Overview
Act 164 (2020) is Vermont’s new taxation and regulation law, enacted on October 7, 2020. Governor Phil Scott (R) allowed the bill to become law without his signature and a long list of concerns about racial justice and equitability and accessibility for BIPOC, small businesses, and farms for legislators to revisit in 2021. Vermont had already legalized cannabis in 2018 when Governor Phil Scott signed Act 86, allowing adults 21 and older to possess up to one ounce of flower, five grams of concentrates, and grow two mature and four immature plants per household, all without establishing a legal marketplace. Act 164 now seeks to create an adult-use marketplace in Vermont with retail shops, cultivation licenses, and much more.
Quick Facts
Bill S.54 is now Act 164 (2020).
Act 164 (2020) was enacted on October 7, 2020.
Adults 21 and older in Vermont may possess up to one ounce at a time.
Dispensaries may open adult-use retail locations and begin to sell cannabis and cannabis-related products on May 1, 2022.
Adults 21 and older will be able to buy up to one ounce of cannabis flower, or one ounce equivalent in cannabis-related products, at a time.
There is no public consumption or lounges, yet.
Vermont has a first-in-the-nation 30% THC cap on flowers and a 60% THC cap on concentrates which will likely drastically impact product selection.
Frequently Asked Questions
Though Act 164 is now law, there are multiple effective dates for implementation and a fully operational adult-use marketplace is years away. Below are some commonly asked questions consumers may have about the new Vermont taxation and regulation law.
-
On May 1, 2022, state-licensed medical dispensaries may begin selling cannabis flowers to adults 21 and older using the integrated license offered to them in Act 164. Note, Act 164 includes a 30% THC cap on flower production, making Vermont the first state in the nation with such restrictions. A 30% cap on flower production will bring uncertainty to cultivators and limit market options for consumers.
-
On May 1, 2022, state-licensed medical dispensaries may begin selling edibles and concentrates to adults 21 and older using the integrated license offered to them in Act 164. Note, Act 164 includes a 60% cap on concentrates, making Vermont the first state in the nation with such restrictions. A 60% cap on concentrates will bring uncertainty to processors, product makers, and limit market options for consumers.
-
Under Act 164, a retailer may provide up to one ounce of cannabis, or the equivalent in cannabis products, in a single transaction. Purchase limits are the same between Vermont residents and non-residents.
Further, Act 164 limits edibles to 50 milligrams of THC per package, and serving sizes are limited to 5 milligrams of THC.
-
Vermont's current legalized possession limits were established in 2018, under Act 86, allowing adults 21 and older to possess up to 1 ounce of flowers and 5 grams of concentrates. Act 164 does not include any language for possession limits for adults.
Separately, Act 167, which also passed in 2020, decriminalizes up to 2 ounces of flowers and 10 grams of concentrates for adults 21 and older. Act 167 states the first offense shall be imprisonment for not more than six months or fined not more than $500.00, or both.
-
Cannabis consumption in Vermont remains indoors, on private property, and cannot be consumed in public unless specifically authorized by law by that locality. Special event and lounge licenses for on-site consumption are left up to the Cannabis Control Board to determine.
-
Under Act 164, cannabis and cannabis related-products must be independently-tested for purity and potency before being sold on the market. As with many states, product testing information must be available to the consumer at purchase.