Code of Vermont Rules › Agency 28 - DEPARTMENT OF PUBLIC SAFETY › Sub-Agency 000 - GENERAL › Chapter 003 - THERAPEUTIC USE OF CANNABIS › Section 28 000 003 - THERAPEUTIC USE OF CANNABIS

Current through June, 2024
Section 1
				Definitions
As used in these rules the terms specified in this section
				  shall have the following meanings:
1.1
				"Appeal" means a request for review of a decision made by the Department
				pursuant to Section 13 of these rules.
1.2 "Bona fide health care
				professional-patient relationship" means a treating or consulting relationship
				of not less than six months duration, in the course of which a health care
				professional has completed a full assessment of the registered patient's
				medical history and current medical condition, including a personal physical
				examination. The six month requirement shall not apply if a patient has been
				diagnosed with:
(A) A terminal
				illness,
(B) cancer with distant
				metastases, or
(C) acquired immune
				deficiency syndrome.
1.3
				"Cannabis" shall mean the Cannabis plant and any part of the plant that are
				defined in Sections 1.12 and 1.16.
1.4 "Cardholder" means a person currently
				registered with the Vermont Marijuana Registry as a patient, caregiver,
				principal officer, board member, or employee.
1.5 "Clone" means a plant section from a
				female marijuana plant not yet root-bound, growing in a water solution, which
				is capable of developing into a new plant.
1.6 "Criminal history record" means all
				information documenting an individual's contact with the criminal justice
				system, including data regarding identification, arrest or citation,
				arraignment, judicial disposition, custody, and supervision.
1.7 "Debilitating medical condition,"
				provided that, in the context of the specific disease or condition described in
				section (A) or (B), reasonable medical efforts have been made over a reasonable
				amount of time without success to relieve the symptoms, means:
(A) cancer, multiple sclerosis, positive
				status for human immunodeficiency virus, acquired immune deficiency syndrome,
				or the treatment of these conditions, if the disease or the treatment results
				in severe, persistent, and intractable symptoms; or
(B) a disease, medical condition, or its
				treatment that is chronic, debilitating, and produces severe, persistent, and
				one or more of the following intractable symptoms: cachexia or wasting
				syndrome; severe pain; severe nausea; or seizures.
1.8 "Department" means the Vermont Department
				of Public Safety.
1.9 "Dispensary"
				means a nonprofit entity registered under
				18 V.S.A. §
											4474e which acquires, possesses, cultivates,
				manufactures, transfers, transports, supplies, sells, or dispenses marijuana,
				marijuana-infused products, and marijuana-related supplies and educational
				materials for or to a registered patient who has designated it as his or her
				center and to his or her registered caregiver for the registered patient's use
				for symptom relief. A registered dispensary may provide marijuana for symptom
				relief to registered patients at only one facility or location but may have a
				second location associated with the dispensary where the marijuana is
				cultivated or processed. Both locations are considered part of the same
				dispensary.
1.10 "Government
				employee" means a person employed by the State of Vermont or its political
				subdivisions.
1.11 "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 who has a special license endorsement authorizing the
				individual to prescribe, dispense, and administer prescription medicines to the
				extent that a diagnosis provided by a naturopath under this chapter is within
				the scope of his or her practice, 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.
(A) Except for naturopaths, this definition
				includes individuals who are professionally licensed under substantially
				equivalent provisions in New Hampshire, Massachusetts, or New York.
1.12 "Hemp" shall have the same
				meaning as defined in
				6 V.S.A. §
											562.
1.13 "Hemp-infused product" means a product
				permeated with hemp that is intended for use of consumption other than by
				smoking, including but not limited to oil, solvents, ointments, tinctures, and
				edible or potable products.
1.14
				"Immature marijuana plant" means a female marijuana plant that has not flowered
				and which does not have buds that may be observed by visual
				examination.
1.15 "Locked
				container" means a secure enclosed container equipped with a padlock, key lock,
				combination lock or similar locking device that only permits access to the
				cardholder.
1.16 "Marijuana" shall
				have the same meaning as defined in
				18 V.S.A. §
											4201.
1.17 "Marijuana-infused product" means a
				product permeated with marijuana intended for use or consumption other than by
				smoking, including but not limited to oils, solvents, ointments, tinctures, and
				edible or potable products.
1.18
				"Marijuana-related supplies" shall include pipes, vaporizers, and other items
				classified as drug paraphernalia under 18 V.S.A. Chapter 89.
1.19 "Mature marijuana plant" means a female
				marijuana plant that has flowered and which has buds that may be observed by
				visual examination.
1.20 "Ounce"
				means a unit of weight equaling 28 grams for the purpose of these
				rules.
1.21 "Possession limit"
				means the amount of marijuana, including the attributed weight of marijuana
				used in marijuana-infused products:
(A)
				Allowed to be collectively possessed between the registered patient and the
				patient's registered caregiver, which is no more than two mature marijuana
				plants, seven immature plants, and two ounces of usable marijuana;
(B) Allowed to be possessed by a registered
				dispensary, which is no more than 28 mature marijuana plants, 98 immature
				plants, and 28 ounces of usable marijuana;
(C) If a registered dispensary is designated
				by more than 14 registered patients; the dispensary is allowed to possess no
				more than two mature marijuana plants, seven immature marijuana plants and four
				ounces of usable marijuana for each currently registered patient that has
				designated that specific dispensary.
1.22 "Recent or sudden onset" means a length
				of time of six months or less.
1.23
				"Registered caregiver" means a person who is at least 21 years of age, has met
				eligibility requirements as determined by the Department in accordance with
				these rules, and who has agreed to undertake responsibility for managing the
				well-being of a registered patient with respect to the use of marijuana for
				symptom relief. A registered caregiver shall be a resident of Vermont and shall
				not be a currently registered patient.
1.24 "Registered patient" means a resident of
				Vermont who has been issued a registration card by the Department of Public
				Safety identifying the person as having a debilitating medical condition as
				defined by these rules. "Resident of Vermont" means a person whose domicile is
				Vermont.
1.25 "Secure indoor
				facility" means a building or room equipped with locks or other security
				devices that only permits the cardholder access.
1.26 "Terminal illness" means
a. medical prognosis that limits an
				individual's life expectancy to less than six months.
1.27 "Transport" means the movement of
				marijuana or marijuana-infused products from registered growing locations to
				their associated dispensaries, between dispensaries, to registered patients and
				caregivers in accordance with delivery protocols, or as otherwise authorized by
				these rules. Transport shall only occur within the State of Vermont.
1.28 "Usable marijuana" means the dried
				leaves and flowers of marijuana, and any mixture or preparation thereof, and
				does not include the seeds, stalks, and roots of the plant.
1.29 "Use for symptom relief means the
				acquisition, possession, cultivation, use, transfer, or transportation of
				marijuana or paraphernalia relating to the administration of marijuana to
				alleviate the symptoms or effects of a registered patient's debilitating
				medical condition which is in compliance with all the limitations and
				restrictions contained in these rules.
1.30 "Violent felony" means a listed crime as
				defined in
				13 V.S.A. §
											5301 or an offense involving sexual
				exploitation of children in violation of 13 V.S.A. Chapter 64.
1.31 "V.S.A" means Vermont Statutes Annotated
				as defined in 1 V.S.A. Chapter 1.