B. SCOTT Govemor State of Vermont OFFICE OF THE GOVERNOR May 24, 2017 The Honorable John Bloomer, Jr. Secretary of the Senate State House Montpelier, Vermont 056336401 Dear Mr. Bloomer: Pursuant to Chapter II, Section ll of the Vermont Constitution, I am returning 8.22, An Act Relating To Eliminating Penalties for Possession of Limited Amounts ofMarifaana by Adults 21 Years onge and Ofder, without my signature because of my objections described herein: With a libertarian streak in me, I believe that what adults do behind closed doors and on private property is their choice, so long as it does not negatively impact the health and safety of others, especially children. I also have compassion for those for whom marijuana alleviates the of debilitating diseases. That is why I have previously supported, and. continue to support, medical marijuana laws and decriminalization. We cannot ignore the fact that marijuana is a widely?consumed substance, and more states, as well as an entire nation to our north, are making marijuana legal and regulating it. I am not philosophically opposed to ending the prohibition on marijuana, and there is a clear societal shift in that direction. However, it is crucial that key questions and concerns involving public safety and health are addressed before moving forward. We must get this right. That means letting the science inform any policy made around this issue, learning from. the experience of other states, and taking whatever time is required to do so. Policymakers have an obligation to Vermonters to address health, safety, prevention and education questions before committing the State to moving forward. More specifically, before we implement a commercial system we need to know how we will detect and measure impairment on our roadways, fund. and implement additional substance abuse prevention education, keep our children safe and penalize those who do not, and measure how legalization impacts the mental health and substance abuse issues our communities are already facing. 109 STATE STREET 0 THE PAVILION 05609-0101 9 TELEPHONE: 802.828.3333 0 The Honorable John. Bloomer, Jr. May 24, 2017 Page 2 This legislation does not yet adequately address these questions. However, there is a path forward. to work collaboratively that will take a more thorough look at what public health, safety and education policies are needed before Vermont pursues a comprehensive regulatory system for an adult-use marijuana market. i will provide the Legislature with recommended changes, and if we can work together, we can I move forward on this issue. Those recommendations include the following: First, this legislation creates confusion around which penalties for the sale and dispensing of marijuana to minors should apply. This legislation opens the door for litigation over which are the appropriate penalties. I believe this legislation must be clear that penalties for the dispensing and sale of marijuana to minors and on School grounds remain severe. These changes must be made to ensure no leniency is intended for those who sell or dispense marijuana to our youth. Weakening these protections and. penalties should be totally unacceptable to even the most ardent legalization advocates. Second, we must aggressively penalize Consumption while driving and usage in the presence of minors. For example, while this legislation states that one cannot use marijuana in a vehicle if an adult is smoking with a child in the car, there is only a small civil ?ne equal to the penalty for an adult having an open container of alcohol. How we protect children from the new classi?cation of limited amounts of what is otherwise a controlled substance is incredibly important. This is not just a concern about impaired driving. According to the best science available, and our own Department of Health, secondhand marijuana smoke can negatively impact a child?s brain development. Therefore, if an adult is smoking marijuana in a car or a con?ned space with a child this should be severely penalized. Third, we must be sure we are not impeding the ability of public safety officials to enforce remaining drug- laws. Finally, the Marijuana Regulatory Commission proposed in this legislation must have broader membership to include key stakeholder communities who will be faced with the everyday impacts of a fully regulated and taxed system, such as representatives from the Department of Public Safety, the Department of Health, the Department of Taxes, and substance abuse prevention professibnals. At a minimum, the Commission must determine an. appropriate regulatory and taxation system; an impairment threshold for operating a motor vehicle; the options for an impairment testing mechanism; an education and prevention strategy for minors; and a plan for continued monitoring and reporting on impacts to public health. The Commission must also produce a The Honorable John Bloomer, Jr. May 24, 2017 Page 3 detailed estimate of the revenue required for the adequate regulation, enforcement, administration, and education and prevention recommendations it shall make. As 8.22 currently stands, legislation for a regulated system will be introduced before the personal possession and cultivation laws have even changed. The Commission should have more time to thoughtfully complete its work on this complex issue. Given the gravity of this policy change, the Commission must have at least a year before making final recommendations. We can all work together on this issue in a comprehensive and responsible way. I have already reached out to the Coalition of Northeastern Governors (CONEG) to engage our neighboring states in a discussion about creating a regional highway safety standard. Information gathered and progress made with CONEG will be shared with the Commission to support the goals detailed above. If the Legislature agrees to make the changes I am seeking, we can move this discussion forward in a way that ensures that the public health and. safety of our communities and our children continues to come first. As noted, based on. the outstanding objections outlined. above I cannot support this legislation and must return it without my signature pursuant to Chapter II, ?ll of the Vermont Constitution. Sincerely, Philip B. Scott Governor