July 19th Rule Change Makes it Harder to Manufacture Farm Fresh Cannabis Products…For Now

On July 19, 2023, the CCB passed an amendment to Rule 2.2.4 banning the sale of refrigerated and frozen cannabis products as well as any cannabis products containing meat and dairy.   At the time, the CCB named administrative shortcomings (staffing shortages) as the driver behind the rule revision. Due to the CCB’s inability to adapt to limited agency capacity, Rural Vermont and allies asked for public comment to be submitted asking the CCB to follow through with the legislative intent of Act 65 (to increase the competitiveness and marketability of value-added cannabis products). We also asked Governor Scott and his administration to encourage cooperation and collaboration between the CCB, Department of Health, and the Agency of Agriculture and to instruct these agencies to fulfill their responsibilities in conducting food safety inspections of cannabis products and enforcing regulatory compliance. 

The proposed rule change was adopted at the 7/19 board meeting ( view the 7/19 meeting) . The CCB, at this time, notes that, in the future, this issue will likely be revisited. Currently, they do not have the staff or capacity to monitor, enforce, or regulate these products, and at this time, staffing, cooperation and collaboration between the CCB, Dept. of Health, and the Agency of Ag is lacking. 

Given the significant tax revenue generated by this sector of Vermont’s economy, we feel confident that the funding and oversight needed for an effective regulatory apparatus will evolve. On behalf of Vermont’s cannabis cultivators, retailers, processors, and manufacturers, we look forward to continuing our advocacy in 2024 - encouraging the work outlined in Act 65 to be done well and effectively.  We will continue to let the vision of an equitable, viable, and robust Vermont cannabis marketplace that benefits all Vermonters guide our work. 

The accepted changes read:

2.2.4 Health, Safety, and Sanitation

Cannabis establishments shall:

(f) not produce any product that contains any meat or meat products;

(g) not produce any dairy product as defined in 6 V.S.A.§ 2672;

(h) not produce any product that requires time and temperature control for safety