The Vermont Statutes Online

Title 7 : Alcoholic Beverages, Cannabis, and Tobacco

Chapter 031 : Cannabis

Subchapter 003 : Hemp

• § 855. Rulemaking authority

  (a) The Board may adopt rules to provide for the implementation of this subchapter, which may include rules to:

  (1) require hemp to be tested during growth for tetrahydrocannabinol levels;

  (2) authorize or specify the method or methods of testing hemp, including, where appropriate, the ratio of cannabidiol to tetrahydrocannabinol levels or a taxonomic determination using genetic testing;

  (3) require inspection and supervision of hemp during sowing, growing season, harvest, storage, processing, and distribution;

  (4) require labels or label information for hemp products in order to provide consumers with transparent and accurate product content or source information, to be free of false or misleading claims and claims contrary to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301–399i, or to conform with federal requirements;

  (5) establish sanitary requirements for licensed processing facilities;

  (6) establish registration requirements for hemp-derived products sold or distributed in the State, including requirements that each product be sampled and tested by a laboratory recognized by the Board;

  (7) require disclosure or labeling of the amount of cannabinoids known to be present in hemp products sold or distributed in the State;

  (8) require that licensees and registrants, including out-of-state purveyors of registered hemp products, obtain and maintain commercially reasonable insurance, which for producers of consumer products in final form shall include product liability insurance;

  (9) prohibit hazardous additives to hemp products, or specify additive limits, relative to substances that are toxic, not generally recognized as safe, or designed to make the product more addictive or more appealing to persons under 21 years of age or to mislead consumers;

  (10) specify when a registered hemp product that contains more than 0.4 mg tetrahydrocannabinol must be restricted for sale to persons 21 years of age or older or restricted for sale in specified settings, or both;

  (11) define “craft processors” as a class of small businesses with different needs and risks and exempt craft processor licensees from the requirements of this subchapter that the Board finds to be unnecessary to protect the public health, safety, and welfare;

  [Subdivision (a)(12) repealed effective January 1, 2028.]

  (12) waive or reduce licensing fees for craft processor applicants pursuant to rule or readily accessible policy;

  (13) exempt certain product categories from the requirement to register under this chapter;

  (14) establish requirements for the consumer sale of any product containing tetrahydrocannabinol or other cannabinoids; or

  (15) prohibit any person from making false, misleading, or unsubstantiated claims for cannabinoid-containing products.

  (b) The Board shall adopt rules to:

  (1) establish requirements for the licensure of processors of hemp, hemp-derived process intermediaries, and hemp products; and

  (2) regulate the use of processing facilities and equipment to permit processors to use the same equipment for hemp and cannabis processing and to prevent cross contamination between hemp and cannabis. (Added 2025, No. 178 (Adj. Sess.), § 16, eff. June 18, 2026; amended 2025, No. 178 (Adj. Sess.), § 16b, eff. June 18, 2026 and January 1, 2028.)