MARIJUANA IS LEGAL NOW. – BarrSternberg

Southern Vermont Justice

News and updates from Vermont's most respected attorneys

MARIJUANA IS LEGAL NOW.

Weed is now legal in Vermont. Below are seven big legalities and eight major violations.

VT marijuana leaf

WHAT IS LEGAL

  1. You must be 21 to legally use marijuana in Vermont.
  2. There are no civil and criminal penalties for possession of up to one ounce of marijuana or five grams of hashish.
  3. Adults can grow two mature and four immature marijuana plants per household. *A mature plant is defined as a plant that flowers.
  4. Harvested cannabis does not count toward your one-ounce possession allowance as long as your harvest is stored on-site, in a secure indoor space.
  5. If you grow, plants must be in an enclosure screened from the public.
  6. If you rent a house or an apartment, you must get written permission from your landlord.
  7. Vermonters can use marijuana in individual dwellings only.

WHAT REMAINS ILLEGAL

  1. Selling any amount of marijuana, hash, or plant’s seeds for recreational purposes is illegal in Vermont. Selling up to one ounce is a misdemeanor with a potential two-year jail sentence, and/or a $10,000 fine. Selling more than one ounce or five grams of hash (or giving away that amount) is a felony with a potential five year jail sentence and/or $100,000 fine. *It is important to note that it is a felony to give away, gift or dispense more than one ounce of marijuana. Penalties increase according to the amount sold. Severe penalties apply to individuals selling or give away marijuana to an underage person.
  2. Possession of more than one ounce of marijuana and cultivation of more than two mature or four immature plants is a misdemeanor and will result in up to six months of imprisonment and/or $500 fine for the first offense, and two years of imprisonment and/or $2,000 fine for the second offense. Cultivation of more than four mature plants and eight immature plants, as well as possession of more than two ounces, may result in a felony charge. Felony penalties will increase based on he amount of marijuana involved in the violation.
  3. Giving away or selling marijuana to a person under 18 is a felony. Selling any amount of marijuana to a minor is a felony punishable by up to 10 years in jail. If you give or sell marijuana to any person on school grounds or within 500 ft of school grounds, there is a potential for an additional 10-years in jail.
  4. Landlords have the right to ban possession, cultivation, or use of marijuana in a lease agreement.
  5. If you are under the age of 21 and you possess or cultivate any amount of marijuana you are subject to civil penalties. Any person under 21 charged with possession is supposed to be enrolled in court diversion program called the Youth Substance Safety Program. A person who fails to complete the program will receive a $300 fine and a 30-day suspension of a driver’s license for the first offense with a potential $600 fine and 90-day driver’s license suspension for a second and subsequent violation.
  6. Using marijuana in a public place is now a civil infraction. Violators will pay a $100 fine for the first offense, $200 for the second, and $500 for the third and subsequent offense.
  7. Anything more than four mature plants or eight immature plants is a felony.
  8. You can give away up to an ounce but you can’t sell anything and you can’t give away more than an ounce

Follow our news feed throughout July for future posts on how the new law applies to driving regulations, workplace environment, past marijuana-related criminal records and more.

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4 Comments

  1. Nancy F
    July 9, 2018

    Is it legal to smoke in one’s yard, front porch, back deck?

  2. William Shepard
    July 10, 2018

    Can you smoke marijuana if you are on parole or is it a violation