Vermont Cannabis Laws: Complete Guide 2026
Vermont became the first state to legalize recreational cannabis through its legislature (rather than a ballot initiative) when Governor Phil Scott signed H.511 (Act 86) in January 2018. Adult-use retail sales began October 1, 2022 under Act 164. The medical cannabis program has operated since 2004.
Is Marijuana Legal in Vermont?
Yes, both medical and recreational marijuana are legal in Vermont:
- Medical Cannabis: Legal since 2004
- Recreational Possession: Legal since July 1, 2018 (Act 86)
- Adult-Use Sales: Legal since October 1, 2022
- Home Cultivation: Legal (2 mature + 4 immature plants)
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| Medical Marijuana Program | 18 V.S.A. Chapter 86 | 2004, expanded 2011 |
| Personal Possession/Cultivation | Act 86 (H.511), 18 V.S.A. § 4230a-4230g | July 1, 2018 |
| Commercial Framework | Act 164 (S.54) | October 7, 2020 |
| Adult-Use Retail Sales | 7 V.S.A. Chapter 33 | October 1, 2022 |
Cannabis Control Board (CCB)
The Cannabis Control Board oversees Vermont's cannabis industry, including medical and adult-use programs.
Contact Information:
- Website: ccb.vermont.gov
- Email: ccb@vermont.gov
- Phone: (802) 636-7200
- Medical Registry: medicalmarijuana.vermont.gov
Adult-Use Cannabis (21+)
Under 18 V.S.A. § 4230a, adults 21 and older may:
Possession Limits:
- 1 ounce of cannabis flower in public
- Up to 1 ounce at home
- 5 grams of hashish or concentrates
- Cannabis products equivalent to possession limits
Home Cultivation:
- Up to 2 mature (flowering) plants per household
- Up to 4 immature (vegetative) plants per household
- Plants must be: in a secure location, not visible from public, inaccessible to anyone under 21
- One household maximum regardless of residents
Prohibited Activities:
- Public consumption (civil penalty)
- Consumption in motor vehicles
- Providing cannabis to persons under 21
- Possession on school grounds
- Exceeding possession/cultivation limits
Medical Cannabis Program
Vermont's medical cannabis program operates under 18 V.S.A. Chapter 86 and is separate from the adult-use market.
Qualifying Conditions:
- Cancer
- AIDS/HIV positive
- Multiple sclerosis
- Positive status for hepatitis C and receiving treatment
- Crohn's disease
- Parkinson's disease
- PTSD (Post-traumatic stress disorder)
- Glaucoma (if conventional treatments fail)
- Chronic pain (severe)
- Wasting syndrome (severe, intractable)
- Nausea (severe, intractable)
- Seizures (severe, intractable)
Medical Patient Benefits:
- Higher possession limits (2 ounces vs. 1 ounce)
- Higher cultivation limits (2 mature + 7 immature plants)
- Lower taxation (no excise tax on medical)
- Access to medical-specific dispensaries
- Priority service at some locations
Patient Registration
Requirements:
- Vermont resident
- Certification from a Vermont-licensed healthcare provider
- Register through Medical Marijuana Registry
- Pay registration fee: $50 (annual)
Card Validity: 1 year from issuance
Caregiver Requirements
Medical patients may designate caregivers:
- Must be at least 21 years old
- Must be Vermont resident
- Must pass background check
- May assist up to 2 patients
- Must register with Medical Marijuana Registry
Dispensary System
Vermont has a dual market system:
Medical Dispensaries:
- Originally 5 licensed dispensaries
- Serve registered medical patients
- Regulated by CCB
Adult-Use Retailers:
- Licensed retail cannabis establishments
- Open to adults 21+ with valid ID
- Subject to state and local licensing
Taxation
Adult-Use Cannabis:
- 14% excise tax on retail sales
- 6% state sales tax
- Local option tax up to 1% (where applicable)
- Total effective tax rate: Approximately 20-21%
Medical Cannabis:
- 6% state sales tax only
- Exempt from 14% excise tax
Penalties for Violations
Adults 21+ Civil Penalties:
| Violation | Penalty |
|---|---|
| 1-2 oz possession | Civil violation, up to $200 fine |
| Public consumption | Civil violation, up to $100 fine |
| Exceeding plant limits | Civil violation, up to $500 fine |
Criminal Penalties: Under 18 V.S.A. § 4230:
| Offense | Classification | Penalty |
|---|---|---|
| Possession 2-8 oz | Misdemeanor | Up to 6 months, $500 fine |
| Possession > 8 oz | Misdemeanor | Up to 1 year, $500 fine |
| Distribution < 1 lb | Misdemeanor | Up to 2 years, $10,000 fine |
| Distribution 1-10 lbs | Felony | Up to 5 years, $100,000 fine |
| Distribution > 10 lbs | Felony | Up to 15 years, $500,000 fine |
| Sale to minor | Felony | Enhanced penalties |
Driving Under the Influence
Driving under the influence of cannabis is prohibited under 23 V.S.A. § 1201.
Vermont uses a behavioral impairment standard with Drug Recognition Expert (DRE) evaluations.
DUI Penalties:
- 1st offense: Up to 2 years prison, $750 fine, 90-day license suspension
- 2nd offense (within 20 years): Up to 2 years prison, $1,500 fine, 18-month suspension
- 3rd offense: Up to 5 years prison, $2,500 fine, lifetime suspension
Medical patients are NOT exempt from DUI laws.
Employment Rights
Vermont provides limited employment protections:
- Medical patients have no explicit employment protection
- Employers may maintain drug-free workplace policies
- Employers may prohibit on-duty use and impairment
- Employers may take action for positive drug tests
- Federal contractors must comply with Drug-Free Workplace Act
Local Regulations
Under Vermont law, municipalities may:
- Opt-out of retail cannabis sales by town vote
- Establish local licensing requirements
- Collect local option tax (up to 1%)
- NOT prohibit personal possession or home cultivation
- Establish zoning and location requirements
Social Equity Program
Vermont's cannabis law includes social equity provisions:
- Priority licensing for social equity applicants
- Technical assistance and support programs
- Community reinvestment from cannabis tax revenue
- Emphasis on local small-scale cultivation
Key Resources
- Cannabis Control Board: ccb.vermont.gov
- Medical Marijuana Registry: medicalmarijuana.vermont.gov
- Vermont Legislature: legislature.vermont.gov
- Vermont Statutes Title 18 Ch. 84: legislature.vermont.gov/statutes/chapter/18/084
- Licensed Retailers: ccb.vermont.gov/retailers
Timeline of Legalization
| Date | Event |
|---|---|
| 2004 | Medical marijuana program established |
| 2011 | Medical program expanded, dispensaries added |
| 2013 | Possession < 1 oz decriminalized |
| January 22, 2018 | H.511 (Act 86) signed - first legislative legalization |
| July 1, 2018 | Personal possession and cultivation legal |
| October 7, 2020 | Act 164 signed - creates commercial framework |
| October 1, 2022 | Adult-use retail sales begin |
This information reflects Vermont cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.