Yes, marijuana is legal in Vermont for adults 21 and older. Both recreational and medical cannabis are legal. You can possess up to 1 ounce, grow 2 mature plants at home, and buy from licensed dispensaries. Vermont legalized recreational use in 2018 and opened retail sales in October 2022. Public consumption is illegal, and driving under the influence carries serious penalties.

What Vermont State Law Says About Marijuana

Vermont made history in 2018 by becoming the first state to legalize recreational cannabis through the legislature rather than a ballot initiative. Governor Phil Scott allowed H.511 to become law without his signature on January 22, 2018, effective July 1, 2018.

In 2020, Vermont took the next step by legalizing cannabis sales. Governor Scott again allowed S.54 to become law without his signature, establishing the Cannabis Control Board to regulate the industry.

Retail sales finally launched in October 2022. As of January 2025, Vermont has 73 licensed dispensaries serving the adult-use market and 317 licensed cultivators.

Recreational vs. Medical Marijuana in Vermont

Recreational Cannabis (Adults 21+)

• Possession limit: 1 ounce of cannabis flower or 5 grams of hashish
• Home cultivation: 2 mature plants and 4 immature plants per household (not per person)
• Purchase limit: 1 ounce per transaction from licensed dispensaries
• Taxes: 14% excise tax + 6% state sales tax + optional 1% local tax

Medical Cannabis (Registered Patients)

• Possession limit: 2 ounces of usable cannabis
• Home cultivation: 9 plants
• Tax benefit: Tax-free purchases with medical card
• Requirements: Qualifying medical condition + doctor recommendation

Vermont legalized medical marijuana in 2004, making it the ninth state to do so. The medical program is managed by the Cannabis Control Board.

What You Can Legally Do with Cannabis in Vermont

Legal Activities

• Possess up to 1 ounce of cannabis or 5 grams of hashish (age 21+)
• Purchase cannabis from licensed dispensaries with valid government ID
• Grow 2 mature and 4 immature plants at home (per household, not per person)
• Give away up to 1 ounce to another adult 21+, without advertising or promotion
• Consume cannabis on private property with owner’s permission
• Store home-grown cannabis from your harvest without it counting toward the 1-ounce limit (if stored properly indoors)

Illegal Activities

• Public consumption: Smoking or consuming cannabis in public places, parks, streets
• Driving under the influence: Operating a vehicle while impaired by cannabis
• Consuming as a passenger: Using cannabis in any moving vehicle
• Transporting across state lines: Taking cannabis out of Vermont (federal crime)
• Selling without a license: Unlicensed sales are felonies with severe penalties
• Possession on federal property: Cannabis remains illegal under federal law
• Providing to minors: Giving or selling cannabis to anyone under 21

Critical note: Home cultivation limit is 2 mature and 4 immature plants per household, regardless of how many adults live there. Two roommates cannot each grow 2 mature plants.

Penalties for Cannabis Violations in Vermont

Vermont uses a tiered penalty system based on the amount of cannabis involved. Here’s what you’re facing if you violate the law:

Possession Violations

• More than 1 oz but less than 2 oz (first offense): Civil penalty only
• 2 oz or more: Court Diversion Program offered for first offense
• 8 oz or 1.4 oz hashish: Up to 3 years prison + $10,000 fine
• More than 1 lb or 2.8 oz hashish: Up to 5 years prison + $10,000 fine
• More than 10 lbs or 1 lb hashish: Up to 15 years prison + $500,000 fine

Cultivation Violations

• More than 2 mature or 4 immature plants: Civil penalty
• More than 4 mature or 8 immature plants: Up to 3 years prison + $10,000 fine
• More than 6 mature or 12 immature plants: Up to 5 years prison + $10,000 fine
• More than 12 mature or 24 immature plants: Up to 15 years prison + $500,000 fine

Selling Without a License

• Any amount: Up to 2 years prison + $10,000 fine
• More than 1 oz or 5g hashish: Up to 5 years prison + $100,000 fine
• 1 lb or more: Up to 15 years prison + $500,000 fine

These are Vermont state penalties. Federal penalties can be much harsher.

Local Ordinances: What Vermont Cities Say

Vermont law gives municipalities control over whether to allow cannabis retailers. However, cities cannot ban non-retail cannabis businesses like cultivators, manufacturers, or testing labs.

Burlington

Burlington voters approved cannabis retailers on Town Meeting Day 2021. The city established a Local Cannabis Control Commission in August 2022.

Key Burlington regulations:

• All license types allowed
• No cap on number of licenses
• Cannot operate within 500 feet of K-12 schools
• Street-level windows in downtown zones must be clear and unobstructed

Burlington currently has 4 licensed cannabis retailers with 4 more applications pending.

Other Vermont Towns

Over 70 Vermont municipalities have opted in to allow cannabis retail sales, including Middlebury, Montpelier, Brattleboro, and Rutland.

Check with your town clerk to confirm local cannabis regulations. Some towns have additional zoning requirements or restrictions on operating hours.

What Happens If You’re Caught Violating Vermont Cannabis Laws

Vermont law enforcement takes cannabis violations seriously, especially for large amounts or sales activity.

If Police Stop You

• Stay calm and polite – Don’t argue or resist
• Don’t consent to searches – You have Fourth Amendment rights
• Don’t volunteer information – Anything you say can be used against you
• Ask for a lawyer immediately – Exercise your right to remain silent
• Document everything – Names, badge numbers, time, location

Court Diversion Program

First-time offenders caught with 2 ounces or more may be offered Vermont’s Court Diversion Program. Successfully completing the program results in charges being dismissed.

Requirements typically include community service, drug education, and staying crime-free during the diversion period.

Recent Legal Developments in Vermont Cannabis Law (2023-2025)

H.270 (Signed Spring 2023)

• Created “cannabis propagation cultivator” license for nurseries
• Removed psychotherapy requirement for PTSD medical card applicants
• Allowed caregivers to care for 2 patients instead of 1
• Permitted 3-year medical card renewals for lifelong conditions

Act 56 (2025)

The most recent amendment to Vermont’s Cannabis Control Board governing statutes, passed in 2025, continues refining the regulatory framework.

November 2023: Licensing Halt

The Cannabis Control Board halted licensing for Tier 4 and Tier 5 cultivators (large growers) to prevent market oversupply.

Federal Rescheduling Update

In December 2025, a federal executive order expedited the process of rescheduling cannabis from Schedule I to Schedule III. This won’t immediately change Vermont law, but could affect banking, taxation, and federal enforcement.

Frequently Asked Questions

Can I smoke weed in public in Vermont?

No. Public consumption is illegal and subject to fines. You can only consume cannabis on private property with the owner’s permission.

How much weed can I legally have in Vermont?

Adults 21+ can possess up to 1 ounce of cannabis flower or 5 grams of hashish. Medical patients can possess up to 2 ounces.

Can I grow marijuana at home in Vermont?

Yes. You can grow 2 mature and 4 immature plants per household (not per person). Medical patients can grow 9 plants.

Can I drive after smoking weed in Vermont?

No. Driving under the influence of cannabis is illegal and carries serious penalties including fines, imprisonment, and license suspension.

Can I take Vermont cannabis to another state?

No. Transporting cannabis across state lines is a federal crime, even to states where cannabis is legal.

Do I need a medical card to buy cannabis in Vermont?

No. Adults 21+ can purchase from recreational dispensaries. A medical card gives you higher possession limits (2 oz vs 1 oz) and tax-free purchases.

Are edibles legal in Vermont?

Yes. Licensed dispensaries sell edibles with specific THC potency caps. They must be purchased from licensed retailers.

Can my employer fire me for using cannabis in Vermont?

Yes. Vermont has no employment protections for cannabis users. Employers can enforce drug-free workplace policies and test for cannabis.

Bottom Line: What Vermont Residents Need to Know

Vermont has one of the most progressive cannabis laws in the country. If you’re 21+, you can legally possess, grow, and purchase cannabis.

But stay within legal limits. Possession over 1 ounce, growing more than 2 mature plants, public consumption, and driving under the influence can result in criminal charges.

Remember that cannabis remains illegal under federal law. Don’t transport it across state lines, even to legal states. Don’t use it on federal property. And don’t assume employment protections exist.

Check your local ordinances before opening a cannabis business or purchasing from a dispensary. Over 70 Vermont towns have opted in for retail sales, but regulations vary.

Stay informed. Stay legal.

About the Author

Sarah Klein, JD, is a former criminal defense attorney with hands-on experience in cases involving DUIs, petty theft, assault, and false accusations. Through All About Lawyer, she now helps readers understand their legal rights, the criminal justice process, and how to protect themselves when facing charges.
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