon the expiration of the dispensary’s license, whichever occurs first. (Added 2019, No. 164 (Adj. Sess.), § 12, eff. March 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 37 - Medical Cannabis Dispensaries › § 977. Fees

§ 977. Fees
(a) The Board shall charge and collect the following fees for dispensaries:
(1) a one-time $2,500.00 application fee;
(2) a $20,000.00 registration fee for the first year of operation;
(3) an annual renewal fee of $25,000.00 for a subsequent year of operation; and
(4) an annual Registry identification or renewal card fee of $50.00 to be paid by the dispensary for each owner, principal, financier, and employee of the dispensary.
(b) Fees shall be deposited in the Cannabis Regulation Fund as provided in section 845 of this title. (Added 2019, No. 164 (Adj. Sess.), § 12, eff. March 1, 2022; amended 2021, No. 86 (Adj. Sess.), § 9, eff. March 25, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 37 - Medical Cannabis Dispensaries › § 978. Advertising

§ 978. Advertising
(a) “Advertise” and “advertisement” have the same meaning as in section 861 of this title.
(b) A dispensary 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) Dispensaries 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.
(f) The Board may charge and collect fees for review of advertisements. (Added 2021, No. 62, § 9, eff. March 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 37 - Medical Cannabis Dispensaries › § 979. Cultivation of cannabis; environmental and land use standards

§ 979. Cultivation of cannabis; environmental and land use standards
(a)(1) A dispensary shall not be regulated as “farming” under the Required Agricultural Practices, 6 V.S.A. chapter 215, or other State law, and cannabis produced from cultivation shall not be considered an agricultural product or agricultural crop for the purposes of 32 V.S.A. chapter 124, 32 V.S.A. § 9741, or other relevant State law.
(2) Notwithstanding subdivision (1) of this subsection, the cultivation of cannabis on agricultural land and the use of farm buildings to dry or process that cannabis shall not disqualify the land or buildings from the use value appraisal program or constitute “development” under 32 V.S.A. § 3752(5), provided that:
(A) the agricultural land or farm building is enrolled in the use value appraisal program at the time cannabis cultivation commences;
(B) the agricultural land or farm building is not transferred to another owner;
(C) the cultivation, drying, or processing of cannabis is done by a licensee on 1,000 square feet or less of agricultural land; and
(D) all other requirements under 32 V.S.A. chapter 124 continue to be met.
(b) The cultivation, processing, and manufacturing of cannabis regulated under this chapter shall comply with all applicable State, federal, and local environmental, energy, or public health law, unless otherwise provided under this chapter.
(c) A dispensary regulated under this chapter shall be subject to regulation under 24 V.S.A. chapter 117 as authorized by this chapter.
(d)(1) The cultivation, processing, and manufacturing of cannabis regulated under this chapter shall comply with the following sections of the Required Agricultural Practices:
(A) section 6, regarding conditions, restriction, and operating standards;
(B) section 8, regarding groundwater quality and groundwater quality investigations; and
(C) section 12, regarding subsurface tile drainage.
(2) Application of or compliance with the Required Agricultural Practices under subdivision (1) of this subsection shall not be construed to provide a presumption of compliance with or exemption to any applicable State, federal, and local environmental, energy, public health, or land use law required under subsections (b) and (c) of this section.
(e) Persons cultivating cannabis or handling pesticides for the purposes of the manufacture of cannabis products shall comply with the worker protection standard of 40 C.F.R. part 170. (Added 2019, No. 164 (Adj. Sess.), § 12, eff. March 1, 2022; amended 2021, No. 105 (Adj. Sess.), § 155, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 39 - Cannabis Social Equity Programs › § 986. Definitions

§ 986. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Commerce and Community Development.
(2) “Board” means the Cannabis Control Board. (Added 2021, No. 62, § 12, eff. June 7, 2021.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 39 - Cannabis Social Equity Programs › § 987. Cannabis Business Development Fund

§ 987. Cannabis Business Development Fund
(a) There is established the Cannabis Business Development Fund, which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5.
(b) The Fund shall comprise:
(1) a one-time contribution of $50,000.00 per integrated license to be made on or before October 15, 2022; and
(2) monies allocated to the fund by the General Assembly.
(c) The Fund shall be used for the following purposes:
(1) to provide low-interest rate loans and grants to social equity applicants to pay for ordinary and necessary expenses to start and operate a licensed cannabis establishment;
(2) to pay for outreach that may be provided or targeted to attract and support social equity applicants;
(3) to assist with job training and technical assistance for social equity applicants; and
(4) to pay for necessary costs incurred in administering the Fund.
(d) Amounts from loans that are repaid shall provide additional funding through the Fund. (Added 2021, No. 62, § 12, eff. June 7, 2021.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 39 - Cannabis Social Equity Programs › § 988. Social equity loans and grants

§ 988. Social equity loans and grants
The Agency of Commerce and Community Development shall establish a program using funds from the Cannabis Business Development Fund for the purpose of providing financial assistance, loans, grants, and outreach to social equity applicants. The Agency may procure by contract all or part of the necessary underwriting, execution, and administration services required for loans and grants to be made from the Cannabis Business Development Fund to eligible social equity applicants as allowed under this chapter. Should the Agency be unable to do so, the program shall not move forward until the General Assembly appropriates the operational resources necessary for the Agency to make loans and provide financial assistance to social equity applicants. (Added 2021, No. 62, § 12, eff. June 7, 2021.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 39 - Cannabis Social Equity Programs › § 989. Reporting

§ 989. Reporting
The Cannabis Control Board, in consultation with the Advisory Committee, the Agency of Commerce and Community Development, and the Executive Director of Racial Equity, shall report to the General Assembly on or before January 15, 2023 and biennially thereafter regarding the implementation and application of this chapter, including data on the number of applicants, the number of recipients, the number and amounts of loans and grants, and the identification of continuing barriers to accessing the cannabis market for social equity applicants. This information shall be presented in a manner that can be quantified and tracked over time. (Added 2021, No. 62, § 12, eff. June 7, 2021.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1001. Definitions

§ 1001. Definitions
As used in this chapter:
(1) “Board” means the Board of Liquor and Lottery.
(2) “Commissioner” means the Commissioner of Liquor and Lottery.
(3) “Tobacco products” means cigarettes, little cigars, roll-your-own tobacco, snuff, cigars, new smokeless tobacco, and other tobacco products as defined in 32 V.S.A. § 7702.
(4) “Vending machine” means any mechanical, electronic, or other similar device that dispenses tobacco products for money.
(5) “Tobacco license” means a license issued by the Division of Liquor Control under this chapter permitting the licensee to engage in the retail sale of tobacco products.
(6) “Bidis” or “Beedies” means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as bidis or beedies.
(7) “Tobacco paraphernalia” means any device used, intended for use, or designed for use in smoking, inhaling, ingesting, or otherwise introducing tobacco products into the human body, or for preparing tobacco for smoking, inhaling, ingesting, or otherwise introducing into the human body, including devices for holding tobacco, rolling paper, wraps, cigarette rolling machines, pipes, water pipes, carburetion devices, bongs, and hookahs.
(8) “Tobacco substitute” means products, including electronic cigarettes or other electronic or battery-powered devices, that contain or are designed to deliver nicotine or other substances into the body through the inhalation of vapor and that have not been approved by the U.S. Food and Drug Administration for tobacco cessation or other medical purposes. Cannabis products as defined in section 831 of this title or products that have been approved by the U.S. Food and Drug Administration for tobacco cessation or other medical purposes shall not be considered to be tobacco substitutes. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 1999, No. 89 (Adj. Sess.), § 1; 2007, No. 114 (Adj. Sess.), § 3; 2011, No. 166 (Adj. Sess.), § 2; 2013, No. 14, § 1; 2013, No. 135 (Adj. Sess.), § 6; 2017, No. 113 (Adj. Sess.), § 42; 2018, No. 1 (Sp. Sess.), § 82; 2019, No. 14, § 9, eff. April 30, 2019; 2019, No. 28, § 3, eff. May 23, 2019; 2023, No. 65, § 22, eff. June 14, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1002a. Licensee education

§ 1002a. Licensee education
(a) An applicant for a tobacco license that does not hold a liquor license issued under this title shall be granted a tobacco license pursuant to section 1002 of this title only after the applicant has attended a Division of Liquor Control in-person seminar or completed the appropriate Division of Liquor Control online training program for the purpose of being informed about the Vermont tobacco laws pertaining to the purchase, storage, and sale of tobacco products. A corporation, partnership, or association shall designate a director, partner, or manager to comply with the requirements of this subsection.
(b) The holder of a tobacco license that does not also hold a liquor license issued pursuant to this title for the same premises shall:
(1) Complete the Division’s in-person or online enforcement seminar at least once every two years. A corporation, partnership, or association shall designate a director, partner, or manager to comply with this subdivision.
(2) Ensure that every employee involved in the sale of tobacco products completes a Division of Liquor Control in-person or online training program or other training programs approved by the Division before the employee begins selling or providing tobacco products and at least once every 24 months thereafter. A licensee may comply with this subdivision by conducting its own training program on its premises using information and materials furnished by the Division of Liquor Control. A licensee that fails to comply with the requirements of this subsection shall be subject to suspension of its tobacco license for not less than one day or a fine of not more than $100.00, or both.
(3) Fees for Division of Liquor Control in-person and online seminars for tobacco only shall be $10.00 per person. (Added 2001, No. 147 (Adj. Sess.), § 2, eff. June 21, 2002; amended 2015, No. 149 (Adj. Sess.), § 42; 2017, No. 83, § 132; 2018, No. 1 (Sp. Sess.), § 84; 2019, No. 73, § 14.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1003. Sale of tobacco products; tobacco substitutes; tobacco paraphernalia; requirements; prohibitions

§ 1003. Sale of tobacco products; tobacco substitutes; tobacco paraphernalia; requirements; prohibitions
(a) A person shall not sell or provide tobacco products, tobacco substitutes, or tobacco paraphernalia to any person under 21 years of age.
(b) All vending machines selling tobacco products are prohibited.
(c)(1) Persons holding a tobacco license may only display or store tobacco products or tobacco substitutes:
(A) behind a sales counter or in any other area of the establishment that is inaccessible to the public; or
(B) in a locked container.
(2) This subsection shall not apply to the following:
(A) a display of tobacco products that is located in a commercial establishment in which by law no person under 21 years of age is permitted to enter at any time;
(B) cigarettes in unopened cartons and smokeless tobacco in unopened multipack containers of 10 or more packages, any of which shall be displayed in plain view and under the control of a responsible employee so that removal of the cartons or multipacks from the display can be readily observed by that employee; or
(C) cigars and pipe tobacco stored in a humidor on the sales counter in plain view and under the control of a responsible employee so that the removal of these products from the humidor can be readily observed by that employee.
(d) The sale and the purchase of bidis is prohibited. A person who holds a tobacco license who sells bidis as prohibited by this subsection shall be fined not more than $500.00. A person who purchases bidis from any source shall be fined not more than $250.00.
(e) No person holding a tobacco license shall sell cigarettes or little cigars individually or in packs that contain fewer than 20 cigarettes or little cigars.
(f) As used in this section, “little cigars” means any rolls of tobacco wrapped in leaf tobacco or any substance containing tobacco, other than any roll of tobacco that is a cigarette within the meaning of 32 V.S.A. § 7702(1), and as to which 1,000 units weigh not more than three pounds. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 1997, No. 58, § 3; 1999, No. 89 (Adj. Sess.), § 2; 2001, No. 108 (Adj. Sess.), § 1, eff. May 15, 2002; 2011, No. 166 (Adj. Sess.), § 1; 2013, No. 14, § 3; 2015, No. 108 (Adj. Sess.), § 1, eff. Jan. 1, 2017; 2017, No. 83, § 133; 2019, No. 27, § 2, eff. Sept. 1, 2019.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1004. Proof of age for the sale of tobacco products; tobacco substitutes; tobacco paraphernalia

§ 1004. Proof of age for the sale of tobacco products; tobacco substitutes; tobacco paraphernalia
(a) A person shall exhibit proper proof of his or her age upon demand of a person licensed under this chapter, an employee of a licensee, or a law enforcement officer. If the person fails to provide proper proof of age, the licensee shall be entitled to refuse to sell tobacco products, tobacco substitutes, or tobacco paraphernalia to the person. The sale or furnishing of tobacco products, tobacco substitutes, or tobacco paraphernalia to a person exhibiting proper proof of age shall be prima facie evidence of a licensee’s compliance with section 1007 of this title.
(b) As used in this section, “proper proof of age” means a valid authorized form of identification as defined in section 589 of this title. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 1997, No. 58, § 4; 2013, No. 14, § 4; 2017, No. 83, § 134.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1005. Persons under 21 years of age; possession of tobacco products; misrepresenting age or purchasing tobacco products; penalty

§ 1005. Persons under 21 years of age; possession of tobacco products; misrepresenting age or purchasing tobacco products; penalty
(a)(1) A person under 21 years of age shall not possess, purchase, or attempt to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia unless:
(A) the person is an employee of a holder of a tobacco license and is in possession of tobacco products, tobacco substitutes, or tobacco paraphernalia to effect a sale in the course of employment; or
(B) the person is in possession of tobacco products or tobacco paraphernalia in connection with Indigenous cultural tobacco practices.
(2) A person under 21 years of age shall not misrepresent his or her age to purchase or attempt to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia.
(b) A person who possesses tobacco products, tobacco substitutes, or tobacco paraphernalia in violation of subsection (a) of this section shall be subject to having the tobacco products, tobacco substitutes, or tobacco paraphernalia immediately confiscated and shall be further subject to a civil penalty of $25.00. An action under this subsection shall be brought in the same manner as a traffic violation pursuant to 23 V.S.A. chapter 24.
(c) A person under 21 years of age who misrepresents his or her age by presenting false identification to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia shall be fined not more than $50.00 or provide up to 10 hours of community service, or both. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 1997, No. 58, § 5; 1997, No. 121 (Adj. Sess.), § 26; 2013, No. 14, § 5; 2015, No. 147 (Adj. Sess.), § 10, eff. May 31, 2016; 2017, No. 83, § 135; 2019, No. 27, § 3, eff. Sept. 1, 2019; 2023, No. 46, § 30, eff. June 5, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1006. Posting of signs

§ 1006. Posting of signs
(a) A person licensed under this chapter shall post in a conspicuous place on the premises identified in the tobacco license a warning sign stating that the sale of tobacco products, tobacco substitutes, and tobacco paraphernalia to persons under 21 years of age is prohibited. The Board shall prepare the sign and make it available with the license forms issued under this chapter. The sign may include information about the health effects of tobacco and tobacco cessation services. The Board, in consultation with a representative of the licensees when appropriate, is authorized to change the design of the sign as needed to maintain its effectiveness.
(b) A person violating this section shall be guilty of a misdemeanor and fined not more than $100.00. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 2011, No. 166 (Adj. Sess.), § 3; 2017, No. 83, § 136; 2019, No. 27, § 4, eff. Sept. 1, 2019.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1007. Furnishing tobacco to persons under 21 years of age; report

§ 1007. Furnishing tobacco to persons under 21 years of age; report
(a) A person that sells or furnishes tobacco products, tobacco substitutes, or tobacco paraphernalia to a person under 21 years of age shall be subject to a civil penalty of not more than $100.00 for the first offense and not more than $500.00 for any subsequent offense. An action under this section shall be brought in the same manner as for a traffic violation pursuant to 23 V.S.A. chapter 24 and shall be brought within 24 hours of the occurrence of the alleged violation.
(b)(1) The Division of Liquor Control shall conduct or contract for compliance tests of tobacco licensees as frequently and as comprehensively as necessary to ensure consistent statewide compliance with the prohibition on sales to persons under 21 years of age of at least 90 percent for buyers who are between 17 and 20 years of age. An individual under 21 years of age participating in a compliance test shall not be in violation of section 1005 of this title.
(2) Any violation by a tobacco licensee of subsection 1003(a) of this title and this section after a sale violation or during a compliance test conducted within six months of a previous violation shall be considered a multiple violation and shall result in the minimum license suspension in addition to any other penalties available under this title. Minimum license suspensions for multiple violations shall be assessed as follows:
(A) two violations two weekdays;
(B) three violations 15-day suspension;
(C) four violations 90-day suspension;
(D) five violations one-year suspension.
(3) The Division shall report to the House Committee on General, Housing, and Military Affairs, the Senate Committee on Economic Development, Housing and General Affairs, and the Tobacco Evaluation and Review Board annually, on or before January 15, the methodology and results of compliance tests conducted during the previous year. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the required report to be made under this subdivision. (Added 1991, No. 70, § 2; amended 1997, No. 58, § 6; 2013, No. 14, § 6; 2015, No. 131 (Adj. Sess.), § 2; 2017, No. 83, § 137; 2018, No. 1 (Sp. Sess.), § 85; 2019, No. 27, § 5, eff. Sept. 1, 2019; 2019, No. 73, § 16.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1008. Rulemaking

§ 1008. Rulemaking
The Board of Liquor and Lottery shall adopt rules for the administration and enforcement of this chapter. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 2017, No. 83, § 138; 2018, No. 1 (Sp. Sess.), § 86.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1009. Contraband and seizure

§ 1009. Contraband and seizure
(a) Any cigarettes or other tobacco products that have been sold, offered for sale, or possessed for sale in violation of section 1003 of this title, 20 V.S.A. § 2757, 32 V.S.A. § 7786, or 33 V.S.A. § 1919, and any commercial cigarette rolling machines possessed or utilized in violation of section 1011 of this title, shall be deemed contraband and shall be subject to seizure by the Commissioner, the Commissioner’s agents or employees, the Commissioner of Taxes or any agent or employee of the Commissioner of Taxes, or by any law enforcement officer of this State when directed to do so by the Commissioner. All cigarettes or other tobacco products seized shall be destroyed.
(b)(1) Any person in possession of property considered contraband under this section shall be fined not more than $1,000.00 nor less than $500.00.
(2) Any vehicle, aircraft or watercraft, or other conveyance in which property considered contraband under this section is found may be seized and subject to forfeiture and condemnation pursuant to sections 570 and 572-574 of this title. (Added 2003, No. 14, § 6; amended 2005, No. 68, § 2; 2011, No. 166 (Adj. Sess.), § 7; 2017, No. 83, § 139; 2019, No. 73, § 17.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1010. Internet sales

§ 1010. Internet sales
(a) As used in this section:
(1) “Cigarette” has the same meaning as in 32 V.S.A. § 7702(1).
(2) [Repealed.]
(3) “Licensed wholesale dealer” has the same meaning as in 32 V.S.A. § 7702(5).
(4) “Little cigars” has the same meaning as in 32 V.S.A. § 7702(6).
(5) “Retail dealer” has the same meaning as in 32 V.S.A. § 7702(10).
(6) “Roll-your-own tobacco” has the same meaning as in 32 V.S.A. § 7702(11).
(7) “Snuff” has the same meaning as in 32 V.S.A. § 7702(13).
(b) No person shall cause cigarettes, roll-your-own tobacco, little cigars, snuff, tobacco substitutes, substances containing nicotine or otherwise intended for use with a tobacco substitute, or tobacco paraphernalia, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network, to be shipped to anyone other than a licensed wholesale dealer or retail dealer in this State.
(c) No person shall, with knowledge or reason to know of the violation, provide substantial assistance to a person in violation of this section.
(d) A violation of this section is punishable as follows:
(1) A knowing or intentional violation of this section shall be punishable by imprisonment for not more than five years or a fine of not more than $5,000.00, or both.
(2) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a person has violated this section, the Attorney General may impose a civil penalty in an amount not to exceed $5,000.00 for each violation. For purposes of this subsection, each shipment or transport of cigarettes, roll-your-own tobacco, little cigars, or snuff shall constitute a separate violation.
(3) The Attorney General may seek an injunction to restrain a threatened or actual violation of this section.
(4) In any action brought pursuant to this section, the State shall be entitled to recover the costs of investigation, of expert witness fees, and of the action, and reasonable attorney’s fees.
(5) A person who violates this section engages in an unfair and deceptive trade practice in violation of the State’s Consumer Protection Act, 9 V.S.A. §§ 2451 et seq.
(6) If a court determines that a person has violated the provisions of this section, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the General Fund.
(7) Unless otherwise expressly provided, the penalties or remedies, or both, under this section are in addition to any other penalties and remedies available under any other law of this State. (Added 2007, No. 119 (Adj. Sess.), § 1; amended 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b; 2013, No. 14, § 7; 2017, No. 83, § 140; 2019, No. 22, § 2.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1011. Commercial cigarette rolling machines

§ 1011. Commercial cigarette rolling machines
(a) A person shall not possess or use a cigarette rolling machine for commercial purposes.
(b) A person who knowingly violates subsection (a) of this section shall be subject to the following civil penalties:
(1) The revocation or termination of any license, permit, appointment, or commission under this chapter.
(2) A civil penalty of up to $50,000.00 in any action brought by the Department of Taxes, the Division of Liquor Control, or the Attorney General.
(c) Penalties assessed under subsection (b) of this section shall be paid into the General Fund.
(d) A person who violates subsection (a) of this section shall be imprisoned for not more than three years or fined not more than $100,000.00, or both.
(e) This section shall not apply to the possession of a cigarette rolling machine intended solely for personal use by individuals who do not intend to offer the resulting product for resale.
(f) A cigarette rolling machine capable of rolling 200 cigarettes in fewer than 15 minutes shall be presumed to be for commercial purposes. (Added 2011, No. 166 (Adj. Sess.), § 6; amended 2017, No. 83, § 141; 2018, No. 1 (Sp. Sess.), § 87.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 40 - Tobacco Products › § 1012. Liquid nicotine; packaging

§ 1012. Liquid nicotine; packaging
(a) Unless specifically preempted by federal law, no person shall manufacture, regardless of location, for sale in; offer for sale in; sell in or into the stream of commerce in; or otherwise introduce into the stream of commerce in Vermont:
(1) any liquid or gel substance containing nicotine unless that product is contained in child-resistant packaging; or
(2) any nicotine liquid container unless that container constitutes child-resistant packaging.
(b) As used in this section:
(1) “Child-resistant packaging” means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance in the container within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all children under five years of age cannot open or obtain a toxic or harmful amount of the substance in the container within a reasonable time.
(2) “Nicotine liquid container” means a bottle or other container of a nicotine liquid or other substance containing nicotine that is sold, marketed, or intended for use in a tobacco substitute. The term does not include a container containing nicotine in a cartridge that is sold, marketed, or intended for use in a tobacco substitute if the cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer. (Added 2013, No. 135 (Adj. Sess.), § 8, eff. Jan. 1, 2015; amended 2017, No. 83, § 142.)