Vermont Legislative Cannabis Roundup: January 2022

MONTPELIER — In a busy first few days of the 2022 Vermont legislative session, a number of new cannabis and drug decriminalization bills were introduced in both the House and the Senate.

The Vermont Cannabis Control Board presented licensing fee updates to the House Committee on Ways and Means, and both listened to and rigorously reviewed many long hours of public testimony on its first two proposed rules.

This work led to the creation of H.701, the bill that sets licensing fees for cannabis establishments, which was read for the third time in the House and passed yesterday.

The Control Board also released its January 15 report to the General Assembly, which made several key recommendations on online ordering and delivery, additional license types, display and sale of cannabis-related paraphernalia and more.

In our chronological roundup below, we’ve included notable bills, testimonies and other important developments from last month.

In a hurry? Browse the highlights, marked with a star ⭐️

Look for a monthly legislative roundup from Heady Vermont through the rest of the session, and coverage of bigger developments as they happen. We’ve also linked summary pages for each of bills so that you can check out the language for yourself.

Tuesday, January 4

Bills were read for the first time in the Senate, and were then referred to various committees. Here’s the Senate Journal for January 4  (cannabis bills introduced: S.152, S.154, S.185, S.186 and S. 188).

The House voted to postpone bill introductions until January 7.

Thursday, January 6

House Ways and Means heard an update on the Cannabis Control Board’s fee proposal.

• BRYNN HARE
  • Cannabis Control Board Updated Fee Proposal, January 6, 2022
  • Cannabis Control Board December 2021 Memo to House Appropriations
• ⭐️ Cannabis Control Board testimony to the Committee on Ways and Means

Friday, January 7

Bills were read for the first time in the House, and were then referred to various committees. Here’s the House Journal for January 7  (cannabis bill introduced: H.502).

Tuesday, January 11

H.548 An act relating to miscellaneous cannabis establishment procedures

• Read for the first time and referred to the House Committee on Judiciary. House Journal

Wednesday January 12

⭐️ House Ways and Means heard an update on the Cannabis Control Board’s fee proposal.

• BRYNN HARE
  • Cannabis Control Board Updated Fee Proposal, Jan 12, 2022
• GRAHAM CAMPBELL
  • Cannabis Taxes and Fees (INCLUDES PROPOSAL C)

S.188: An act relating to regulating licensed small cannabis cultivation as farming

• Senate Committee on Agriculture heard from Sen. Dick Sears, Bennington County
  • S.188: As Introduced

Thursday, January 13

⭐️ Vermont Cannabis Control Board Update for Senate Finance

• BRYNN HARE
  • Vermont Cannabis Control Board Report
  • FY 2022 Budget Adjustment Request
    ⭐️ Highlights: The Board is now preparing to open the window to the first cannabis business license applicants in April, and is requesting 11 additional staff members, to be onboarded by May 2022.
• GRAHAM CAMPBELL
  • Vermont Cannabis Control Board Report – Taxes and Fees
  • RELEVANT: These are updated taxable sales and tax revenue estimates from the Joint Fiscal Office
    ⭐️ Highlight: Updated revenue estimates for 2023-24
    • Downgrades to consumption estimates
    • Black market assumptions revised downward, as consumption data from other states reflected legal market consumption.
    • Population data updated to latest available forecasts, mostly revised upward.
    • Updated price information

S.152 – An act relating to the cannabis excise tax and local fees
S.154 – An act relating to cannabis excise tax revenue and the Vermont State Colleges
S.215 – An act relating to the cannabis wholesale gross receipts tax

Walk-through

• Anthea Dexter-Cooper, Legislative Counsel, Office of Legislative Counsel

Friday, January 14

S.215 – An act relating to the cannabis wholesale gross receipts tax; Senate Finance Committee

• Senator Richard Westman, Sponsor

Saturday, January 15

⭐️ Vermont Cannabis Control Board January 15 Report to the General Assembly

Sunday, January 16

⭐️ January 2022 Consensus Revenue Forecast Released 

• January 2022 Consensus Revenue Forecast. This report is regularly prepared for the State of Vermont Emergency Board and Legislative Joint Fiscal Office.
• Highlights: Cannabis tax revenues are included in the Economic Review and Revenue Forecast for the first time.
  • It is expected to yield at least $3.9M in GF revenues starting in FY23, with growth to $8.5M in FY24 and $11.1 in FY25. In addition to this, the Education Fund sales tax revenues from Cannabis should yield at least another $2.4M in FY23, $5.2M in FY24 and $6.8M in FY25.
  • There is considerable uncertainty regarding revenue yields from Cannabis, as comparable state experience is highly variable and demand during the pandemic has soared, but may not be permanent.

Wednesday, January 19

H.701 in the House Ways and Means Committee.

• ANTHEA DEXTER-COOPER
  • ⭐️ Cannibis Fees, Summary Chart
  • DR 22-0546, Draft 2.1, 1-14-2022

S.188 in the Senate Agriculture Committee.

• DICK SEARS, JR.
  • S.188: As Introduced
• MICHAEL O’GRADY
  • Suggested Amendment Language, 1-18-2022
• MICHELE CHILDS
  • S.188: Draft 1.1, 1-19-2022

Thursday, January 20

H.701: An act relating to cannabis license fees House Ways and Means

• BRYNN HARE
  • DR 22-0546, Draft 2.1, 1-14-2022

Friday, January 21

⭐️ S.188 in the Senate Committee on Agriculture. Witness Testimony

Tuesday, January 25

Wednesday, January 26

H.548  Walk-through and testimony in House Judiciary Committee

• H.548: Written Testimony Jill Sudhoff-Guerin, Vermont Medical Society
• H.548: Agency of Agriculture, Food and Markets Decision Regarding Delta 8 Cary Giguere

H.701 House Committee on Ways and Means

potential vote

Thursday, January 27

⭐️ S.188 – Discussion in Senate Committee on Agriculture 

Friday, January 28

H.701 License Fees: Bill Introduced in House by Committee on Ways and Means
House bill, entitled An act relating to cannabis license fees was read, and pursuant to House Rule 48, placed on the Notice Calendar. House Journal

⭐️ H.548  Testimony in House Judiciary

• House Judiciary H.548 discussion on YouTube
• NICHOLAS SCHUERMANN, executive director for Vermont NORML
  • H.548: Written Testimony – Vermont NORML
  • Testimony on YouTube (starts at 10:10)
• DAVE SILBERMAN
  • H.548: Letter- Support and Suggestions

• S.152 – An act relating to the cannabis excise tax and local fees Introduction
  • Senator Jeanette K. White, Sponsor
    • S.152: As Introduced
• S.154 – An act relating to cannabis excise tax revenue and the Vermont State Colleges Introduction
  • Senator Philip Baruth, Sponsor
    • S.154: As Introduced
• S.215 – An act relating to the cannabis wholesale gross receipts tax Discussion
  • Brynn Hare, Executive Director, Cannabis Control Board
  • Craig Bolio, Commissioner, VT Department of Taxes

H.309 – An act relating to decriminalizing certain chemical compounds found in plants and fungi that are commonly used for medicinal, spiritual, religious, or entheogenic purposes

H.644 in the House Committee on Judiciary

• House Judiciary H.644 discussion on YouTube
• MELISSA STORY
  • H.644: Written Testimony

Update on Rules 1 & 2

The public notice and comment period for Rules 1 and 2 has now closed. They have been filed with the Legislative Committee on Administrative Rules, and will be reviewed there soon.

The final proposed versions of the rules, incorporating changes made by the Board through the comment process, may be found on their website. The CCB is now actively soliciting comment on rules 3 (medical cannabis) and 4 (compliance and enforcement).

Pro Tip: Search committee meeting history by subject keyword ‘cannabis’ on the Legislature’s website to see recent committee discussions.

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