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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 18 : Health

Chapter 086 : THERAPEUTIC USE OF CANNABIS

Subchapter 002 : CANNABIS FOR MEDICAL SYMPTOM USE BY PERSONS WITH SEVERE ILLNESS

(Cite as: 18 V.S.A. § 4474b)
  •  [Section 4474b repealed effective March 1, 2022]

    § 4474b. Exemption from criminal and civil penalties; seizure of property

    (a) A person who has in his or her possession a valid registration card issued pursuant to this subchapter and who is in compliance with the requirements of this subchapter, including the possession limits in section 4472 of this title, shall be exempt from arrest or prosecution under subsection 4230(a) of this title and from seizure of cannabis, cannabis-infused products, and cannabis-related supplies.

    (b) A health care professional who has participated in a patient's application process under subdivision 4473(b)(2) of this title shall not be subject to arrest, prosecution, or disciplinary action under 26 V.S.A. chapter 23, penalized in any manner, or denied any right or privilege under State law, except for giving false information, pursuant to subsection 4474c(f) of this title.

    (c) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for simply being in the presence or vicinity of a registered patient or registered caregiver engaged in use of cannabis for symptom relief.

    (d) A law enforcement officer shall not be required to return cannabis, cannabis-infused products, and cannabis-related supplies seized from a registered patient or registered caregiver. However, if cannabis or cannabis-infused products are seized by a law enforcement officer and if there is a subsequent determination that the patient or caregiver was in compliance with this subchapter, the seized cannabis and cannabis-infused products shall not count toward the possession limits or dispensary allocation set forth in this subchapter for the patient or caregiver.

    (e) A dispensary may donate cannabis, cannabis-infused products, and cannabis-related supplies to another dispensary in Vermont provided that no consideration is paid and that the recipient does not exceed the possession limits specified in this subchapter. (Added 2003, No. 135 (Adj. Sess.), § 1; amended 2011, No. 65, § 1, eff. June 2, 2011; repealed on March 1, 2022 by 2019, No. 164 (Adj. Sess.), § 11.)