An act relating to miscellaneous amendments to the adult-use and medical cannabis programs

The propagation cultivator license allows cultivation of up to 3,500 square feet in the unofficial version versus 2,500 square feet in the official version.

The unofficial version adds an amendment to the Cannabis Regulation Fund section (7 V.S.A. 845) clarifying that fund monies may only be appropriated for implementation, administration, and enforcement of chapters 33, 35, and 37.

Hemp seed sales by propagation cultivators are expanded in the unofficial version to include licensed retailers and the general public, whereas the official version limits sales to licensed cultivators only.

The unofficial version adds a new section (7 V.S.A. 901a) establishing rules for accessibility and confidentiality of licensing and disciplinary matters, including public records exemptions for security and trade secret information, open meeting requirements, and a requirement to maintain a public aggregated list of closed investigations.

The unofficial version adds a Cannabis Establishment Fee Schedule (7 V.S.A. 910) specifying fees for propagation cultivators ($500/year), per-employee fees ($50), per-product-type fees ($50), local licensing fees ($100), one-time application fees ($1,000), and intent-to-apply fees ($500).

New section (Sec. 5) adds a comprehensive local government regulation framework in 7 V.S.A. 863. Municipalities may create cannabis control commissions and issue local control licenses, but are prohibited from banning cannabis establishments, imposing conditions beyond those specified, or exceeding their legal authority. The Board must ensure applicants have local licenses before issuing state licenses.

Propagation cultivator maximum cultivation area increased from 2,500 square feet (House version) to 3,500 square feet (enacted version).

Propagation cultivators' ability to sell cannabis seeds was expanded. The House version limited seed sales to licensed cultivators only; the enacted version allows sales to licensed cultivators, retailers, or the public.

New section (Sec. 6) adds environmental and land use standards in 7 V.S.A. 869. Cannabis cultivation is excluded from 'farming' classification under Required Agricultural Practices but must comply with specific RAP sections on operating standards, groundwater quality, and subsurface tile drainage. Small cultivators on previously farmed land receive protections including treatment as farming for permitting, eligibility for use value appraisal, retail sales tax exemption, and a rebuttable presumption against nuisance claims.

New section (Sec. 3) adds a provision to 7 V.S.A. 845 restricting Cannabis Regulation Fund monies to implementation, administration, and enforcement of the cannabis chapter and chapters 33, 35, and 37 only.

New section (Sec. 12) requires the Cannabis Control Board to begin issuing propagation cultivator licenses on or before July 1, 2024.

The number of license types changed from six to seven, with 'propagator license' added as a distinct category alongside cultivator, wholesaler, product manufacturer, retailer, testing laboratory, and integrated licenses. The propagation license section title was also changed from 'PROPAGATION LICENSE' to 'PROPAGATION CULTIVATOR LICENSE.'

Maximum THC content per single package of a cannabis product increased from 50 milligrams to 100 milligrams (with existing exceptions for non-consumable products, solid concentrates/oils/tinctures, and products sold to dispensaries).

Caregiver background check process changed: fingerprint-based Vermont, out-of-state, and FBI criminal history records replaced with a name-and-date-of-birth Vermont criminal conviction record check plus checks against the Child Protection Registry and the Vulnerable Adult Abuse, Neglect, and Exploitation Registry.

New propagation cultivator license type created (7 V.S.A. 904b), allowing licensed persons to cultivate up to 3,500 square feet of cannabis clones, immature plants, or mature plants, and to sell clones, immature plants, and hemp seeds to cultivators, retailers, or the public.

Medical cannabis patient and caregiver home cultivation limits increased from 2 mature and 7 immature plants to 6 mature and 12 immature plants.

Caregivers are now permitted to serve up to two patients at a time (previously limited to one patient).

New section 901a added establishing confidentiality protections for licensee security, safety, transportation, and trade secret records under the Public Records Act, while requiring an aggregated public list of closed investigations (without identifying licensees unless formal action was taken).

Fee schedule restructured: manufacturer tier 1 sales threshold raised from $10,000 to $50,000; new $500 annual fee for propagation cultivators; new $50 per-employee annual fee; new $100 local licensing fee; new $1,000 one-time application fee; new $500 intent-to-apply fee option.

The entire section authorizing three new permanent positions at the Cannabis Control Board (two chemists and one Cannabis Quality Assurance Program Director) and appropriating $850,000 for laboratory equipment was removed.

The dispensary fee reductions (first-year registration fee from $20,000 to $10,000 and annual renewal fee from $25,000 to $10,000) were removed from the bill.

The Auditor of Accounts report requirement (originally due November 15, 2023, on the organizational structure of the Cannabis Control Board) was removed from the bill.

The maximum cultivation area for a licensed propagation cultivator was reduced from 3,500 square feet to 2,500 square feet for cannabis clones, immature plants, or mature plants.

The provision allowing propagation cultivators to sell hemp seeds 'to a licensed cultivator or retailer or to the public' was changed to simply allow them to 'test, transport, and sell cannabis seeds that meet the federal definition of hemp,' removing the specific listing of permitted buyers.