Vermont Governor Signs Dispensary Bill Despite U.S. Attorney Letter

Vermont Governor Pete Shumlin – who MPP helped elect – just signed a bill to make Vermont state law the eighth to explicitly authorize and regulate dispensaries where registered patients can purchase medical marijuana. Today’s signing marks the culmination of a two-year lobbying effort led by MPP and the third bill signing we’ve been a part of just this month. Many thanks to Governor Shumlin and the bill’s sponsors, Senators Jeanette White, Hinda Miller, and Dick Sears for their leadership, and the dedicated patient advocates throughout the state who made the case for adding dispensaries to Vermont’s medical marijuana law.

[caption id="attachment_4156" align="aligncenter" width="384" caption="MPP’s lobbyists and several of the state’s most committed patient advocates watch as Vermont Governor Pete Shumlin signs S. 17"][/caption]

Today’s signing bucks a trend of sorts. Governors in Rhode Island, Arizona, and Washington have all put the brakes on bills or laws to allow dispensaries, after receiving threatening letters from U.S. Attorneys in their states. Shumlin and legislative leaders received a similar letter on May 4, the day before the House of Representative was slated to vote on the dispensary bill. We were able to address concerns in the House and the administration, and the next day the House passed the measure 99-44 – with a copy of the letter on the desk of each representative.

One reason we were able to convince elected officials to move forward is that, despite the letters, there has still never been a raid on any dispensaries in states that explicity recognize and regulate dispensaries and that are in compliance with those laws. On the other hand, it’s unfortunate, but not uncommon, to see raids of dispensaries in places with more ambiguous laws that don’t specifically address dispensaries. In other words, in practice, it seems U.S. Attorneys are abiding by a narrow interpretation of the policy announced in the 2009 “Ogden memo,” in which these attorneys were instructed not to take action against anyone in “clear and unambiguous compliance” with state law.

Ironically, that means the best way to avoid any federal enforcement action is to do exactly the opposite of what Washington, Arizona, and Rhode Island’s governors are doing, and instead embrace state laws that explicitly authorize and regulate dispensaries, like Gov. Shumlin and Delaware Gov. Jack Markell. Let’s hope today’s signing marks the end of this troubling trend.

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