Vermont cannabis rules, guidance get updates based on feedback

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MONTPELIER — Greater clarity on policy and guidance is a major goal for the Vermont Cannabis Control Board. 

Updates are continually made in the nascent market. 

“Usually it just happens in response to a lot of different people reading a lot of the same words on the paper differently,” CCB Chairman James Pepper said in an interview. “There’s statute, there’s rules, there’s guidance.” 

Statute is law enacted by the Legislature. Rules are created in accordance with statutes.

“But there’s always ambiguity that needs clarification in rule,” Pepper said.”Then guidance is there to interpret the rules but it doesn’t have any legal force. It just shows the world how we’re interpreting the rules.” 

When regulators began noticing that rules aren’t lining up with their intent, changes can be made. Pepper said there’s no set schedule for such updates. 

Licensing and compliance teams at the CCB go back and listen to board meetings to see where confusion lies. 

“If someone raised a novel issue, they can address it,” Pepper said. “We all are listening and we are all taking notes.” 

When an issue reaches the board level, members are asked to weigh in before a final determination is made. Pepper said CCB staff present rule amendments, explain the rationale then the board collects comments over a period of time before updates are finalized. 

Currently, language is being crafted to update rules on cultivation tiers and retail siting. Pepper is putting together a request for proposals for an updated market analysis and working groups are tackling topics lawmakers wanted information on. 

At a recent board meeting, cannabis business operators raised concerns about the pathway to getting approval for cannabis pre-rolls mixed with CBD hemp. Pepper said he doesn’t fully understand the issue yet, but he ventured to say that it likely has to do with cannabis and the CBD hemp needing to be tested again when combined. 

“There’s a lot of nuance here,” he said. 

Tito Bern, cofounder of Bern Gallery in Burlington, told the board his group grows hemp with high CBD levels in their indoor grow alongside their cannabis with high THC levels then blends the ground flower into a joint together.

“So it’s not one cultivar that both has high CBD and high THC,” he said. “We’re actually blending the ground product.”

Bern noted the challenge in having to get brand new samples of testing for certificates of analysis as if his group was making an infused product.

“It’s really just a flower pre-roll,” he said. 

Dave Silberman, co-owner of FLORA Cannabis in Middlebury, told the board the topic is “something that could maybe use a little bit of higher level thought from the board guidance to the compliance team as to what it is they should be looking for to ensure safety on this stuff.”

”}]] MONTPELIER — Greater clarity on policy and guidance is a major goal for the Vermont Cannabis Control Board.  Read More