Rep. Tom Burditt (R-West Rutland) speaks in support of a marijuana legalization bill Wednesday on the House floor. Credit: Terri Hallenbeck
Updated at 6:35 p.m.

The Vermont House on Wednesday voted to legalize marijuana possession, a miraculous revival for legislation that appeared just days before to be going nowhere fast.

“Vermont lawmakers made history today,” declared Matt Simon, New England political director for the pro-legalization Marijuana Policy Project. “There is no rational reason to continue punishing adults for consuming a substance that is safer than alcohol.”

The 79-66 vote means the bill, already approved by the Senate, goes next to Gov. Phil Scott. Asked Wednesday what he would do — sign, veto or let the legislation become law without his signature — the governor declined to say.

“I don’t believe this is a priority for Vermont,” the first-term Republican governor said, reiterating his concern that there is no roadside test to detect drivers impaired by marijuana. The bill, S.22, would legalize possession of up to an ounce of marijuana and home growing of up to two mature and four immature plants for adults age 21 and over. It would go into effect July 2018.

Rep. Maxine Grad (D-Moretown), chair of the House Judiciary Committee, argued that legalizing possession would allow the state to direct public safety resources toward more pressing matters. “Too many Vermonters feel like criminals,” she said, terming the measure “a criminal justice bill.”

The legislation would create a study commission to look at how Vermont might tax and regulate legal sales of the drug. Grad argued that Vermont must be prepared as legal pot sales take effect in neighboring Massachusetts in mid-2018. The nine-member commission would be directed to take into consideration public safety and health, she said, calling that an important factor in winning her support. “I, too, am worried about highway safety,” she said.

Gov. Phil Scott responds to questions about marijuana Wednesday. Credit: Terri Hallenbeck
If Scott signs the bill, Vermont would become the first state to legalize marijuana via legislation rather than a public referendum. For supporters, that’s a significant hurdle they hope will encourage other states to follow.

“I think this is amazing,” said David Silberman, a Middlebury lawyer who has been lobbying for legalization. He contended that legislators tend to be more conservative than the public on social issues. “To be able to get, particularly older legislators, to lay aside decades of drug-war indoctrination and focus on what’s really going on.”

Sen. Chris Pearson (P/D-Chittenden) is among the supporters who had been advocating to also legalize marijuana sales, but he considered Wednesday’s vote a significant step. “It’s been a steady succession toward treating marijuana like alcohol,” Pearson said. “I’m proud of the legislature for taking this courageous step.”

Just days earlier, the legislation appeared to be dead for the 2017 legislative session, which is scheduled to end this week. The House had struggled to muster the votes earlier this year for a similar version that would have legalized possession in July 2017. That bill finally passed the House last week but came too late to meet the Senate’s deadline to consider House bills.

Rep. Maxine Grad (D-Moretown) and her House Judiciary Committee discuss marijuana legalization Wednesday in committee. Credit: Terri Hallenbeck
An antsy Senate, where legalization has wider support, responded by sending over a revised version last week as an amendment to another bill. The new version delayed enactment until 2018 and added the study commission.

If the session had ended last week as initially planned, the bill likely would have gone untouched. But lawmakers extended the session into this week to work out budget differences with the governor. In the meantime, the new version won more supporters in the House, passing Wednesday by a wider margin than the earlier bill did.

Rep. Laura Sibilia (I-Dover) voted nay on the first bill but said yes to Wednesday’s version. She said she was swayed by its call for a commission, which she feels will help the state prepare for legal marijuana sales in neighboring Massachusetts. “I think the commission is sensible,” Sibilia said.

The study almost led Rep. Tom Burditt (R-West Rutland), a supporter of the earlier version, to vote against this one. He said he initially feared the commission would force Vermont toward taxed and regulated legal marijuana. He changed his mind after reading the bill several times. “There’s a commission in there, but they can’t do anything without the legislature,” Burditt said.

House Minority Leader Don Turner (R-Milton) remained a vehement opponent. As Milton fire chief, he said he has responded to several car crashes caused by impaired drivers. On the House floor Wednesday, he cited an Interstate 89 crash last fall in which a wrong-way driver killed five teenagers. Though toxicology reports have not been publicly released, Turner said “it’s well established” that marijuana was a factor in the crash.

Afterward, he conceded that he shouldn’t have relied on unverified information. Much of the reporting on the toxicology reports has cited anonymous law enforcement officials.

“If I had it to do over again, I might not do that,” he said. “I was cranked up. Come with me one time to an accident and see.”

Rep. Patrick Brennan (R-Colchester), chair of the House Transportation Committee, said that if the bill becomes law he would work on legislation next year to help train more police officers as drug recognition experts. He would also work to supply police with saliva tests for suspected drugged drivers. “In that respect, I’m happy they put it out to 2018,” he said.

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Terri Hallenbeck was a Seven Days staff writer covering politics, the Legislature and state issues from 2014 to 2017.

10 replies on “Vermont Legislature Votes to Legalize Marijuana, Sends Bill to Governor”

  1. I would like to thank the many Vermonters who voiced their opinions to the legislators. Vermont Home Grown and Heady Vermont were two groups that should get credit for helping to get this bill passed.

  2. At a time when our Nation is being divided and the news we read daily often stymies us, it is wonderful to see the results of people coming together. It is wonderful that due to the concerted efforts of a few people to reach out and encourage Vermont residents to get involved, participate and recognize that their voice DOES matter., Vermonters worked TOGETHER; and look what TOGETHER can accomplish! I am thankful that Vermont now has the above legalization legislation. Thank you!

  3. Is Gov. Phil Scott just a new breed of obstructionist. The days of “Reefer Madness'” having an impact on everyone are over. Now the endless nitpicking of medical Cannabis and the over regulation and over taxation of recreational Cannabis are the weapons of the prohibitionists turned obstructionists. The sky isn’t falling but they’re still trying to get everyone to walk around looking up. If it isn’t obvious that someone is driving in an impaired condition and no one is in danger why is the level of THC in them important especially when it is from days or weeks ago from past use?
    If the data on accidents is examined by anyone who has no ax to grind the DUI issue will be of no relevance.
    Just sign the bill.
    Next time you thank a Vet for our service how about helping to ensure the rights we fought for and let us grow our own.

  4. If anyone believes Vermont is going allow people to grow their own weed without the state somehow generating revenue from it, you’re delusional, or I want want you’re smoking.

  5. ^thats why there is a commission in place to come up w/ a tax and regulate plan.
    let’s get vermonters smoking high quality vermont grown cannabis.
    Scott has to sign this. he risks re-election not doing so, and he knows this. big dexision for the first term governor!

  6. It’s nice to see common sense legislation. All of the legislators against this do not think through the issue, they just blindly argue we should not legalize another drug. Meanwhile, treating marijuana like alcohol is exactly how to control distribution, quality, and keep it away from minors. Right now every teenager I know has access to weed, but they have a much harder time getting alcohol. How is it that the solution is not painfully clear?

    I can’t understand how uninformed legislators like Don Turner have trouble grasping this concept: Legalizing the drug grants state control over distribution. Everybody everywhere is freely using it because the black market sure doesn’t care about selling to kids or addicts. Vermont legislators who voted no, please educate yourselves about how legalizing tobacco and alcohol helped reduce crime and abuse.

  7. From the article:

    >>>”I dont believe this is a priority for Vermont, the first-term Republican governor said,”

    Polls show the people want it, and now the legislature has confirmed that beyond a shadow of a doubt. – What is your REAL agenda?

    >>>”reiterating his concern that there is no roadside test to detect drivers impaired by marijuana.”

    Another FALSE “concern.” — Marijuana is not alcohol. The preponderance of the research shows marijuana consumption is NOT a significant cause of auto accidents. In 2015, the Drug and Alcohol Crash Risk report, produced by the Department of Transportation’s National Highway Traffic Safety Administration, found that while drunken driving dramatically increased the risk of getting into an accident, there was no evidence that using marijuana heightened that risk.

    In fact, after adjusting for age, gender, race and alcohol use, the report found that drivers who had recently consumed marijuana were no more likely to crash than drivers who were not intoxicated at all.
    In all its miserable 80 years, the fraudulently enacted marijuana prohibition has never accomplished one positive thing. – It has ONLY caused vast amounts of crime, violence, corruption, death and the severe diminishing of everyone’s freedom!

    Get the corruption and payola out of the picture!

  8. Cannabis contains nutrients vital to human health. Let’s hope the governor signs the bill soon.

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