Where Theres Smoke, Theres Fire: Vermonts Path Toward Legalization - PowerPoint PPT Presentation

March 20, 2018 Where There’s Smoke, There’s Fire: Vermont’s Path Toward Legalization By Daniel Crisp

Marijuana: A Snapshot of Vermont • Medical Marijuana • 5,313 Registered Patients and 624 Registered Caregivers as of December 18, 2017. • Almost 2,000 new patients since October 1, 2016. • Adult-Use Marijuana • Approximately 80,000 Vermonters are regular marijuana users. • Vermonters estimated to consume 15 and 25 metric tons on marijuana. • $125 mil to $225 mil a year spent on marijuana. • Tax revenues on Vermonters’ use could be $20 mil to $75 mil annually.

Vermont Medical Marijuana Law In 2004, the Vermont General Assembly passed “An Act • Relating to the Medical Use of Marijuana.” 2015 and 2017 revisions to the Act. • To be a registered medical marijuana patient requires: • Vermont Resident. • Bona-fide health care professional-patient relationship. • Diagnosed with a debilitating medical condition. • Application for registration. • Medical verification form. • Registered caregivers. • Restrictions. •

Vermont Care Facilities and Landlord/Tenant Laws Pre-July 1, 2018, Vermont laws did not address the use of • medical marijuana at care facilities or at rental properties. Many DAIL regulations pre-date Vermont’s medical • marijuana law. Residents’ Rights for Nursing Homes • Same rights as on CMS.gov. • Residents’ Rights for Residential Care Homes and Assisted • Living Residences.

Vermont Act 86 - Decriminalization Effective July 1, 2018 • Eliminates penalties for possession of less than one ounce of • marijuana and cultivation of two mature and four immature marijuana plants. Retains penalties for possession, dispensing and sale of • larger amounts of marijuana. Cannot be consumed in public places. • Parks • Schools • Restaurants • Places of Public Accommodation •

Vermont Act 86 – Important Provisions Landlords may ban possession or use of marijuana in a lease • agreement (18 V.S.A. § 4230a(b)(2)(E)). Employer is not required to permit or accommodate the use, • consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace (18 V.S.A. § 4230a(e)(1)). Employer may adopt a policy that prohibits the use of marijuana • in the workplace (18 V.S.A. § 4230a(e)(2)). Employee cannot sue an employer who discharges that employee • for violating a policy that restricts or prohibits the use of marijuana by employees (18 V.S.A. § 4230a(e)(3)). Each “dwelling unit” may have two mature and four immature • plants (18 V.S.A. § 4230e(a)(2)). Personal cultivation may only occur on property in possession of • cultivator or with the written consent of the person in lawful possession of the property (18 V.S.A. § 4230e(b)(1)).

Gov. Scott’s Executive Order No. 15-17 Creates the Governor’s Marijuana Advisory Commission. • Three Subcommittees. • Roadway Safety. • Education and Prevention. • Taxation and Regulation. •

Adult-Use Marijuana in the Region Massachusetts • Accept retailer license applications by April 1 st . • Issue retail licenses starting June 1 st . • Retail shops should open on July 1 st . • Number of retailers as of July 1 st ? Unknown. • Maine • Moratorium on the adult-use marijuana market extended • to April 18 th . Canada • Final vote to be cast on July 7 th . •

Marijuana – Federal Law Listed on Schedule I of the Controlled Substances Act. • High potential for abuse. • No currently accepted medical use in treatment. • Lack of accepted safety for use of the drug under medical • supervision. Department of Justice Memos • 2009 Ogden Memo • 2011 Cole Memo • 2013 Cole Memo •

Marijuana – Federal Law (Cont’d) 2018 – DOJ Memo to U.S. Attorneys • Current law reflects Congress’s determination that • marijuana is a dangerous drug and that marijuana activity is a serious crime. Limited resources. • Previous guidance on marijuana enforcement is • rescinded, effective immediately. Prosecutorial discretion. • The 2018 Memo has had little effect on the adult-use • marijuana industry.

Two Questions to Ask What should be our facility’s attitude – for residents and • employees – toward medical marijuana? Adult-use marijuana? Do our current policies adequately reflect our attitude? If • not, do we need to refresh our existing policies or adopt a new marijuana-specific policy(ies)? Numerous considerations in answering these questions. •

Marijuana – Considerations for Policies Prohibiting or Permitting Use Federal Considerations. • No right under the U.S. Constitution. • Marijuana remains illegal under federal law. • Schedule I of the Controlled Substances Act. • June 2005 U.S. Supreme Court decision: Congress can • prohibit cultivation of medical marijuana for personal use. All businesses must ask • Receive federal funds?/federal grants subject to • recapture? Regulated by federal govt? • Enter into contracts with federal govt? •

Marijuana - Considerations for Policies Prohibiting or Permitting Use (Cont’d) Vermont considerations. • No right under the Vermont Constitution. • No explicit statutory or regulatory right for a resident to use • marijuana at your facility. Use of medical marijuana must not endanger the health or • well-being of another person. Facility operators are charged with keeping premises safe, • clean and fit for human habitation and in compliance with applicable building codes Landlords may ban use of marijuana in lease agreements. • Property owner must consent to on-site cultivation. • Other Act 86 provisions •

Marijuana - Considerations for Policies Prohibiting or Permitting Use (Cont’d) Facility Considerations (General) • Is the facility itself subject to a lease? • Do you have any loans? What do your loan documents say? • Would your insurance policy cover, for example, a fire caused by a • resident who was smoking marijuana? Facility Considerations (Residents) • Will your facility provide assistance in obtaining marijuana? • Safety of the Residents • Considerations for smoking, vaping, edibles, etc. • Where can it be used? • What are the consequences for violating the facility’s rules? • Who administers the marijuana to residents? • Resident? Outside registered caregiver? Staff as registered • caregivers?

Marijuana - Considerations for Policies Prohibiting or Permitting Use (Cont’d) Facility Considerations (Residents) • Issues relating to storing marijuana on-site • How will marijuana be stored? • Who will have access? • How will the supply be monitored? • How to minimize risk of diversion by employees? • How will authorized use be verified? • Facility Considerations (Employees) • How do Act 86’s employment law provisions fit within existing • Vermont employment law (e.g., Vermont’s drug testing law)? Ask an attorney that specializes in employment law. DRM • has several.

Thank You! Any questions? •