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

where there s smoke there s fire vermont s path toward
SMART_READER_LITE
LIVE PREVIEW

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

March 20, 2018 Where Theres Smoke, Theres Fire: Vermonts 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,


slide-1
SLIDE 1

March 20, 2018

Where There’s Smoke, There’s Fire: Vermont’s Path Toward Legalization

By Daniel Crisp

slide-2
SLIDE 2

Marijuana: A Snapshot of Vermont

  • Medical Marijuana
  • 5,313 Registered Patients and 624 Registered Caregivers as
  • f 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
  • n marijuana.
  • $125 mil to $225 mil a year spent on marijuana.
  • Tax revenues on Vermonters’ use could be $20 mil to $75

mil annually.

slide-3
SLIDE 3

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.
slide-4
SLIDE 4

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.

slide-5
SLIDE 5

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
slide-6
SLIDE 6

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)).

slide-7
SLIDE 7
  • 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.
slide-8
SLIDE 8

Adult-Use Marijuana in the Region

  • Massachusetts
  • Accept retailer license applications by April 1st .
  • Issue retail licenses starting June 1st.
  • Retail shops should open on July 1st.
  • Number of retailers as of July 1st? Unknown.
  • Maine
  • Moratorium on the adult-use marijuana market extended

to April 18th.

  • Canada
  • Final vote to be cast on July 7th.
slide-9
SLIDE 9

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
slide-10
SLIDE 10

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.

slide-11
SLIDE 11

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.
slide-12
SLIDE 12

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?
slide-13
SLIDE 13

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
slide-14
SLIDE 14

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?

slide-15
SLIDE 15

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.

slide-16
SLIDE 16

Thank You!

  • Any questions?