Act No. 65 (S.17). Health; use of marijuana for symptom relief; dispensaries
This act makes a few changes to the underlying law that regulates the use of marijuana for symptom relief, and establishes a framework for registering up to four nonprofit marijuana dispensaries in the state.
The act restricts registered patients to Vermont residents, but expands the list of people who may certify the medical condition of a patient to include physician's assistants and advanced practice registered nurses.
A dispensary will be permitted to acquire, possess, cultivate, manufacture, transfer, transport, supply, sell, and dispense marijuana, marijuana-infused products, and marijuana-related supplies and educational materials for or to a registered patient who has designated it as his or her dispensary and to his or her registered caregiver for the registered patient's use for symptom relief. A dispensary will be permitted to cultivate and possess at any one time up to 28 mature marijuana plants, 98 immature marijuana plants, and 28 ounces of usable marijuana. However, if a dispensary is designated by more than 14 registered patients, the dispensary may cultivate and possess at any one time two mature marijuana plants, seven immature plants, and two ounces of usable marijuana for every registered patient for whom it serves as the designated dispensary.
A patient or his or her registered caregiver may obtain up to two ounces of usable marijuana a month from the patient's designated dispensary and may obtain marijuana from the dispensary by appointment only. Once a patient designates a dispensary, he or she is not permitted to cultivate marijuana. A patient may not consume marijuana at the dispensary.
The department of public safety will be responsible for regulating dispensaries, and adopting rules for the implementation of the act. By June 2, 2012, the department shall grant registration certificates to four dispensaries, provided at least four applicants apply and meet the requirements of the act. The application fee is $2,500.00, and is not refundable. Annual registration fees are $20,000.00 for the first year, and $30,000.00 for subsequent years. No more than four dispensaries may hold valid registration certificates at one time, and the total statewide number of registered patients who have designated a dispensary shall not exceed 1,000 at any one time.
A dispensary shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and shall ensure that each location has an operational security alarm system. All cultivation of marijuana is required to take place in an enclosed, locked facility which is either indoors or otherwise not visible to the public and which can only be accessed by principal officers and employees of the dispensary who have valid registry identification cards. The department of public safety must perform an annual on-site assessment of each dispensary and may perform on-site assessments of a dispensary without limitation.
A principal officer, a board member, and an employee of a dispensary must receive an identification card from the department of public safety and must submit to a criminal background check prior to working with a dispensary. A person with a pending charge or a conviction for a drug-related offense or a violent felony may not serve as a principal officer or board member or work as an employee of a dispensary. The department of public safety may use discretion in deciding to issue an identification card to applicants with other types of pending charges or convictions.
The governor is granted the authority to suspend the implementation and enforcement of the dispensary laws if the governor determines that it is in the interest of justice and public safety; however, this authority sunsets January 31, 2012.
The act establishes a marijuana for symptom relief oversight committee for the purpose of considering a number of issues related to the use of marijuana for symptom relief and the regulation of dispensaries. The committee is asked to report to the general assembly annually.
The act requires the department of public safety to report to the general assembly no later than January 1, 2012 on the actual and projected income and costs for administering the dispensary program; recommendations for how dispensaries could deliver marijuana to registered patients and their caregivers in a safe manner; and whether prohibiting growing marijuana for symptom relief by patients and their caregivers if the patient designates a dispensary interferes with patient access to marijuana for symptom relief and, if so, recommendations for regulating the ability of a patient and a caregiver to grow marijuana at the same time the patient has designated a dispensary.
Multiple effective dates, beginning June 2, 2011
Also see: Crimes and Criminal Procedure; Act No. 26 (S.30). Crimes and criminal procedure; assault of a health care worker
Also see: Human Services; Act No. 60 (H.201). Human services; palliative care; hospice; DNR order; COLST order
Also see: Professions and Occupations; Act No. 61 (H.369). Professions and occupations; health
No applicable act summaries.