The office of the Attorney General of Vermont issued a clarification this week that, under Vermont law, the sale or commercial gifting of cannabis is still illegal.
“Act 86 does not legalize the sale of marijuana. Any transfer of marijuana for money, barter, or other legal consideration remains illegal under Vermont law.” — Office of the Attorney General of Vermont, via Vermont.gov
Vermont lawmakers voted in January to legalize cannabis possession and cultivation, but sales and distribution remain illegal. But like other decriminalized jurisdictions, Vermonters have embraced the gray market and some businesses are strategizing workarounds that are technically legal under Act 86, but the attorney general’s advisory could throw a serious wrench in the works for anyone attempting to make money from the transfer of cannabis.
The advisory goes on to specify that selling an item or service, such as a t-shirt or other merchandise, with an included “gift” of cannabis is illegal. Attempting to charge for the delivery of “gifted” cannabis is also an illegal loophole. Also stated in the advisory is that any type of gifting, even a non-commercial traditional gift, is definitively illegal to anyone under the age of 21.
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