18 V.S.A. § ___ § 4230a

Cannabis possession by a person 21 years of age or older

In Force
Verified 10/18/2026 · Next check 11/17/2026
effective 10/18/2026VermontCannabis in Housing

Operative Text

18 V.S.A. § ___ § 4230a
(a)(1) Except as otherwise provided in this section, a person 21 years of age or older who possesses two ounces or less of cannabis or 10 grams or less of hashish and two mature cannabis plants or fewer or four immature cannabis plants or fewer or who possesses paraphernalia for cannabis use shall not be penalized or sanctioned in any manner by the State or any of its political subdivisions or denied any right or privilege under State law. The two-ounce limit of cannabis or 10 grams of hashish that may be possessed by a person 21 years of age or older shall not include cannabis cultivated, harvested, and stored in accordance with section 4230e of this title.

(2)(A) A person shall not consume cannabis in a public place. As used in this section, “public place” has the same meaning as provided by 7 V.S.A. § 831.

(B) A person who violates this subdivision (a)(2) shall be assessed a civil penalty as follows:

(i) not more than $100.00 for a first offense;

(ii) not more than $200.00 for a second offense; and

(iii) not more than $500.00 for a third or subsequent offense.

(b)(1) Cannabis possessed or consumed in violation of State law is contraband pursuant to subsection 4242(d) of this title and subject to seizure and forfeiture.

(2) This section does not:

(A) exempt a person from arrest, citation, or prosecution for being under the influence of cannabis while operating a vehicle of any kind or for consuming cannabis while operating a motor vehicle;

(B) repeal or modify existing laws or policies concerning the operation of vehicles of any kind while under the influence of cannabis or for consuming cannabis while operating a motor vehicle;

(C) limit the authority of primary and secondary schools to impose administrative penalties for the possession of cannabis on school property;

(D) prohibit a municipality from adopting a civil ordinance to provide additional penalties for consumption of cannabis in a public place;

(E) prohibit a landlord from banning use of lighted cannabis or cannabis products intended for inhalation in a lease agreement; or

(F) allow an inmate of a correctional facility to possess or use cannabis or to limit the authority of law enforcement, the courts, the Department of Corrections, or the Parole Board to impose penalties on offenders who use cannabis in violation of a court order, conditions of furlough, parole, or rules of a correctional facility.

(c)(1) A law enforcement officer is authorized to detain a person if:

(A) the officer has reasonable grounds to believe the person has violated subsection (a) of this section; and

(B) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.

(2) The person may be detained only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a judge in the Criminal Division of the Superior Court for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.

(d) Fifty percent of the civil penalties imposed by the Judicial Bureau for violations of this section shall be deposited in the Drug Task Force Special Fund, hereby created to be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and available to the Department of Public Safety for the funding of law enforcement officers on the Drug Task Force, except for a $12.50 administrative charge for each violation, which shall be deposited in the Court Technology Special Fund, in accordance with 13 V.S.A. § 7252. The remaining 50 percent shall be deposited in the Youth Substance Awareness Safety Program Special Fund, hereby created to be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and available to the Court Diversion Program for funding of the Youth Substance Awareness Safety Program as required by section 4230b of this title.

(e) Nothing in this section shall be construed to do any of the following:

(1) require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of cannabis in the workplace;

(2) prevent an employer from adopting a policy that prohibits the use of cannabis in the workplace;

(3) create a cause of action against an employer that discharges an employee for violating a policy that restricts or prohibits the use of cannabis by employees; or

(4) prevent an employer from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale, or growing of cannabis on the employer’s premises. (Added 2013, No. 76, § 2; amended 2013, No. 95 (Adj. Sess.), § 81, eff. Feb. 25, 2014; 2013, No. 194 (Adj. Sess.), § 13; 2017, No. 86 (Adj. Sess.), § 4; 2019, No. 164 (Adj. Sess.), § 30, eff. Oct. 7, 2020; 2019, No. 167 (Adj. Sess.), § 3, eff. Oct. 7, 2020; 2021, No. 20, § 73; 2025, No. 176 (Adj. Sess.), §§ 4, 31, eff. July 1, 2026.)
Source: Legislative text reproduced verbatim
Plain English

Under 18 V.S.A. ch. 84 § 4230a, Vermont law shields adults aged 21 and older from state penalties for possessing up to two ounces of cannabis, up to 10 grams of hashish, and a limited number of plants, as well as for possessing related paraphernalia. However, consuming cannabis in a public place remains prohibited and carries escalating civil penalties — up to $100 for a first offense, $200 for a second, and $500 for a third or subsequent offense. The provision also preserves existing rules around impaired driving, school policies, landlord lease restrictions on smoked or inhaled cannabis products, and correctional facility regulations.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Under 18 V.S.A. ch. 84 § 4230a, Vermont landlords retain an explicit right to prohibit the use of lighted cannabis or cannabis products intended for inhalation through lease agreement terms. Operators who wish to restrict such use generally include clear, written language in their lease documents addressing smoked or inhaled cannabis specifically, since the statute's protection applies to that category. Landlords should be aware that the provision does not address all forms of cannabis use equally, so lease language is typically drafted to reflect the specific activities the property owner intends to regulate.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 18 V.S.A. ch. 84 § 4230a, tenants who are 21 or older have a state-law protection against penalties for possessing cannabis within the amounts specified by the statute, but that protection does not override a landlord's right to ban smoked or inhaled cannabis products through a lease agreement. Tenants who believe a landlord is imposing restrictions beyond what the statute or their lease permits may find it useful to review their lease terms carefully and consult a tenant-rights organization or Vermont Legal Aid for general guidance. Public consumption remains a civil offense under § 4230a regardless of a tenant's age or possession status, so the location of any cannabis use can affect whether the statute's protections apply.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 18, 2026
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References Out

Rules and statutes cited by this regulation

7 V.S.A. § 831
Not yet ingested
12 V.S.A. § 122
Not yet ingested
32 V.S.A. ch. 7
Not yet ingested
13 V.S.A. § 7252
Not yet ingested
18 V.S.A. § 4230b
Not yet ingested

References In

Rules and statutes that cite this regulation

18 V.S.A. § 4230e
18 V.S.A. § 4230a

Related Rules

§ 47a-9a
Prohibitions re discrimination against prospective or existing tenant for conviction related to cannabis possession; possession or consumption of cannabis; drug tests. Exceptions.
§ 504B.1715
COVENANTS; SOBER HOMES.
§ 4468b
Rental agreements; cannabis restrictions prohibited

Source Information

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