Code of Vermont Rules › Agency 25 - CANNABIS CONTROL BOARD › Sub-Agency 000 - GENERAL › Chapter 002 - RULE 2: REGULATION OF CANNABIS ESTABLISHMENTS › Section 25 000 002 - Rule 2: Regulation of Cannabis Establishments

Current through June, 2024
2.
Rule  2: Regulation of Cannabis Establishments
Not every applicable prohibition, restriction, and requirement is contained in this rule. All Cannabis Establishments must abide by the prohibitions, restrictions, and requirements of Chapter 33, Title 7 of the Vermont Statutes. Cannabis Establishments must also abide by all other applicable laws, including but not limited to worker's compensation laws and tax laws.
Section 2.1 General Provisions.
2.1.1 Authority
The Cannabis Control Board adopts this rule pursuant to   7 V.S.A. §§
													865,  866,  881,  883,  884,  904,  907, and other applicable law.
2.1.2 Scope and Purpose
The Board is charged with implementing and regulating a legal market for Cannabis in Vermont. This rule regulates Cannabis Establishments and governs synthetic and hemp-derived cannabinoids.
2.1.3 Definitions
All definitions in   7 V.S.A. §
													861 shall apply to this rule. The following definitions shall also apply:
(a) "Adulterated" means that a product:
i. consists in whole or in part of any filthy, putrid, or decomposed substance;
ii. has been grown, produced, prepared, packed, or held under conditions whereby it may have been contaminated or otherwise rendered injurious to health;
iii. has been packed or held in a container composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
iv. falls outside of action levels or established tolerances specified in Board testing guidance;
v. does not have the strength, quality, purity, ingredients, or composition represented or expected or consistent with its labeling; or
vi. contains any additive or substance that may increase the potency, toxicity, carcinogenicity, or addictive potential of the product, or that otherwise may present an enhanced risk to human health.
(b) "Board designee" means a person designated by the Board to act as its agent for the purpose of executing the Board's responsibilities. This may be an employee of the Board, another government agency, or a contractor.
(c) "Clone" means a plant section from a cannabis plant not yet root-bound, which is capable of developing into a new plant.
(d) "Distillate" means a concentrate where a segment of cannabinoids from an initial extraction are segregated through heating and cooling, with all impurities removed.
(e) "Full spectrum" means a cannabis concentrate product or infused product that is:
i. derived from a cannabis concentrate;
ii. contains cannabinoids, aromatics, essential vitamins and minerals, fatty acids, protein, flavonoids, and terpenes; and
iii. has not been reformulated or has not had cannabinoid isolates or distillates added to it.
(f) "Greenhouse" means a structure or a thermally isolated area of a building that maintains a specialized sunlit environment exclusively for, and essential to, the cultivation or maintenance of Cannabis plants and that is in use for a period of 180 days or more each calendar year.
(g) "Harvest lot" means cannabis grown in the same manner. To meet the criteria for a single harvest lot, the given lot of cannabis would need to be on the same flowering, fertilizer, and pesticide application schedule. A single harvest lot may contain one or multiple cultivars of cannabis.
(h) "Home occupancy business" means a business operated on the premises of an individual's home or property where the individual is domiciled.
(i) "Indoor cultivation" means growing Cannabis using artificial lighting.
(j) "Interest holder" has the same meaning as defined in   11A V.S.A. §
													11.01(11).
(k) "Inventory Tracking System" means a method implemented by the Board for tracing all Cannabis and Cannabis Products grown, manufactured, and sold in Vermont.
(l) "Isolate" means a cannabis concentrate that is more than 98 percent comprised of a single cannabinoid compound created by a chemical process.
(m) "Licensee" means a person who has been issued a license pursuant to Board Rule  1. A licensee does not include a person who has been issued a prequalification approval.
(n) "Outdoor cultivation" means growing Cannabis in a manner that does not use artificial lighting, provided that outdoor cultivators may use the minimum amount of artificial lighting necessary to keep photoperiod plants in a vegetative state. Artificial lighting for outdoor cultivation must not extend beyond May 1st in a calendar or past when the specific cultivar can sustain vegetative growth under natural sunlight, whichever comes first.
(o) "Pesticide" shall have the same meaning as "economic poison" as defined in   6 V.S.A. §
													911(5).
(p) "Physical site of operations" means:
i. a cultivator's grow site;
ii. a wholesaler's product storage facility;
iii. a manufacturer's site of manufacture;
iv. a retailer's store location; or
v. a testing laboratory's testing facility.
(q) "Plastic" means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.
(r) "Process lot" means whole or partial harvest lots that follow different paths toward market or diverted into waste. For example, a single harvest lot would be broken into two process lots if half was sold fresh frozen to a manufacturer, and half was dried, cured, and sold as bulk flower to a retailer.
(s) "Tincture" means a solvent, such as alcohol or glycerin, infused with cannabis. A tincture may include additional plant material. Tinctures may be sold in any volume but the total milligrams of tetrahydrocannabinol per container must not exceed 1,200mg.
Any time this rule references a retail Cannabis Establishment or otherwise references retail stores, such references shall include the retail portion of an integrated licensee unless the text of the rule plainly states that it does not.
2.1.4 Applicability
This rule applies to any entity that has been licensed pursuant to Rule  1   of the Board's rules.
2.1.5 Time
(a) In computing any time period, measured in days, that is established or allowed by this rule or by order of the Board or Chair:
(1) the day of the act or event that triggers the period shall be excluded;
(2) every day, including intermediate Saturdays, Sundays, and legal holidays shall be counted;
(3) the last day of the period shall be counted, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
(b) A "legal holiday" means:
(1) any day declared a holiday by the President or Congress of the United States; and
(2) any day declared a holiday by the State of Vermont.
2.1.6 Severability
If any portion of this rule is found to be invalid, the remaining portion of the rule shall remain in force and effect.