Geoffrey Pizzutillo: Cannabis law fails to protect tourists and communities affected by prohibition

This commentary is from Geoffrey Pizzutillo of Burlington, co-founder and executive director of the Vermont Growers Association.

Vermont legalized small amounts of cannabis for home cultivation, possession and consumption for adults 21 and older with Bill 86 in 2018, two years before lawmakers legalized commercial cannabis with Law 164 in 2020.

Yet it remains one of the least favorable states for legal consumption.

Who is most affected by Vermont’s cannabis law, why New York is being recognized for its new cannabis law, and what Vermont lawmakers can do to make the state friendlier for its residents and visitors?

Vermont and New York

In Vermont it is illegal to consume cannabis in a public placeand non-owners, such as renters — including short-term rentals, hotels, and Airbnb — must seek permission from its owner or landlord before consuming or growing at home, even state-registered medical cannabis patients or caregivers.

Cannabis use in Vermont is defined as any form of consumption, such as smoking, vaping, or eating edibles – all are prohibited in public places and subject to civil penalties.

Meanwhile, in New York State, it’s legal to consume cannabis in any public place where smoking is permittedand non-landlords, such as tenants, can use and grow medical cannabis in their homes, unless their landlord specifically prohibits it.

Although New York has not yet legalized home cultivation for adults, medical cultivation is permitted and the state took impressive steps protect the rights of medical patients and caregivers, such as allowing patients to consume other forms of cannabis if an owner prohibits smoking.

New York state lawmakers placed the onus on the landlord to comply with its cannabis use law, while Vermont lawmakers placed the onus on the tenant.

Who does Vermont law protect?

Vermont law restricts cannabis use to the private residence of landlords and tenants who have explicitly obtained permission from their landlord. Therefore, homeowners are the main demographic protected by law, and if we look at who owns a home, that will tell us who is protected by law to consume.

According to latest US census datahomeownership rates in Vermont are 21.1% for Blacks, 38.6% for Hispanics, 45.6% for Native Americans and Alaska Natives, 50.5% for Asians and 72.6% for Whites.

Compared to other states, Vermont has the fifth-widest black homeownership gap in the country. This data shows that Black, Indigenous, and communities of color are the least likely to own homes in Vermont and are therefore the least protected by law to use cannabis.

In addition to low homeownership rates for BIPOC communities in Vermont, and despite the legalization of cannabis in 2018, the ACLU Reports Vermont law enforcement disproportionately arrests black people on cannabis-related charges more than white people, despite similar rates of use.

Providing a legal space for all Vermont residents to consume cannabis is an urgent matter of public safety.

Tourists and those visiting Vermont are also impacted by the law, since public consumption is prohibited and short-term rentals, hotels and Airbnb legally require explicit permission. With more than 13 million annual visitors, tourism is an important industry in Vermont. If adults visiting Vermont can consume tobacco responsibly and legally, they should be able to enjoy cannabis in the same way.

How can Vermont lawmakers improve the law?

Following the recent midterm elections, Vermont Democrats and Progressives now have a majority without veto power in the Statehouse above the governor.

We call on Vermont legislators to review the Cannabis Consumption Act in the 2023 legislative session and legalize the public consumption of cannabis wherever tobacco is permitted, such as New York State; allow non-owners, such as tenants, to consume, possess and cultivate cannabis unless their owner or landlord expressly prohibits it; and create a new class of license that allows consumer establishments and consumption at events with some form of direct-to-consumer sales for growers and manufacturers.

The same communities in Vermont historically targeted by prohibition, and continue to be targeted by law enforcement under legalization, are not protected by state cannabis law – it s This is harmful public policy. Additionally, adults visiting Vermont find themselves in a contentious situation where they can legally purchase cannabis and cannabis products without a legal place to consume them.

New York State legislators are beginning to regulate cannabis use, protecting their residents and those visiting the state. Vermont lawmakers should follow this path in 2023, and should do so while working to address many market failures for adult use and not in place of this other work.

About the Vermont Growers Association: As a non-partisan, non-profit, mutual benefit trade association, its mission is to ensure that Vermont has a fair, viable, community-centered adult cannabis market. craft and small business-focused, through education, marketing and advocacy. He considers Vermont a leading state for locally produced, world-grade cannabis and related products.