Vermont lawmakers at odds over THC limit for cannabis concentrates |

Vermont lawmakers are at odds over a measure that would place a cap on the THC content of solid cannabis concentrates sold at the state’s regulated cannabis retailers.

Local publication VTDigger has the background, reporting that members of the Vermont State Senate “exasperated Friday over a last-minute change to a key cannabis law during a House vote on Thursday — and speculated as to why the Vermont Department of Health and Human Services abruptly changed its recommendation.” Lawmakers reversed the measure last week.”

According to VTDigger, members of the House of Representatives “on Thursday imposed a 60% cap on the content of tetrahydrocannabinol, or THC, in solid cannabis concentrates to be sold in retail stores when they open in October.”

“They held the damn thing in their hands for a week and a half and then they came up with this idea,” said Democratic state senator Dick Sears, as quoted by VTDigger. “There isn’t much time to convene a conference committee.”

Sears said he was “frustrated” with Democratic House Representative John Gannon proposing the amendment, which included a 60% cap.

Sears and other lawmakers contend that caps are counterproductive and will only encourage customers to look elsewhere — whether in the illicit market or in neighboring states with adult-use cannabis sales.

Sears called the measure passed by the House of Representatives a “stupid decision” and said Vermont continues to “invite people to leave the state.”

“It gives the illicit market a monopoly on meeting the demand for these products,” James Pepper, chairman of the Vermont Cannabis Control Board, said during a hearing before a state House committee, as quoted by VTDigger.

“There’s a very broad consensus among regulators that caps are a bad idea,” Pepper told the publication. “A black market will fill that gap. In doing so, they use very dangerous products.”

Amidst the back-and-forth among lawmakers, there has been a conflicting set of guidance on the subject from the Vermont Department of Health.

VTDigger reported that the department’s senior policy and legal adviser, David Englander, told members of a state house committee late last month that the department agreed with the Cannabis Control Board to oppose the cap.

“The main reason is that there is likely a significant market for high-THC concentrates and it is more dangerous for people to buy unregulated versions of these products than to buy products that are regulated and tested under board rules. Regulating, rather than banning, THC substances is one of the goals of creating a regulated market as envisaged by the General Assembly,” Englander said in a letter to the committee.

“Furthermore, a total ban on concentrates above 60% will require manufacturers to keep products below that limit at all times during the manufacturing process. This requires the addition of additives to dilute the product to a 60% concentrate or below. You may recall that recently there have been illnesses and deaths that appear to have been linked to the ingestion of such additives.”

But the very next day, Englander pulled a 180, telling lawmakers that after “further consideration, with the lens of prevention and safety as the cornerstone for the upcoming adult-use market in Vermont, the department does not approve the repeal of THC.” boundary and maintains that a fundamental component of the original legislation remains.”

“The risk to users of high levels of THC is significant, and we should not risk contributing to the known risks to consumers’ physical and mental health,” Englander said. “My message to you yesterday was based on incomplete information. All faults are mine and please accept my apologies to you and the committee.”

Vermont legalized recreational marijuana use in 2018, but sales didn’t begin in the state until 2020.