Vermont Business Magazine Governor Peter Shumlin seems to have gotten his way so far in Vermont taking a deliberate course toward legalizing marijuana. The Senate Judiciary Committee this morning passed, by a vote of 4 to 1 S.241, legislation to legalize marijuana in Vermont. The governor has opposed the legalization as a tax revenue grab, instead wanting the state to use legalization to benefit law enforcement and drug rehabilitation. He wants legal marijuana to be cheap enough to help drive out illegal drug dealers. He has also opposed edible forms, at least for now, until a new committee can review the matter. Supporters of edibles mostly have come from supporters of medical marijuana.

The bill states that there would be a set number of marijuana retailers. Individuals who are at least 21 could possess up to one ounce. If passed as is, marijuana would become legal on January 1, 2018. The bill so far includes the strictest regulations now governing alcohol and cigarettes. One could not legally grow marijuana at home. The bill has a long way to go before becoming law. Speaker of the House Shap Smith said earlier this month that he believes the Vermont Legislature will pass a bill legalizing marijuana, but not this year. S.241 next goes to the Senate Finance Committee.

“I want to thank Senator Sears for his leadership and the entire Judiciary Committee for their hard work on this bill," the governor said in a statement. "This legislation meets the principles I outlined in my State of the State Address and I believe it provides the framework for our state to cautiously, step-by-step and in the Vermont way end the failed war on drugs policy of marijuana prohibition. This debate is about whether we can take a smarter approach towards marijuana, which is already widely available and used by tens of thousands of Vermonters. Promoting prevention, keeping marijuana out of the hands of kids, getting rid of illegal drug dealers, and doing a better job responding to impaired drivers already on our roads, I believe this legislation is a huge improvement on the failed war on drugs. I look forward to working with the Legislature as they continue to debate this issue.”

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In his State of the State Address, the Governor outlined five principles he will insist on in any legislation to legalize marijuana.

A legal market must keep marijuana and other drugs out of the hands of underage kids. With 83 percent of Vermont youth saying that marijuana is easy or somewhat easy to obtain, the current system doesn’t do this.

he tax imposed must be low enough to wipe out the black market and get rid of the illegal drug dealers.

Revenue from legalization must be used to expand addiction prevention programs.

Law enforcement’s capacity to improve the response to impaired drivers under the influence of marijuana who are already on Vermont’s roads must be strengthened.

The sale of edibles must be prohibited at first.

“The legislation outlined today meets these criteria,” Gov. Shumlin said. “I want to thank Senator Sears for his thoughtful approach on this issue.”

Because Vermont has already taken steps to decriminalize small amounts of marijuana, the legislation introduced today does not require repealing any criminal penalties under Vermont law.

On the critical issue of keeping marijuana out of the hands of underage kids, the legislation outlines a number of steps, including:

No person under the age of 21 will be permitted on the premises of a marijuana establishment.

Advertising and labeling may not be used to appeal to children or youth.

Marijuana establishments are prohibited from being located within 1,000 feet of a school or child care center.

And civil and criminal penalties will be established for furnishing marijuana to those under 21. Current civil and criminal penalties will also remain in place for those using or possessing marijuana underage.

In order to improve the response to impaired drivers under the influence of marijuana, alcohol, and other substances already on Vermont’s roads, the legislation calls for ten additional law enforcement officers to be trained as drug recognition experts and an additional 25 new State Troopers to be added over the next three years. It also calls for the Governor’s Highway Safety Program to expand its public education and prevention campaign to discourage impaired or drugged driving and adds to Vermont’s open container law, preventing its use in a motor vehicle.

Going forward, the Senate Health and Welfare Committee will work with the Department of Health to include prevention provisions and the Senate Finance Committee will work to set a tax rate that undercuts the black market.