Vermont Marijuana Laws
Both medical marijuana and adult-use is legal. Recreational retail establishments are set to open in 2022, with limitations on the percentage of THC in flower and concentrates. Adults can possess up to one ounce or 5 grams of hashish, and registered patients can possess up to two ounces. Both can cultivate at home within limits.
LAW BREAKDOWN
LAW BREAKDOWNS
Marijuana is allowed for both medical use and recreational use in Vermont. Penalties for cannabis offenses are typically forgiving, but serious crimes carry stiff sentences.
Possession
Possession of up to 1 ounce of marijuana for adult use is now legal in Vermont.
Possession of between 1 and 2 ounces is a misdemeanor and on a first offense is punishable by up to 6 months in jail and $500 in fines. A subsequent conviction carries a maximum of 2 years in prison and a top fine of $2,000.
Possession of more than 2 ounces is a felony. Possessing between 2 ounces and 1 pound is punishable by up to 3 years in prison and a $10,000 fine. Possession of between 1 and 10 pounds of cannabis carries a maximum penalty of 5 years in prison and fines of $100,000. And finally, any possession of more than 10 pounds of marijuana is punishable by up to 15 years in prison and a fine of $500,000
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1 oz or less* | No penalty | None | $ 0 |
| 1 – 2 oz (first offense) | Misdemeanor | 6 months | $ 500 |
| 1 – 2 oz (subsequent offense) | Misdemeanor | 2 years | $ 2,000 |
| 2 oz – 1 lb | Felony | 3 years | $ 10,000 |
| 1 – 10 lbs | Felony | 5 years | $ 100,000 |
| 10 lbs or more | Felony | 15 years | $ 500,000 |
| * By persons 21 years of age or older. | |||
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Sale
Selling less than half an ounce of marijuana is a misdemeanor punishable by a maximum of 2 years in prison and $10,000 in fines. Sale of between half an ounce and one pound is a felony and comes with a top penalty of 5 years in prison and $100,000 in fines.
The maximum sentence for selling between 1 and 50 pounds is 15 years in prison and $500,000 in fines. The maximum for selling more than 50 pounds is 30 years and $1 million.
Selling any amount of marijuana to a minor is a felony in Vermont and carries a maximum punishment of 5 years in prison and $25,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Less than 1/2 oz | Misdemeanor | 2 years | $ 10,000 |
| 1/2 oz – 1 lb | Felony | 5 years | $ 100,000 |
| 1 – 50 lbs | Felony | 15 years | $ 500,000 |
| More than 50 lbs | Felony | 30 years | $ 1,000,000 |
| To a minor | Felony | 5 years | $ 25,000 |
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Cultivation
Vermont’s recreational marijuana law made it legal to grow up to 4 plants at one’s own residence, as long as no more than 2 plants are mature at any one time. The law was later amended to decriminalize the cultivation of up to 3 mature and 6 immature plants, which is subject to no more than a fine of $100, $200 and $500 on a first, second and subsequent offense, respectively. Those who cultivate at home are permitted to possess the quantity of the harvest.
It is a felony to grow 4 or more plants. For growing between 4 and 10 mature plants, the maximum penalty is 3 years in prison and $10,000 in fines. If there are between 11 and 25 plants, the maximum increases to 5 years and $100,000. Cultivating more than 25 plants is punishable by as many as 15 years in prison and a fine of up to $500,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Up to 4 plants (2 mature) | No penalty | None | $ 0 |
| Up to 6 plants (3 mature) | Civil penalty | None | $ 100 |
| 4 – 10 plants | Felony | 3 years | $ 10,000 |
| 11 – 25 plants | Felony | 15 years | $ 100,000 |
| More than 25 plants | Felony | 15 years | $ 500,000 |
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Concentrates
Hashish, hash oil, and other marijuana concentrates are treated the same as bud under Vermont law, but lower weight limits apply for possession offenses.
It is legal for adults to possess up to 5 grams of cannabis concentrates. Possession of between 5 and 10 grams has been decriminalized and is subject to no more than a small fine of $100, $200 and $500 on a first, second and subsequent offense, respectively. Possessing more than 10 grams is a misdemeanor.
On a first offense, possession of 10 grams or more is punishable by up to 6 months in jail and a fine of $500. On a subsequent offense, the penalty increases to up to 2 years in prison and a $2,000 fine.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 5 grams or less | No penalty | None | $ 0 |
| 5 – 10 grams | Civil penalty | None | $ 100 |
| More than 10 grams (first offense) | Misdemeanor | 6 months | $ 500 |
| More than 10 grams (subsequent offense) | Misdemeanor | 2 years | $ 2,000 |
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Paraphernalia
Possession of marijuana paraphernalia has been decriminalized in Vermont. Paraphernalia includes any items intended for use with the cultivation, harvesting, analysis, testing, storing, or consumption of marijuana.
Possession and use. The possession of paraphernalia by a person 21 or older is only punishable by civil fine; no arrest, jail time or criminal record. The fine increases with subsequent violations, as shown below.
- On a first offense, the maximum fine is $200.
- On a second offense, the maximum fine increases to $300.
- A third and any subsequent offenses are subject to a possible $500 fine.
Sale and delivery. Sale of drug paraphernalia is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
Sale to a minor. Sale to a minor is also a misdemeanor and carries a maximum penalty of 2 years in prison and $2,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of paraphernalia* | Civil Violation | None | $ 200 |
| Sale of paraphernalia | Misdemeanor | 1 year | $ 1,000 |
| To a minor | Misdemeanor | 2 years | $ 2,000 |
| * By persons 21 years of age or older. | |||
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Medical Marijuana
MEDICAL MARIJUANA
Vermont’s medical marijuana law removed state-level criminal penalties for the use, possession and cultivation of marijuana by qualifying patients.
QUALIFYING CONDITIONS:
- Any patient receiving hospice care
- Cachexia or wasting syndrome
- Cancer
- Crohn’s disease
- Glaucoma
- HIV or AIDS
- Multiple Sclerosis
- Parkinson’s disease
- PTSD
- Seizures
- Severe or chronic pain
- Severe nausea
PATIENT POSSESSION LIMITS:
Two ounces of usable marijuana
HOME CULTIVATION:
Yes. No more than nine marijuana plants are permitted, and only two may be mature at any one time.
STATE-LICENSED DISPENSARIES:
Yes. No more than five, a limit which increases to six when the program includes more than 7000 patients. Dispensaries are legally allowed to engage in home delivery.
CAREGIVERS:
Yes. A caregiver is a person who is responsible for managing the well-being of a qualifying patient in regards to their medicinal use of marijuana. A registered caregiver must never have been convicted of a drug-related crime, and must be at least 21 years of age. Patients may only have one registered caregiver at a time, and the caregiver can only serve one patient.
RECIPROCITY:
No
Vermont Marijuana Attorneys
The following Vermont lawyers are actively involved in the practice of cannabis law:
