Gifting Recreational Cannabis in Vermont Defined as Illegal

[dropcap class=”kp-dropcap”]V[/dropcap]ermont cleared the most difficult hurdle of both legalizing and implementing a recreational cannabis program, which went live on July 1. Now, the next news in the Vermont saga is in regards to the conversation of “gifting” recreational cannabis, which the Attorney General’s Office recently defined as an illegal act.

The Vermont Attorney General’s Office released a statement on July 23 to clarify how the state’s cannabis law, Act 86, affects gifting. “Additionally, Act 86 does not legalize the gifting of any amount of marijuana to individuals under 21 years of age or an amount of marijuana greater than one ounce. Vermonters may not consume marijuana in public places or in motor vehicles under the new law,” the statement reads. The Act in its entirety can be found here.

The statement was warranted because some Vermont businesses are viewing gifting as a loophole to deliver one ounce or less of cannabis per delivery. As an example, the Burlington Free Press notes that some so-called delivery fees are $40 for an eighth of an ounce of cannabis. Some purchases can reach up to $280 for an entire ounce.

Prior to the Attorney General’s announcement, event legislators such as Representative Maxine Grad agreed that information is necessary. “What the businesses are doing is certainly creative,” said Grad. “It’s not clear that it is in violation of the law. It certainly is something that needs to be addressed.”

Fortunately, some delivery service owners also welcome more details about what is and is not allowed. “I welcome and I wish for clearer guidance from the state as to how businesses like mine can operate responsibly,” said Rolling Flower Founder Andrew Burns. Additionally, business owners Stuart Dowd and his partner Jody Pearce seek legitimacy over all else. “I want to be a legitimate entrepreneur. I want to be a legitimate businessman,” Dowd said. “And it’s not out of the realm of possibility. I mean, if everybody can cooperate and we can sit down, and we can all talk about this like adults do, and we can work it out.”