Legislative Report 3/5/2020 - Legislature Moves to Regulate and Tax Cannabis

The week before Town Meeting was intense as the legislature spent long hours debating, amending, and passing two major bills: the regulation and taxation of legal cannabis and revisions to Act 250. Both are very complicated pieces of legislation, so I will focus this article on the 53-page cannabis bill, S.54.

The history of cannabis, a.k.a. marijuana, in Vermont law dates back more than 100 years.  Vermont outlawed marijuana in 1915 as part of a movement to restrict its usage throughout the United States in the early 20^th century.  Its presence in Vermont was well-known, however, during the “back-to-earth” movement in the 1970s and, truthfully, never left. It was approved for medicinal use with “a note from the doctor” in 2004 by a bill that Governor Jim Douglas allowed to become law without his signature. In 2013 the legislature decriminalized possession of up to an ounce; i.e. it became a civil infraction. Finally, in May of 2017, the legislature passed a bill legalizing adult possession of one ounce and possession of two mature plants per household, but the bill was vetoed by Governor Scott. However, the following January the House passed an amended version, the Senate followed, and Governor Scott signed it into law. So, while it is legal to possess marijuana in small quantities, it has not been legal to buy or sell it or bring it into Vermont, including marijuana seeds.  It is a highly dysfunctional system in which the black market continues to thrive.

Because of the need and desire for strict regulation, the production and sale of cannabis will be considered a business rather than “farming” and will not be eligible for agricultural tax breaks. However, sections of the Required Agricultural Practices related to operating standards for farming, groundwater quality, and subsurface tile drainage will apply to cannabis cultivation, processing, and manufacturing.

The bill we just passed creates a Cannabis Control Board that will issue licenses and regulate all aspects of the marijuana market in Vermont. There are six types of licenses: Cultivator, Product manufacturer, Wholesaler, Testing laboratory, Retailer, and an Integrated license. A person may hold a maximum of one of each license, except that an integrated license is only available to the current five vertically integrated registered medical cannabis dispensaries in Vermont. Retail cannabis establishments are allowed in a municipality only if the voters of the municipality approve. Other types of licensees cannot be disallowed, but must comply with any local bylaws, ordinances, or permits. The bill bans advertising related to cannabis and requires cannabis and cannabis products intended for human consumption to be tested for contaminants, potency, and quality. All cannabis products remain illegal for persons under 21 years of age.

Taking into consideration roadside safety, all Vermont officers will be required to take 16 hours of Advanced Roadside Impaired Driving Enforcement (ARIDE) training by the end of 2021, and roadside test results and Drug Recognition Expert (DRE) evaluation results will be admissible in court.

A 14% excise tax and the regular 6% sales tax will be assessed on retail marijuana sales. Any local option tax will also apply.  Expected revenues during the first year are around $13M. The revenues from the sales tax will go into the Education Fund for after-school programs, 30% of the excise tax revenue will be used for prevention programs, and the rest will go to the General Fund. The bill is now back in the Senate for its approval or further amendment.

I have been honored to be able to serve you in the legislature and work for the improvement of our environment and quality of life. I’m taking this opportunity to announce that I will be running for re-election again this year and would appreciate your continued support.  I welcome your emails (myantachka.dfa@gmail.com), phone calls (802-233-5238), or in-person contacts.  

The Word in the House 2/27/2020 - Climate Action, Act 250 Changes and Cannabis

After weeks of hard work the Vermont House passed the Global Warming Solutions Act (H.688) with a solid 105 to 37 vote. This bill, the subject of last week’s article which can be found here, is the product of the House Energy & Technology Committee chaired by Representative Tim Briglin of Thetford. It will become the foundation for Vermont’s efforts to reduce greenhouse gas (GHG) emissions in line with the 2016 Paris Climate Treaty.

While the first reduction target is set for 2025 when we require GHG emissions to be 26% below 2005 levels, we can’t assume it will happen without further energy policy changes. These changes must include increases in renewable energy generation beyond our current target of 75% by 2032. Since GHG reduction will mean electrification of a major part of our transportation and heating requirements, we need our electricity to be as carbon-free as well as locally generated as possible. Solar and wind energy generated near the demand for its use with energy storage capability will improve grid reliability and efficiency and provide well-paying jobs for Vermonters. Even before the Climate Council created by the bill develops the plan for carbon reduction, we can directly impact GHG emissions by continuing the EV incentives and residential weatherization assistance in the Governor’s budget.

While the Energy & Technology Committee will continue working on energy policy, other Committees in the House are also hard at work. Before the Town Meeting break several other committees will report out bills that should get a lot of attention.  One bill contains revisions to Act 250 that the Natural Resources, Fish & Wildlife Committee has been working on for two years. Another is the Senate bill on regulation and taxation of recreational marijuana that has been under consideration by the House Government Operations Committee since last year.

The Act 250 revision (H.926) seeks to exempt designated downtowns from Act 250 review and modify criteria to include climate adaptation and mitigation.  A controversial provision to create a statewide professional three-member Act 250 Review Board that would handle all major projects was eliminated by the House Ways and Means Committee as of this writing because of concerns that the provision would make it harder for public participation in the process. The Natural Resources Committee had proposed a hybrid system that would add two regional members of the project’s District Review Board to the three-member panel for major project consideration. Elimination of the provision reverts review back to the regional District Review Boards while retaining the environmental-oriented and downtown development changes.

The Cannabis Tax and Regulate bill (S.54) worked its way through the Government Operations and Ways and Means Committees and is now in the Appropriations Committee. The highlights of the bill’s provisions include creation of a Cannabis Control Board which will make recommendations for any legislation needed to implement the system starting in 2022, issue licenses, and control advertising, product quality and testing. To protect highway safety every law enforcement officer will receive 16 hours of training in impaired driving assessment by the end of 2021, and the number of Drug Recognition Experts (DREs) will be increased.  Field sobriety test results and Drug Recognition Expert evaluation results will be admissible in court. The proposal currently includes an excise tax of 14% and the sales tax of 6% on retail sales. Local option taxes will apply as well.  The 6% sales tax will go to the Education Fund which will help all towns.  

More information on these bills will be posted to my website. I welcome your emails (myantachka.dfa@gmail.com), phone calls (802-233-5238), or in-person contacts.

The Word in the House 4/25/2019 - Legislative Timeline Is Getting Short

The time has come where we’re nearing the end of the legislative session and work needs to be completed on bills if they have any chance of being enacted in this session. For the House, this includes many Senate bills now under consideration.  These include bills for taxing and regulating recreational cannabis sales (S.54), increasing the minimum wage (S.23), requiring a 24-hour waiting period for handgun sales (S.169), and raising the age for buying tobacco products to 21 (S.86).  House bills waiting for similar action in the Senate include broadband development, taxing e-cigarettes, increasing weatherization assistance, increasing child care assistance, and paid family leave, not to mention the major money bills for capital spending, fees, transportation and the budget. Bills that were not passed before crossover (March 15^th) can have a second chance if their provisions are added to a bill that was passed by the other body and deals with the same topic.

The cannabis tax-and-regulate bill is now assigned to the House Government Operations Committee. Recently, Governor Scott stated that he would not sign the bill if it didn’t allow for roadside saliva sampling for THC levels.  The Senate did not include such testing because of the concerns that the results do not conclusively indicate impairment and because saliva testing impacts privacy. The House Judiciary Committee has been asked to review the appropriateness of including saliva testing before Gov Ops bring the bill to the floor for a vote.

The imposition of a 24-hour waiting period for handgun sales is also in House Judiciary.  About half of suicides are by gun and result in fatality 90% of the time compared to other methods.  Failed suicides by other means allow a victim to get counseling and treatment. A 24-hour delay can short-circuit an impulsive act that is irreversible. This bill passed the Senate as a compromise from the first draft requiring a 72-hour waiting period. Concerns about how a longer waiting period would impact gun shows led to the compromise since gun shows are usually held on weekends. One possible amendment being considered is to include long guns (rifles) in the waiting period.

Raising the age to purchase tobacco products to 21 has been passed by the House in previous years only to die in the Senate.  This year the Senate passed a Tobacco-21 bill and sent it to the House. A lot of progress has been made over the years in reducing smoking, especially among our youth. However, with the advent of vaping, addiction to nicotine is on the rise not only in high school but even in middle school. Raising the age for tobacco products would also apply to e-cigarettes and accessories. There is a long list of supporters of this bill, including the leadership of the Vermont National Guard, and the bill is likely to pass on a floor vote.

The House Energy and Technology Committee has possession of Senate bill S.95 which will allow municipal electric utilities like Washington Electric Co-op or the Stowe Town Electric Department to borrow amounts up to 50% of their assets without requiring a vote of their members. This provides our committee an opportunity to add language that will increase the allowable net metering capacity for school districts that have merged from 500 kW to 1,000 kW. This will provide merged school districts the ability to offset a greater amount of their electrical needs with renewable energy while saving taxpayers money.

And a quick note on the weatherization bill that would raise heating fuel prices by 2 cents per gallon. The Senate considers the fuel tax increase too onerous and is considering raising money for low-income weatherization another way.  Meanwhile, fuel oil prices went up 5 cents per gallon in the past month, two and a half times the fuel tax increase, and Vermonters are not getting any additional benefit from it. Did anyone notice? Just sayin’.

I welcome your emails (myantachka.dfa@gmail.com) or phone calls (802-233-5238).  

The Word in the House 1/17/2018 - Hitting the Ground Running

The first week of the 2018 legislative session opened with less ceremony than last year, which was the beginning of the biennium. New members appointed since last May due to resignations were seated, and Speaker Mitzi Johnson made her opening remarks. She acknowledged that each House member was there to promote the best interests of Vermont and Vermonters as they perceived that charge, and she asked us to work together collaboratively to achieve the best results. Recognizing that climate change was one of the most critical challenges of society, she challenged each House committee to take at least one initiative within its purview that would reduce carbon emissions.

The second day was essentially a continuation of the veto session that convened last June to pass the FY18 budget after Governor Scott vetoed it and the marijuana legalization bill. While the budget was passed in June, the marijuana bill did not have enough support to suspend the rule requiring 24 hour notice published in the record before a bill could be voted on. Such a suspension would require ¾ of the body present to pass. So notice to take up H.511 was published in the House Calendar on January 3^rd, and we proceeded to debate it the following day. Two hours of debate in the morning and three after the Governor's State of the State address in the afternoon, primarily consisted of amendments that were offered, only one of which was adopted. The bill to legalize possession of one ounce of marijuana and two mature and 4 immature plants per household in a secure area with penalties for distribution to persons under 21 years of age passed on a vote of 81 to 63.

This is an issue that continues to divide public opinion with strong feelings on both sides. Access to marijuana by young people and driving under the influence are valid concerns. My vote in favor of the bill reflected my opinion that the current status of prohibition is not working. More than 80,000 Vermonters admit to using even while it is illegal, and marijuana is more accessible to teens than alcohol. Like alcohol, it can be abused, but most users do not abuse it. I listened closely to the debate and supported several amendments that I felt would improve it. I don't believe the bill is perfect, but I came to the conclusion that legalization is inevitable. It will be available legally in Massachusetts by the end of the year, and Quebec is on the path of legalization as well. The bill increases penalties for distribution to minors and increases the number of State Police officers trained to be Drug Recognition Experts (DREs). In my opinion marijuana should be taxed and regulated like alcohol. While this bill does not provide for that, I believe that Vermont will adopt a tax-and-regulate system in the next year or two.

I welcome your concerns and opinions and can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com). 

Legislative Report 4/5/2017 - Marijuana Legalization

Any issue under consideration by the legislature that is controversial will generate a lot of emails and phone calls from constituents and from advocates, both pro and con. Marijuana legalization is the controversial issue of this session, and I heard from many of you as well as from organizations advocating for and against legalization. I have taken the time to read the emails and listen to the phone calls, and I have tried to answer most of them. I also discussed the issue with fellow legislators, with doctors, police, attorneys, and teens. I found people in all those categories on both sides of the issue.

My two major concerns about marijuana have to do with driving under the influence and its use by youth. Anything that alters perceptions and slows reactions is dangerous when combined with driving. This is true of marijuana and equally true of alcohol. Young people, whose brains continue to develop well into their twenties, risk their futures with heavy use of marijuana which dulls ambition as addiction takes over. And while tobacco is more of a stimulant, it can do considerable damage to a person's physical health. All of these have greater effects on young people than on adults.

So, any of these substances can be abused with terrible consequences. Prohibition did not work for alcohol and, so far, hasn't worked for marijuana, either. However, education and regulation can minimize abuse even if it doesn't eliminate use. The fact is, marijuana has been easy to get whether we want to recognize it or not. Ask a high school student and they'll probably tell you that it is easier to obtain marijuana than alcohol. Those that want to use it will use it with or without legalization, and those that recognize the danger will avoid it. There will be irresponsible people who get behind a wheel while high just as there are irresponsible people who get behind a wheel after drinking. We should not tolerate either behavior, whether or not the substances are legal.

Another concern is whether marijuana is a gateway drug, leading a user to try more dangerous drugs. Data does not substantiate that, and we are now seeing that over-prescription of pain killer drugs to treat injuries or pain after surgery has been a much greater precursor to opiate addiction.

H.170 eliminates all penalties for the possession of one ounce or less of marijuana for a person 21 years old or older while retaining civil and criminal penalties for possession of larger amounts and criminal penalties for unauthorized dispensing or sale of marijuana. It also allows up to two mature marijuana plants to be cultivated by a person 21 or older with a limit of two plants per dwelling. The bill retains civil penalties for possession of marijuana by a person under 21, the same as for alcohol, and exacts heavy penalties on anyone who furnishes marijuana to a person under 21 and on anyone, regardless of age, who drives under the influence. Consumption of marijuana in public places is also forbidden. The bill was presented on the floor of the House, but before much debate took place, the body voted to send the bill to the Human Resources Committee for further consideration.

As one doctor told me, “accepting that there are potential dangers associated with the use of marijuana should not automatically lead one to favor continued criminalization. The policy of criminalization also has serious adverse effects for individuals and for society. These include impacts on the criminal justice system, how citizens view the law, and high rates of incarceration. Criminalization will not stop people from using marijuana. … It may even be beneficial to go further and legalize sale so that marijuana users could be protected from illegal dealers who may adulterate marijuana with dangerous substances.” I agree with this assessment and will vote for H.170 when it comes to the floor again.

I encourage you to let me know your concerns and opinions. I can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com).

Legislative Report 10/29/2016 - Looking Ahead

As we approach the election, I want to thank my Charlotte and Hinesburg constituents for your confidence in me and the work I have been doing for the last six years in the Legislature.  I want you to know that I do not take your support for granted and will continue to keep you apprised of what is transpiring in the Vermont House on a regular basis during the session through my weekly columns in our local newspapers. Two-way communication is essential, so I welcome your input as well.

The campaign rhetoric at the national level is very disconcerting to me and, I’m sure, to you as well. The strength of our great nation – and it continues to be Great – is our ability to engage in civil discourse despite our disagreements and work collectively for solutions to the problems affecting our society, economy and environment.  Here in Vermont we still seem to be able to accomplish that feat.  While everyone may not be perfectly satisfied with an outcome, all voices will be heard and acknowledged, and compromises will be reached.  A good example of that is the energy project siting bill that we passed last session, which includes taking wind turbine generated noise into consideration for future projects.  On the most controversial issues, such as marijuana legalization, gun regulation, and vaccine requirements, the legislature holds extensive public hearings and takes this input into consideration as legislation is developed.

There are always controversial issues that confront the Legislature, and the upcoming session will be no different.  Marijuana legalization will again be considered.  We now have more data coming from Colorado and other states that have already legalized marijuana.  According to a report cited by Health Commissioner Dr. Harry Chen, teen use of marijuana in Vermont is already twice as high as tobacco use.  Frequent marijuana use by teens and young adults harms brain development and has a strong correlation with poor academic performance. With public input and recommendations from the Health Department, we will hopefully be able to come up with reasonable regulations as well as increase efforts to discourage its use among teens. 

I also expect a strong push to pass legislation requiring background checks for all firearm purchases, which I support.  With or without the support of the new Governor, this legislation will be introduced for consideration in 2017. While Vermont may not see the same amount of gun violence as other states, our lax gun regulations make it easy for criminals to buy guns here and take them back to Massachusetts, Connecticut, or New York.  According to New York’s Attorney General, 1% (489) of the 52,000 traceable guns involved in crimes in New York alone came from Vermont (ref. https://targettrafficking.ag.ny.gov/tool/).  I-91 on the other side of Vermont is known by law enforcement as the “Iron Highway” because of the exchange of drugs for guns by out-of-state criminals along this corridor. Background checks will also provide additional protection for victims of domestic violence.

While refugee resettlement is not an area over which the State of Vermont has jurisdiction, it did become an item of discussion late in the 2016 session. The Vermont Refugee Resettlement Center in Colchester coordinates the resettlement program for all of Vermont. Rutland Mayor Chris Louras announced in April that Rutland was willing to accept 100 Syrian refugee families for resettlement in Vermont.  Because his announcement caught City Council members as well as the general public by surprise, a negative reaction resulted in dividing residents of Rutland.  The greater Burlington area, including Charlotte, has been host to refugees from many trouble spots across the world, including Bosnia, the Congo, Somalia and Bhutan. I recently had the occasion to speak with Mr. Puspa Luitel, a Charlotte resident and member of our Planning Commission, about his experience.  As a result of that conversation I have arranged with the Resettlement Center to sponsor a public forum on November 15^th at the Charlotte Senior Center from 7:00 to 8:30 PM. It will feature some of Vermont's newest residents, including Mr. Luitel, who will share their experiences both before and after their arrival.  I hope you will consider attending what should be a very informative event. 

As always I want to hear from you.  I can be reached on my cell phone at 233-5238 or via email at myantachka.dfa@gmail.com.

Legislative Report 4/18/2016 - Highs and Lows of Marijuana Legislation

Every session seems to have its own highly controversial issue – end of life, vaccines, gun control.  This year it's marijuana legalization. The Vermont Senate passed S.241 in March on a vote of 17-12. Under this measure the state would regulate cannabis from seed to sale and legalize its use by adults. The Health Department would establish prevention and education programs, and the Department of Public Safety would regulate licensed marijuana businesses. Retail sales would be taxed at 25% and proceeds would fund substance abuse prevention, education, treatment and law enforcement. Selling or giving marijuana to and possession and use of marijuana by anyone under age 21 would be prohibited as would driving under the influence of marijuana. Unlicensed growing, selling and possession of more than one ounce of marijuana would be prohibited and current penalties would still apply.

 

After leaving the Senate, S.241 was assigned to the House Judiciary Committee. After four weeks of testimony and discussion, including joint hearings with the Government Operations Committee and the Human Services Committee and a two-hour public hearing in the well of the House, the Judiciary Committee voted out a rewritten S.241 on April 8. With this amendment the Judiciary Committee recognizes that Vermont must address public health and safety issues from marijuana use that currently confront the state. It stops short of legalization, but allows the state to prepare for the eventuality that legal marijuana use will come to our region, while also addressing current concerns. It retains certain provisions of the Senate bill, including an education and prevention program including drugged driving prevention, creating a crime for certain dangerous chemical extraction processes, prohibiting the consumption or possession of marijuana in a motor vehicle, requiring additional training for law enforcement, and establishing a workforce study committee. Last week the House Ways and Means Committee took the Judiciary version and restored the legalization of up to one ounce of marijuana and cultivation of up to two plants with a license from the Health Department. They also stripped appropriations for the Department of Public Safety for enforcement and lab testing while retaining those requirements.

 

According to the Rand Corporation report commissioned by the Legislature, 80,000 Vermonters currently use marijuana. With the legalization issue gaining momentum throughout the country, it is likely that Vermont will also do so at some point. If we do, we must do it carefully and with our eyes wide open. Proponents point to increased revenue from taxation, displacing the current black market, and the benign effects of marijuana compared to alcohol consumption. However, data out of Colorado indicates that there was an 8% increase in the number of 12 to 17 year olds using marijuana in the first year of legalization, and a 32% increase in marijuana-related traffic fatalities during the first year. Moreover, the revenues from taxing marijuana sales will likely be significantly diminished by the costs of regulation and enforcement. If we are concerned with the safety and welfare of the general population, we need more time to assess the long term effects of legalization. We should also have at least as much control over sales as we have over alcohol. Colorado, Oregon, Washington, Alaska and the District of Columbia are the laboratories of this experiment. Before potentially endangering our youth further by this addictive substance or experiencing increased road fatalities resulting from an influx of out-of-state drivers or Vermonters driving under the influence, waiting for a careful assessment of the results from those jurisdictions before we become a laboratory ourselves may be a more prudent path.

 

I always welcome your thoughts and can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com).

The Word in the House 4/4/2016 - Dental Therapists, Permitting and Marijuana

The 2016 legislative session is now two-thirds finished and is projected to end by the first week in May. Several bills have been sent to the House from the Senate and are now being considered by various committees. Here is a brief description of a few of them.

 

One bill, S.20, would create a new licensed professional category of Dental Therapist. This is a level of training between a Dental Hygienist and Dentist. A Dental Therapist would be required to have all the training of a Dental Hygienist as well as graduate from an accredited dental therapist educational program. They would be licensed to provides oral health care services, including prevention, evaluation and assessment, education, palliative therapy, and restoration under the general supervision of a dentist. They would only be allowed to practice in settings or areas with a significant volume of low-income, uninsured, or under-served patients. The impetus for this legislation has been the lack of sufficient and affordable dental services in many rural communities of Vermont. The bill is currently under review by the House Human Services Committee.

 

Another bill, S.123, seeks to streamline the permitting of projects under the jurisdiction of the Department of Environmental Conservation in the Agency of Natural Resources. The bill consolidates 85 current processes into five processes and standardizes the procedures for notifications and approvals, including

• requiring pre-application public participation for large or complex permit applications,

• requiring notice of the application for all permits except emergency permits,

• providing interested persons (other than the applicant) an opportunity to provide expert or detailed opinion to ANR technical staff prior to a public comment period,

• requiring administrative records for all DEC acts or decisions, and

• requiring fact sheets for all individual permits.

The bill also requires ANR to develop one web-based portal that is searchable for projects that are on notice by project name, permit type (e.g., stormwater), or geographic location. Interested persons would be able to "subscribe" to be notified when key project milestones take place. It also creates two standardized notice periods, 30 days for major permits, 10 days for minor permits, and allows emergency permits to be issued without notice. The House Natural Resources and Energy Committee is in the process of reviewing this bill.

 

Finally, S.241, the marijuana legalization bill, has been assigned to the Judiciary Committee. Additionally, it is undergoing a thorough evaluation by several other committees, including Government Operations, Human Services, Health Care, and Agriculture. Judiciary and Government Operations held an evening public hearing last week in the House chamber for one and a half hours, taking testimony from both advocates and opponents. Deliberations are expected to continue for several weeks as the potential benefits and consequences are evaluated.

 

I welcome your thoughts and can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com).

Legislative Report 1/11/2016 - Reflections on the State of the State

The first week of a legislative session features a joint session of the House and Senate called to hear the Governor address the state of the State.  Amid the formal ceremony in the chamber of the House where the members of the Senate sat in their special seats near the podium, distinguished guests sat in additional chairs in the center of the well of the House, and other special guests sat among the members of the House and in the balcony, Governor Shumlin gave the last state of the State address of his six year tenure.

He made note of many accomplishments including a renewable energy policy that has grown thousands of new jobs while holding down electric rates, a strong and successful response to tropical storm Irene, success in getting 16,000 Vermonters health insurance they didn't have before, refocusing the criminal justice system from incarceration to rehabilitation, and expanding access to higher education for Vermont students through various innovative programs. On a lighter note, he touted the successes of the micro-brew, cheese and local food movements.

Looking to the future he focused on the economy, education and marijuana legalization among other things.  He said he is looking forward to signing the Paid Sick Leave bill, which passed the House last year, is expected to pass the Senate early this session. He announced a $1 million grant from the Enterprise Fund to Global Foundries to make 100 temporary jobs permanent.  And he called for quickly postponing or repealing the caps on education spending enacted in Act 46 last year. This approach is in contrast to the direction proposed by members of the House to raise the cap by 0.9%.

I was pleased to see that the Governor stipulated five criteria before he would sign any legislation legalizing recreational marijuana: 1) the market must keep it out of the hands of kids, 2) it must be taxed low enough to prevent a black market, 3) revenues must be used to expand addiction programs, 4) there must be a way to detect driving under the influence, and 4) it should include a ban on the sale of edible marijuana products.  These criteria are necessary but, in my opinion, there should also be a detailed analysis of the experiences of Colorado and Washington regarding the increased usage, especially by teenagers, and the additional costs to society as a result of DUI, marijuana tourism, and the use of other drugs accompanying marijuana use.

The Governor's focus on addressing the opiate crisis remains unabated.  He harshly criticized the FDA for approving stronger pain killers and the use of Oxycontin for children and denounced the pharmaceutical industry for transforming “compassionate pain management” into “pain for profit.”  He proposed limiting prescriptions for opiate pain medications after minor procedures to 10 doses at a time, increasing the periodic drug take-back events, and expanding the use of the prescription drug monitoring database to physicians and pharmacies in nearby states to reduce cross-border abuse.

Finally, I am proud that he continues to support accepting refugees from the civil war in Syria who pass the extensive and lengthy background checks by UNHCR and our own State Department.  As this past Sunday's Doonesbury strip noted, why should a potential terrorist go the refugee route when it is easier to just get a tourist visa?  Our country must continue to show compassion to those genuinely seeking shelter from terrorists rather than creating a fortress mentality.  After all, we are “the land of the free and the home of the BRAVE,” are we not?

 

I welcome your thoughts and can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com). 

The Word in the House 5/1/2014 - GMOs, Raw Milk, Medical Mj, Telemedicine

The pressure is on in the legislature to tie up loose ends and move bills to the floor for final passage before we adjourn.  Bills that originated in the Senate are now reaching the House floor for a vote.  Some House bills have been sent back from the Senate with changes that have to be approved by the House before proceeding to the Governor’s desk.  Several significant bills were passed last week, and these are a few of them.

The bill that got the most media coverage was H.112, which requires foods that contain genetically engineered ingredients (also known as GMOs), to be labeled as such by producers.  As reported in the 4/27/14 issue of the Burlington Free Press, the U.S. Department of Agriculture reports that 93% of soybeans and 88% of corn grown in the U.S. are genetically modified and are ingredients in more than 70% of food products on store shelves today.  The biotechnology industry as well as the Grocery Manufacturers Association opposed the bill, but the Vermont public, including 76% of Charlotte respondents to the Doyle Poll, overwhelmingly supports the right to know what is in their food.  The bill passed overwhelmingly in both the Senate and House.

The House also passed the Raw Milk bill, S.70, which will allow farmers producing up to 280 gallons per week to deliver their product to existing customers at farmers' markets. The raw milk regulations that have been in place for five years are rigorous and prescribe the good practices that producers must follow to ensure public health and safety.  Vermont raw milk dairies have consistently produced a high quality and safe product. The provisions in this bill will ensure that consumers can pick up fresh, safe milk from farmers with whom they have an established relationship at more convenient times and locations.

Changes were also made to the regulations for medical marijuana dispensaries with the passage of S.247 by the House.  The bill eliminates the 6 month waiting period for patients with a terminal illness, with cancer which has metastasized, or with AIDS.  It also adds naturopathic physicians with a special license to prescribe, dispense, and administer prescriptions to the list of medical professionals who can provide a medical verification form to a patient for marijuana therapy.  Recent news reports have profiled children that suffer from intractable seizures and their successful treatment in Colorado with a special marijuana extract called "Charlotte's Web".  Unfortunately, federal law prohibits the extract from being transported outside of Colorado, so another provision in S.247 allows the development of such a product in Vermont to treat these young patients. 

Other bills deserving mention that passed include S.234, which authorizes Medicaid coverage for remote monitoring of data via the internet related to a patient’s health in conjunction with a home health plan of care, and H.356 which prohibits littering on the waters of the state.  The latter bill also establishes September as River Green Up Month, similar to Green Up Day which we are celebrating this weekend. 

Legislative Report 4/25/2013 - Decriminalizing Marijuana

It’s a weed and goes by that name.  Its scientific name is Cannabis but is more commonly known as marijuana. Last year 2 states, Oregon and Colorado, legalized marijuana.  Vermont and several other states have legalized its use for medicinal purposes.  However, federal law still prohibits its use for any purpose.  Marijuana policy is always controversial with advocates for and against legalization, and trying to find a reasonable approach to controlling a substance that is prevalent despite its prohibition is a challenge. 

Last week the Vermont House passed H.200 decriminalizing possession of less than one ounce of marijuana.  However, possession of marijuana in any amount without a doctor’s written statement of need for a recognized illness is still illegal in Vermont.  The bill is now under consideration by the Vermont Senate.  It is important to understand exactly what H.200 does as well as the rationale for its purpose.

Teenagers will often push the limits of their freedom and sometimes make bad decisions. Parents often don’t know that their teen is smoking, drinking or using marijuana until their child gets in trouble. The important thing is to find a way to intervene and get them back on the right path. A teenager who gets caught in Vermont with marijuana can face consequences which can have lasting negative effects on their future. 

Under present law anyone caught in possession of marijuana regardless of the amount is subject to criminal prosecution.  The charges are felony possession of a controlled substance.  A person convicted of this violation is subject to prison time as well as a fine, although a judge may assign the offender to a court diversion program if it is a first offense.  Penalties increase for subsequent instances of possession and as the amount possessed increases.  Additional consequences include ineligibility for federal college loans and college tuition tax credits.  Ironically, because of these serious consequences and the stricter requirements for prosecution, arresting officers who catch a teenager smoking marijuana will sometimes just confiscate the substance, warn the individual, and let them go.  This treatment is unlikely to change the attitude of the teen.

H.200 retains the current penalties for amounts greater than one ounce.  Furthermore, a person over 21 years of age caught smoking marijuana on a school bus transporting minors or within 100 feet of a school building is subject to charges of felony possession.

Possession of less than one ounce of marijuana becomes a civil violation under H.200, similar to a motor vehicle violation.  This means that it is subject to a fine, but it does not carry a criminal charge.  In addition to a $300 fine, the individual will have their driver’s license suspended for a period of time and be required to participate in the court diversion program.  Since there will be no excuse for not charging a teenager with possession if criminal charges are not involved,  more consistent enforcement of the civil penalty will increase the chances for intervention.  The necessity of coming up with $300 and attending court diversion is more likely to bring this bad decision to the parents’ attention and provide a much needed opportunity for a life-changing conversation.

 
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