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H. 612 proposes to eliminate the existing limits on flower and concentrates in Vermont and includes several other amendments aimed at enhancing the state’s cannabis legislation.
Under the current legislative framework in Vermont, restrictions are in place that cap the tetrahydrocannabinol (THC) content for both cannabis flower and concentrate products. However, this regulatory landscape may undergo a significant transformation with the introduction of a new bill, replete with amendments aimed at refining and enhancing the state’s cannabis market.
The Vermont Cannabis Control Board has put forth a recommendation to the state’s legislators, advocating for the removal of the existing caps on the potency of both cannabis and concentrates. This proposal, however, does not extend to edibles, for which the potency caps are suggested to remain intact. Proponents of the bill argue that such a move would not only streamline the market but also retain a larger segment of consumers within the legal ambit of the cannabis trade. This viewpoint, however, is not unanimously held, encountering opposition from some of the state’s medical authorities.
The pivotal aspect of this legislative proposal, encapsulated in Bill H.612, was brought to the floor by the House Government Operations Committee for initial deliberation on January 12. This bill encompasses a range of proposed modifications to the state’s current cannabis policies. A notable focus of H.612 is its targeting of hemp-derived products that ambiguously market the intoxicating effects of synthetic cannabinoids, such as delta-8 THC. The bill aims to solidify rules previously adopted by the board in the preceding year. These rules seek to restrict the sale of certain intoxicating hemp-derived products and, crucially, classify them as cannabis products should their total THC content exceed the threshold of 0.3%.
Presently, Vermont’s legislation enforces a THC percentage cap at 30% for smokable cannabis flower products — a figure that, although high, is surpassed by certain strains — and a 60% cap for THC content in both solid and liquid concentrated cannabis forms. Additionally, the state imposes a 5 mg serving size/dose limitation on edibles and a cumulative cap of 100 mg per packaged edible product. These dosage restrictions are largely in line with standards observed in several other states.
James Pepper, Chairman of the Cannabis Control Board, highlighted in a committee meeting that the proposed bill seeks to abolish the first two of these caps. The Board has been tasked in consecutive years to evaluate the effectiveness of these THC caps and to compile reports on their impact.
A critical issue arising from the current THC caps is the exclusion of more potent cannabis forms, which are often essential for individuals suffering from severe medical conditions, such as cancer, that necessitate high THC concentrations. As reported by Valley News, the proposed bill would not only remove these potency caps but also address a comprehensive array of requests from the commission.
The legislative proposal, officially introduced by Representatives Michael McCarthy (D – Franklin-3) and Matt Birong (D – Addison-3) on January 3, represents a significant step towards evolving Vermont’s cannabis legislation. It reflects a concerted effort to balance market efficiency, consumer needs, and medical considerations within the state’s evolving cannabis framework.
Controlled Concentrates Are Safer Than the Illegal Market
During the recent committee meeting, a nuanced debate emerged regarding the implications of potency caps on cannabis concentrates. A segment of the attendees raised concerns that imposing such caps necessitates the use of potentially harmful fillers by manufacturers, which may pose significant health risks to consumers. The discussion underscored the importance of understanding the constituents of vape thickeners and ingredients, emphasizing that not all substances are suitable for inhalation.
Dave Silberman, the co-owner of FLORA Cannabis in Middlebury, presented a compelling argument against the potency cap. He articulated that by restricting the THC content in concentrates to a maximum of 60%, the legislation inadvertently empowers the illicit market with a monopoly over higher-potency products. Although these high-potency concentrates represent a relatively small fraction of the cannabis market – approximately 4% to 5% – Silberman highlighted the unintended consequence of granting the black market exclusive control over this niche segment.
The discourse further delved into the safety advantages inherent in regulated markets. Such markets are more inclined to rigorously vet products for harmful additives, often mandating laboratory testing and analysis. Conversely, if consumers are driven to seek concentrates with over 60% THC content from unregulated sources, they face an elevated risk of encountering unapproved and potentially hazardous thickeners or additives.
The concerns regarding dangerous fillers in vaping products have been widely reported, with High Times shedding light on substances like vitamin E acetate, which is unsafe for vaping. However, it is crucial to acknowledge that media reports on such hazardous fillers have at times contributed to amplifying fear and misunderstanding about cannabis.
The Centers for Disease Control and Prevention (CDC) validated these concerns in 2019, affirming that vitamin E acetate is a probable culprit behind a surge of lung injuries associated with vaping. Dr. Anne Schuchat, the CDC’s principal deputy director, revealed to the media that investigators found this additive, previously suspected of causing vaping-related lung injury (EVALI), in the lung tissue of patients.
In addition to these concerns, recent research has suggested that certain hemp-derived compounds may exhibit similar hazardous traits. Published in the Journal of Medical Toxicology on December 12, 2022, a study led by Neal L. Benowitz identified a correlation between THC-O acetate and significant pulmonary risk. THC-O acetate, structurally akin to vitamin-E acetate, transforms into a dangerous substance when subjected to heat, posing a threat to lung health.
Furthermore, Bill H.612 aims to alleviate the financial burden on medical cannabis dispensaries. The bill proposes a reduction in operating fees, including a decrease in the application fee from $2,500 to $1,000 and a substantial reduction in the annual renewal fee from $25,000 to $5,000.
Additionally, the bill seeks to extend the validity period of a medical cannabis card. For individuals utilizing cannabis to manage chronic conditions other than pain, the duration of the card would increase from three years to five years, offering greater convenience and continuity of care.
In the context of cannabis legalization for adult use, various stakeholders in Vermont are actively engaging in discussions about its broader impact. Last October, WCAX in Vermont conducted interviews with several school officials to explore their plans and perspectives as the dialogue around cannabis continues to evolve in the state. This engagement highlights the ongoing efforts to understand and navigate the complexities of cannabis legalization in diverse sectors, including education.
