Shipping cannabis across state lines and bragging about it online?

Devon Deyhle, the proud owner of Tall Truck, a small cannabis grower based in the small town of Peachham, made a costly mistake when he decided to promote his business on social media. The aspiring grower, who grows his plants indoors in a Tier 1 facility spanning less than 1,000 square feet, has posted a video on Instagram showing off his bountiful harvest of high-quality cannabis.

Little did Devon know that this seemingly harmless promotional video would prove to be a costly mistake. Local authorities, who had been keeping a close eye on the cannabis industry in the area for a long time, became aware of Devon’s video and promptly launched an investigation.

Despite his initial excitement at the promotional video he recorded, Devon Deyhle eventually had to admit that the consequences of his actions far outweighed the potential benefits. “It was a great, great video, but it wasn’t worth it,” he lamented, realizing the gravity of his mistake.

In the unfortunate video, which was captured in early December and has since been removed, Deyhle is able to exit his vehicle and enter a storefront in the heart of Manhattan. The problem? The business was not licensed to sell adult-use recreational cannabis, a fact Deyhle was unaware of at the time.

As it turned out, the storefront was little more than a makeshift cannabis dispensary, complete with a smokers’ lounge to the rear. While this seemed like an excellent opportunity to showcase his cannabis products, Deyhle failed to consider the legal ramifications of his actions.

When Devon Deyhle recorded his promotional video, selling recreational cannabis was still illegal in upstate New York. This meant that the storefront he entered to promote his products was operating without a license and outside the bounds of the law.

It wasn’t until late December, after Deyhle posted the video, that the first licensed adult-use cannabis retail store opened in New York. This new development made it clear that the rules governing the sale and distribution of cannabis are changing rapidly and those who fail to keep up with these changes risk serious consequences.

In the video, Deyhle can be seen confidently promoting his “little Vermont treat” while handing over a green and yellow box of cannabis products emblazoned with his company’s Tall Truck logo. The unsuspecting women behind the counter seem unaware of the legal ramifications of accepting the products, and Deyhle doesn’t say the store operates without a license.

Consequences of the Deyhle action

A notice issued by the Vermont Cannabis Control Board found that Deyhle was caught in the act delivering cannabis to the Tall Truck business via video evidence available on Instagram. In the notice, Deyhle is subpoenaed for illegally transporting cannabis to the illegal market in New York City.

According to Deyhle, Tall Truck’s possible market development in New York City was more of a publicity stunt. “I suppose I went too far to test the waters,” he added. Unfortunately, someone reported the video to the Vermont Cannabis Control Board, and Deyhle subsequently had to pay a hefty $20,000 fine for illegally transporting cannabis outside of Vermont. “It’s a big blow for someone like me,” he regretted.

Aside from the fine, the board had initially imposed a 60-day ban on Deyhle’s license. He was also fined an additional $10,000 for reportedly providing false information to the board and specifically denying any intention of selling cannabis outside of Vermont. In addition, Deyhle was fined another $10,000 for allegedly diverting cannabis from Vermont to the illicit market in New York.

However, as long as Deyhle complies with Vermont’s cannabis regulations for the next two years, the board has decided to suspend the additional penalties. Deyhle takes a philosophical approach to the incident, stating that he is responsible for his actions and must bear the consequences of his mistakes.

Recreational cannabis in Vermont

Vermont legalized cannabis in 2018 with the passage of H.511, a revised version of an earlier bill that eventually became known as Act 86. This law allowed individuals 21 and older to possess up to one ounce of cannabis and two mature and four immature marijuana plants. However, the public consumption of cannabis is still prohibited and restricted to areas where tobacco smoking is permitted.

Although Vermont legalized the possession of small amounts of cannabis in 2018, recreational cannabis sales did not begin until 2022. Cannot currently purchase cannabis products from dispensaries. In the first three months of selling recreational cannabis in Vermont, about 25 cannabis companies were licensed and immediately began operations.

Vermont Medicinal Cannabis Laws

Vermont has allowed the use of medical marijuana since 2004. However, patients were denied access to Vermont dispensaries until 2013, even though medical marijuana was legalized.

Instead of legalizing dispensaries, SB 76 allowed eligible patients to own up to two ounces of cannabis or grow one mature and two immature plants. Patients with conditions such as cancer, glaucoma, multiple sclerosis, HIV or AIDS, or other life-threatening or debilitating conditions were eligible for this program.

Vermont’s medical marijuana laws have undergone significant changes since the inception of SB 76. Currently, patients can grow up to nine plants, but only two mature plants at a time. The list of qualifying conditions has also been expanded to include Parkinson’s disease, Crohn’s disease and PTSD. In addition, patients may purchase cannabis at any of five operating patient dispensaries in Vermont.

Diploma

Devon Deyhle’s ill-fated attempt to promote his cannabis products on social media is a cautionary tale for everyone in the cannabis industry. His failure to comply with the rapidly changing rules and regulations surrounding cannabis production and distribution has had serious consequences and underscores the importance of staying informed and compliant in this ever-evolving industry.

As the legal landscape surrounding cannabis continues to change, growers and distributors need to stay up to date with the latest guidelines and best practices to avoid the costly mistakes Deyhle made.

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