The Vermont Cannabis Control Board (CCB) has released a report outlining its findings and recommendations regarding the regulation of outdoor cannabis cultivation and advertising in the state. The report, mandated by Act 166 (2024), Section 18, suggests several key adjustments to existing regulations to better balance public health, municipal interests, and the economic viability of the cannabis industry.
Outdoor Cultivation
The CCB’s report indicates that the impact of outdoor cannabis cultivation on local municipalities has been minimal in most towns. However, it acknowledges that conflicts can create unique challenges. To address this, the board suggests standardizing guidelines for measuring setbacks and establishing processes for resolving related disputes.
• The report recommends measuring setbacks from the property line to the nearest stalk of the plant, excluding barns and processing buildings from the measurement.
• The board also suggests that setback requirements should not apply to existing outdoor cannabis cultivators.
• The report calls for removing the automatic nature of the setback provision from the law, instead allowing towns to create setbacks using limits set in Act 166 (2024) through their Local Cannabis Control Commissions.
• The CCB recommends re-evaluating the use of Cultivation Districts, as only 2% of municipalities surveyed are certain they will take steps to create one. The board suggests exploring alternative approaches that would better balance local control with equitable market access, and notes that clustering multiple cultivation sites could increase the risk of contamination.
• The report recommends that outdoor cannabis cultivation continue to be entitled to the rebuttable presumption that it does not constitute a nuisance, similar to farming. This recommendation is based on the environmental benefits of outdoor cultivation and the equitable treatment of cannabis relative to hemp cultivation.
• The CCB supports expanding the authority of Local Cannabis Control Commissions (LCCs), especially regarding oversight of new license types, such as event permitting and on-site consumption permits. The board also emphasized the importance of clarifying the roles and responsibilities of LCCs in relation to the CCB.
Impact on Existing Cultivators
The report notes that siting requirements could have a significant impact on existing licensed outdoor cultivators. A preliminary mapping study identified 11 outdoor cannabis cultivation licenses that could be directly impacted by setback provisions. The board also notes there may also be additional impacts that were not immediately identifiable in the preliminary study. The CCB is concerned about the impacts of siting provisions on the safety, efficiency, and equity of the cannabis market.
Cannabis Advertising
The CCB’s report also addresses the impact of modifying the law governing cannabis advertising.
• The report finds that Vermont’s licensed cannabis establishments are at a disadvantage as they compete with out-of-state cannabis companies and multi-state brands that are not bound by Vermont’s strict advertising standards.
• The board believes that incremental changes to advertising laws could support Vermont’s market in its efforts to compete with out-of-state brands while still keeping public health in mind.
• The report notes that there are differing opinions from stakeholders, with some advocating for easing restrictions to enhance competitiveness and others emphasizing the importance of maintaining strict rules to protect public health and prevent youth access.
Next Steps
The Vermont Cannabis Control Board has submitted this report to the Senate Committees on Government Operations and on Economic Development, Housing and General Affairs, and the House Committees on Government Operations and Military Affairs and on Commerce and Economic Development. The recommendations will be considered as the state continues to refine cannabis policy and support a sustainable and equitable industry.
