Vermont Senate gives final OK to marijuana bill, governor's desk next

MONTPELIER — The state Senate gave final approval today to a bill that would allow the recreational use of marijuana, putting Vermont on course to become the first state in the country to legalize pot by an act of the Legislature rather than through a citizen referendum.

Every other state with legalized recreational marijuana has done it differently: via ballot initiative. Voters in California, Colorado, Nevada, Oregon, Washington, Alaska, Maine and Massachusetts, along with Washington, D.C., bypassed reluctant lawmakers and instead directly approved their legalization plans.

By voice vote, the Senate agreed to the proposal that would make it legal for adults to possess and grow small amounts of marijuana but does not set up a system to tax and regulate the production and sale of the drug. The bill was approved by the House last week, and Gov. Phil Scott has indicated he would sign it.

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"It's an important criminal justice reform to stand up and say the era of prohibition should end and Vermont needs a more sensible marijuana policy," legalization proponent Laura Subin of the Vermont Coalition to Regulate Marijuana said before the vote.

The bill would allow adults over 21 to possess of up to 1 ounce of marijuana and have two mature marijuana plants or four immature plants in each dwelling unit no matter how many people live there.

Vermont decriminalized small amounts of marijuana in 2013, but users continued to face civil penalties. Subin said removing those financial penalties would make Vermont's laws fairer. Small amounts of marijuana would also no longer be considered contraband during law enforcement searches.

The Senate approved the legislation on a voice vote. Those who voted against it didn't ask for a roll call. It takes effect July 1.

Sen. Randy Brock, R-Franklin, who was recently appointed to fill a vacancy, said he voted against the bill after hearing opposition from educators, medical professionals, law enforcement officials and his constituents. He was also concerned that legalization would conflict with federal law.

"This is a federal question," Brock said. "It needs to be decided federally."

Last spring, the Legislature passed a similar bill, but Scott vetoed it because the Republican thought it didn't do enough to protect children from marijuana and enhance highway safety.

Lawmakers changed the proposal to address the governor's concerns, but there was not enough time to pass it during a short veto session in June.

While the bill does not contain a mechanism to tax and regulate marijuana, as some states do, lawmakers who favor legalization hope the bill will prompt the Legislature to do that later.

"I hope this step leads us to tax and regulate," said Sen. Richard Sears, the Democratic chairman of the Judiciary Committee.

Free Press Staff Writer April McCullum contributed reporting. Contact April McCullum at 802-660-1863 or amccullum@freepressmedia.com. Follow her on Twitter at @April_McCullum. USA Today Reporter Trevor Hughes also contributed.

