Vermont lawmakers have unveiled legislation to end criminal penalties around small amounts of illegal drugs in the state.
Under a bill introduced on Wednesday, possession and dispensation of personal-use amounts of drugs would instead be subject to a fine of up to $50 or a referral to a substance use screening and health service.
The bill, H.422, is sponsored by Reps. Selene Colburn (P) and Logan Nicoll (D), along with 12 additional lawmakers.
Backers frame the proposal as a move toward a public health approach to drug use disorders and overdose deaths.
“Vermont has been a leader in some ways with our approach to substance use disorder treatment and substance misuse prevention, but we continue to lose too many Vermonters to substances every year,” Nicoll told Marijuana Moment in an email. “And we continue to treat drug abusers as criminals when they should just be patients.”
A separate bill to remove criminal penalties around plant- and fungi-based substances, such as psilocybin, mescaline, ibogaine and DMT, was introduced last month by Rep. Brian Cina (P/D). That measure, H.309, has been referred to the House Judiciary Committee, which hasn’t yet scheduled a hearing.
The new broader bill would establish a Drug Use Standards Advisory Board within the state Health Department, which would be responsible for setting “personal use dosage” and “personal use supply” amounts of regulated drugs. People caught with less than the personal use supply—defined as the amount “commonly possessed for consumption by an individual for any therapeutic, medicinal, or recreational use”—would be subject to a civil penalty of no more than $50.
A person could avoid the fine by instead agreeing to participate in a screening for substance use disorder, which would refer them to treatment or other services if necessary. Someone previously diagnosed with substance use disorder could avoid the penalty by providing evidence of that diagnosis to the court.
The same penalties would apply under H.422 to people found “dispensing” drugs, although existing criminal laws against “selling” the drugs—as well as dispensing more than personal-use amounts—would remain. Some of the activity that would be decriminalized under the bill currently carries criminal penalties of up to three years in prison and up to $75,000 in fines.
Colburn, the bill’s other lead sponsor, signaled at a press last month that the measure was forthcoming. “We’re still figuring out the model, but it does look to the work that’s happened in Oregon as a potential template,” she said at the time.
In November’s election, Oregon became the first U.S. state to remove criminal penalties around all drugs when voters passed Measure 110, which replaced existing criminal penalties for simple possession with a $100 fine or completion of a health assessment. While state lawmakers elsewhere have considered similar reforms, so far no legislature adopted the policy change.
Dave Silberman, Addison County’s elected high bailiff and a pro bono drug reform advocate, told Marijuana Moment he believes there’s growing support among residents to explore alternatives to the drug war.
“Each year, more and more Vermonters across the political spectrum come to recognize that using the criminal-legal system to punish people for drug use is a bad policy choice that does nothing to make society safer and only serves to exacerbate social and racial inequity and make drugs and the drug trade more dangerous,” he said in an email. “By decriminalizing personal possession and offering people suffering from addiction a compassionate, health-based pathway to treatment and recovery, H.422 lays out a far more effective alternative to the failed War on Drugs.”
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Unlike Oregon’s law, which used existing misdemeanor drug limits to set decriminalization thresholds, the Vermont bill would consult experts to determine how much of a particular drug or class of drugs qualifies as a “benchmark personal use supply,” which would be exempt from criminal penalties.
The benchmarks would be set by a Drug Use Standards Advisory Board “with a goal of preventing and reducing the criminalization of personal drug use,” the bill says. The advisory board would be chaired by the state’s deputy commissioner of health for alcohol and drug abuse programs. The deputy commissioner would also appoint three “consumer representatives” nominated by harm-reduction service providers, who would be familiar with drug use and consumption practices.
The deputy commissioner and the three consumer representatives would together select the remaining members of the board, including two representatives from harm-reduction service providers, an academic researcher specializing in drug use or drug policy as well as individual experts on medication-assisted treatment, human behavior and addiction, substance abuse treatment and legal reform.
“This type of legislation has been of interest to me since Portugal implemented their drug policy reforms in 2001,” Nicoll said, referring to that nation’s harm-reduction policy that decriminalized possession of all drugs. “Introducing it this year, at this time, was important to me because of COVID-19 and the impact the necessary lockdowns have had on mental health, which so often has strong correlations with substance misuse.”
Drug overdose deaths have surged nationwide during the pandemic, according to U.S. Centers for Disease Control data. More than 83,000 people died of drug overdose deaths of the country last year, an increase of nearly 20 percent.
While the CDC does not track overdose deaths by race, researchers have found that Black communities have been hit the hardest. Black Americans and other members of marginalized groups are also disproportionately arrested, convicted and imprisoned for drug crimes. Such records can create obstacles to education, housing, employment and other opportunities.
Other legislation in Vermont this session could decriminalize buprenorphine, commonly used to treat opioid use disorder, and regulate the sale of kratom, a popular but controversial herbal medicine and painkiller alternative.
“In general there’s many of us trying to decriminalize human behavior that’s become sort of stigmatized and judged by others but the main impact is on the person,” Cina, sponsor of the bill to decriminalize certain plant-based psychedelics, told Marijuana Moment last month, as he was preparing to introduce his measure. He is also a cosponsor of the new bill.
In the case of substance use, Cina said, “the greatest impact is the health impact on the person and the social impact.”
The Vermont Democratic Party, for its part, signaled late last year that it’s on board with the decriminalization push. At a virtual meeting in September, the party adopted a platform that includes a call to “adopt an approach to the possession and misuse of drugs that is motivated solely by the principles of public health and harm reduction, rather than punishing undesirable private behavior, while avoiding the criminal justice system altogether.”
A Republican lawmaker in Iowa introduced a bill to remove psilocybin from the list of controlled substances, which received a subcommittee hearing last week but did not advance. He also filed another piece of legislation to let seriously ill patients use psychedelic mushrooms, LSD, DMT and other drugs.
In New York, lawmakers are considering both a measure to decriminalize drugs and a separate bill, filed Tuesday, that would decriminalize psilocybin and psilocin, the chief psychoactive components in psychedelic mushrooms.
Photo courtesy of Jernej Furman
Top IRS Official Says Marijuana Banking Reform Would Help Feds ‘Get Paid’
The Internal Revenue Service (IRS) would like to get paid—and it’d help if the marijuana industry had access to banks like companies in other legal markets, an official with the federal department said. She also talked about unique issues related to federal tax deductions for cannabis businesses.
At an event hosted by UCLA’s Annual Tax Controversy Institute on Thursday, IRS’s Cassidy Collins talked about the “special type of collection challenge” that the agency faces when it comes to working with cannabis businesses while the product remains federally illegal.
While IRS isn’t taking a stand on federal marijuana policy, Collins said that the status quo leaves many cannabis businesses operating on a cash-only basis, creating complications for the agency, in part by making it harder for banks to “pay us.”
“The reason why [the marijuana industry is] cash intensive is twofold,” she said. “Number one, a lot of customers don’t want a paper trail showing that they’re buying marijuana, and number two, the hesitancy of banks to allow marijuana businesses to even bank with them.”
Of course, the reason why many financial institutions remain hesitant to take on cannabis companies as clients is because the plant is a strictly controlled substance under federal law.
“There’s been a number of legislative bills that have been introduced—and I am definitely not expressing any opinion personally or on behalf of the IRS about any pending or proposed legislation,” Collins, who is a senior counsel in the IRS Office of Chief Counsel, said. “But it is interesting to note that, if the law changed so that the marijuana businesses could have banks, that would make the IRS’s job to collect [taxes] a lot easier. As part of collection, we want the money. That’s our end goal there.”
A major part of what makes cannabis businesses unique is that they don’t qualify for traditional tax credits under an IRS code known as 280E. That policy “prohibits them from claiming deductions for business expenses because they’re technically being involved in drug trafficking,” Collins explained at the event, from which small excerpts of her comments were reported by Bloomberg.
There are some options available to lessen the burden on marijuana firms, however. At the end of the day, “IRS will work with marijuana companies because, again, we want to get paid,” Collins said.
One of the ways the agency works with marijuana business operators is to have them visit designated IRS “tax assistance centers” that accept cash payments in excess of $50,000. But the official warned businesses to “be prepared to be there for a little while” as the center checks—and double checks—the amount of cash being submitted.
“Revenue officers will assist the marijuana companies in paying us,” she said.
IRS officials could also help cannabis firms by having officials accompany them “to the bank in order to try to help the taxpayer secure a cashier’s payment to pay the IRS, as well as using money orders,” she said, adding that “our revenue officers are are wanting to work with the marijuana companies to help assist them to pay us.”
“When the revenue officers are there in person with the taxpayer, that could potentially help increase the likelihood that the bank will cooperate and help the taxpayer transition into a cashier’s check,” she continued. “And that has been a trend since this first became legal [at the state level], that more and more banks are allowing cannabis companies to bank with them.”
In a report published earlier this year, congressional researchers examined tax policies and restrictions for the marijuana industry—and how those could change if any number of federal reform bills are enacted.
IRS, for its part, said last month that it expects the cannabis market to continue to grow, and it offered some tips to businesses on staying compliant with taxes while the plant remains federally prohibited.
As it stands, banks and credit unions are operating under 2014 guidance from the Financial Crimes Enforcement Network (FinCEN) that lays out reporting requirements for those that choose to service the marijuana industry.
Leaders in both chambers of Congress are working on legalization bills to end federal marijuana prohibition. But stakeholders are hopeful that, in the interim, legislators will enact modest marijuana banking reform. Legislation to protect financial institutions from being penalized for working with cannabis businesses passed the House for the fifth time last month.
Rodney Hood, a board member of the National Credit Union Administration, wrote in a Marijuana Moment op-ed this month that legalization is an inevitability—and it makes the most sense for government agencies to get ahead of the policy change to resolve banking complications.
IRS separately hosted a forum in August dedicated to tax policy for marijuana businesses and cryptocurrency.
Earlier this year, IRS Commissioner Charles Rettig told Congress that the agency would “prefer” for state-legal marijuana businesses to be able to pay taxes electronically, as the current largely cash-based system under federal cannabis prohibition is onerous and presents risks to workers.
Former Treasury Secretary Steven Mnuchin said in 2019 that he’d like to see Congress approve legislation resolving the cannabis banking issue and he pointed to the fact that IRS has had to build “cash rooms” to deposit taxes from those businesses as an example of the problem.
IRS released updated guidance on tax policy for the marijuana industry last year, including instructions on how cannabis businesses that don’t have access to bank accounts can pay their tax bills using large amounts of cash.
The update appears to be responsive to a Treasury Department internal watchdog report that was released earlier in the year. The department’s inspector general for tax administration had criticized IRS for failing to adequately advise taxpayers in the marijuana industry about compliance with federal tax laws. And it directed the agency to “develop and publicize guidance specific to the marijuana industry.”
Luxembourg Set To Become First European Country To Legalize Marijuana Following Government Recommendation
Luxembourg is poised to become the first European country to legalize marijuana, with key government agencies putting forward a plan to allow the possession and cultivation of cannabis for personal use.
The ministers of justice and homeland security on Friday unveiled the proposal, which will still require a vote in the Parliament but is expected to pass. It’s part of a broader package of reform measures the agencies are recommending.
Under the marijuana measure, adults 18 and older could grow up to four plants. However, under the non-commercial model that is being proposed, possessing more than three grams in public would still be a civil offense, carrying a fine of €25-500 ($29-581). Currently, the maximum fine for possession is €2,500 ($2,908).
In terms of access, adults would be able to buy and trade cannabis seeds for their home garden.
Justice Minister Sam Tamson said the government felt it “had to act” and characterized the home cultivation policy change as a first step, The Guardian reported.
👉🏻élaboration du projet de loi usage privé du #cannabis : jusqu’à 4 plantes à domicile & décorrectionnalisation <3g
👉🏻renforcement de la prévention & de l’accompagnement
👉🏻⬆️des moyens de la police
👉🏻élaboration d’un projet de production/vente #Luxembourg pic.twitter.com/8yre0Udt8J
— Sam Tanson (@SamTanson) October 22, 2021
“The idea is that a consumer is not in an illegal situation if he consumes cannabis and that we don’t support the whole illegal chain from production to transportation to selling where there is a lot of misery attached,” he said. “We want to do everything we can to get more and more away from the illegal black market.”
While limited in scope, the reform would make Luxembourg the first country in Europe to legalize the production and possession of marijuana for recreational use. Cannabis has been widely decriminalized in certain countries in the continent, but it has remained criminalized by statute.
Government sources in Luxembourg told The Guardian that plans are in the works to develop a program where the state regulates the production and distribution of marijuana. Tamson said they are working to resolve “international constraints” before taking that step, however, referring to United Nations treaty obligations that multiple U.S. states and other countries like Canada and Uruguay have openly flouted.
The measures include:
🟢 Regulation of cannabis use and cultivation: adults will be able to legally cultivate up to four cannabis plants for their own use, provided the cultivation is happening at their place of residence.
— European Greens (@europeangreens) October 22, 2021
For now, the country is focusing on legalization within a home setting. Parliament is expected to vote on the proposal in early 2022, and the ruling parties are friendly to the reform.
This has been a long time coming, as a coalition of major parties of Luxembourg agreed in 2018 to enact legislation allowing “the exemption from punishment or even legalization” of cannabis.
Meanwhile in the U.S., congressional lawmakers are working to advance legalization legislation. A key House committee recently approved a bill to end marijuana prohibition, and Senate leadership is finalizing a separate reform proposal.
In Mexico, a top Senator said this week that lawmakers could advance legislation to regulate marijuana in the coming weeks. The Supreme Court has already ruled that adults cannot be criminalized over possession or cultivation, but there’s currently no program in place to provide access.
Photo courtesy of Mike Latimer.
New Bipartisan Marijuana Research Bill In Congress Would Let Scientists Study Dispensary Products
A bipartisan group of federal lawmakers introduced a bill on Thursday to remove barriers to conducting research on marijuana, including by allowing scientists to access cannabis from state-legal dispensaries.
The Medical Marijuana Research Act, filed by the unlikely duo of pro-legalization Rep. Earl Blumenauer (D-OR) and prohibitionist Rep. Andy Harris (R-MD), would streamline the process for researchers to apply and get approved to study cannabis and set clear deadlines on federal agencies to act on their applications.
“Congress is hopelessly behind the American people on cannabis, and the quality of our research shows why that is an urgent problem,” Blumenauer told Marijuana Moment. “Despite the fact that 99 percent of Americans live in a state that has legalized some form of cannabis, federal law is still hamstringing researchers’ ability to study the full range of health benefits offered by cannabis, and to learn more about the products readily available to consumers.”
“It’s outrageous that we are outsourcing leadership in that research to Israel, the United Kingdom, Canada, and others. It’s time to change the system,” he said.
Late last year, the House approved an identical version of the cannabis science legislation. Days later, the Senate passed a similar bill but nothing ended up getting to the president’s desk by the end of the last Congress. Earlier this year, a bipartisan group of senators refiled their marijuana research measure for the current 117th Congress.
Meanwhile, lawmakers are also advancing a separate strategy to open up dispensary cannabis to researchers. Large-scale infrastructure legislation that has passed both chambers in differing forms and which is pending final action contains provisions aimed at allowing researchers to study the actual marijuana that consumers are purchasing from state-legal businesses instead of having to use only government-grown cannabis.
The new bill filed this week by Blumenauer and Harris, along with six other original cosponsors, would also make it easier for scientists to modify their research protocols without having to seek federal approval.
Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
It would additionally mandate that the Drug Enforcement Administration (DEA) license more growers and make it so there would be no limit on the number of additional entities that can be registered to cultivate marijuana for research purposes. It would also require the U.S. Department of Health and Human Services (HHS) to submit a report to Congress within five years after enactment to overview the results of federal cannabis studies and recommend whether they warrant marijuana’s rescheduling under federal law.
“The cannabis laws in this country are broken, including our laws that govern cannabis research,” Blumenauer said in remarks in the Congressional Record. “Because cannabis is a Schedule I substance, researchers must jump through hoops and comply with onerous requirements just to do basic research on the medical potential of the plant.”
The new legislation will “both streamline the often-duplicative licensure process for researchers seeking to conduct cannabis research and facilitate access to an increased supply of higher quality medical grade cannabis for research purposes,” he said, adding that expanded studies will help make sure “Americans have adequate access to potentially transformative medicines and treatments.”
For half a century, researchers have only been able to study marijuana grown at a single federally approved facility at the University of Mississippi, but they have complained that it is difficult to obtain the product and that it is of low quality. Indeed, one study showed that the government cannabis is more similar to hemp than to the marijuana that consumers actually use in the real world.
There’s been bipartisan agreement that DEA has inhibited cannabis research by being slow to follow through on approving additional marijuana manufacturers beyond the Mississippi operation, despite earlier pledges to do so.
In May, the agency finally said it was ready to begin licensing new cannabis cultivators. Last week, DEA proposed a large increase in the amount of marijuana—and psychedelics such as psilocybin, LSD, MDMA and mescaline—that it wants produced in the U.S. for research purposes next year.
Under the new House bill, the agency would be forced to start approving additional cultivation applications for study purposes within one year of the legislation’s enactment.
HHS and the attorney general would be required under the bill to create a process for marijuana manufacturers and distributors to supply researchers with cannabis from dispensaries. They would have one year after enactment to develop that procedure, and would have to start meeting to work on it within 60 days of the bill’s passage.
In general, the legislation would also establish a simplified registration process for researchers interested in studying cannabis, in part by reducing approval wait times, minimizing costly security requirements and eliminating additional layers of protocol review.
Read the full text of the new marijuana research bill below: