Vt. Stat. Ann. tit. 7, § 978
Advertising
Redline — July 1, 2021 → current.View current text →
Current — June 1, 2022
As of July 1, 2021
(1) A dispensary shall not be regulated as "farming" under the Required Agricultural Practices, 6 V.S.A. chapter 215, or other State law, and cannabis produced from cultivation shall not be considered an agricultural product or agricultural crop for the purposes of 32 V.S.A. chapter 124, 32 V.S.A. § 9741, or other relevant State law. (a) (1) A dispensary shall not be regulated as "farming" under the Required Agricultural Practices, 6 V.S.A. chapter 215, or other State law, and cannabis produced from cultivation shall not be considered an agricultural product or agricultural crop for the purposes of 32 V.S.A. chapter 124, 32 V.S.A. § 9741, or other relevant State law.
(2) Notwithstanding subdivision (1) of this subsection, the cultivation of cannabis on agricultural land and the use of farm buildings to dry or process that cannabis shall not disqualify the land or buildings from the use value appraisal program or constitute "development" under 32 V.S.A. § 3752(5), provided that: the agricultural land or farm building is enrolled in the use value appraisal program at the time cannabis cultivation commences;
(3) the agricultural land or farm building is not transferred to another owner;
(4) the cultivation, drying, or processing of cannabis is done by a license on 1,000 square feet or less of agricultural land; and
(5) all other requirements under 32 V.S.A. chapter 124 continue to be met.
(6) The cultivation, processing, and manufacturing of cannabis regulated under this chapter shall comply with all applicable State, federal, and local environmental, energy, or public health law, unless otherwise provided under this chapter.
(7) A dispensary regulated under this chapter shall be subject to regulation under 24 V.S.A. chapter 117 as authorized by this chapter.
(8) The cultivation, processing, and manufacturing of cannabis regulated under this chapter shall comply with the following sections of the Required Agricultural Practices: (d) (1) The cultivation, processing, and manufacturing of cannabis regulated under this chapter shall comply with the following sections of the Required Agricultural Practices: section 6, regarding conditions, restriction, and operating standards;
(9) section 8, regarding groundwater quality and groundwater quality investigations; and
(10) section 12, regarding subsurface tile drainage.
(11) Application of or compliance with the Required Agricultural Practices under subdivision (1) of this subsection shall not be construed to provide a presumption of compliance with or exemption to any applicable State, federal, and local environmental, energy, public health, or land use law required under subsections (b) and (c) of this section.
(12) Persons cultivating cannabis or handling pesticides for the purposes of the manufacture of cannabis products shall comply with the worker protection standard of 40 C.F.R. part 170. Added 2019, No. 164 (Adj. Sess.), § 12, eff. March 1, 2022.
(1) “Advertise” and “advertisement” have the same meaning as in section 861 of this title.
(2) A dispensary advertisement shall not contain any statement or illustration that: is deceptive, false, or misleading;
(3) promotes overconsumption;
(4) represents that the use of cannabis has curative effects;
(5) offers a prize, award, or inducement for purchasing cannabis or a cannabis product, except that price discounts are allowed;
(6) offers free samples of cannabis or cannabis products;
(7) depicts a person under 21 years of age consuming cannabis or cannabis products; or
(8) is designed to be or has the effect of being particularly appealing to persons under 21 years of age.
(9) Dispensaries shall not advertise their products via any medium unless the licensee can show that not more than 15 percent of the audience is reasonably expected to be under 21 years of age.
(10) All advertisements shall contain health warnings adopted by rule by the Board in consultation with the Department of Health.
(11) All advertisements shall be submitted to the Board on a form or in a format prescribed by the Board, prior to the dissemination of the advertisement. The Board may: require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the Board determines that the advertisement would be false or misleading without such a disclosure; or
(12) require changes that are necessary to protect the public health, safety, and welfare or consistent with dispensing information for the product under review.
(13) The Board may charge and collect fees for review of advertisements.
Official source: Vermont General Assembly. Reproduced from public-domain Vermont statutes; confirm against the official source for the current text. Not legal advice.