Vermont has enacted a law (HB 511) that: (1) eliminates existing civil penalties specific to the possession of up to two ounces of cannabis; and (2) removes criminal penalties with regard to the private cultivation of six marijuana plants by adults who are 21 years or older. The law also imposes civil penalties for consuming cannabis while driving. However, the law does not legalize the taxed and regulated commercial production and sale of marijuana.
Importantly, the new law does not affect an employer’s ability to enact and enforce workplace policies restricting the use of marijuana by employees or to discipline employees who are under the influence of marijuana in the workplace. Likewise, the new law does not require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace.
Effective Date: July 21, 2018
Call to Action: Employers with employees in Vermont should review and revise policies and procedures concerning workplace safety, drug testing and substance abuse.