Eric J. Forand

The meeting included the appointment of a new Chair and discussion on EPCRA-required seats for transportation and industry hazardous substance reporting. Updates were provided on the LEPC statewide hazmat plan, state hazmat team operations, training initiatives, and response metrics. Additional topics included facility safety seminars, emergency communications developments, airport exercise planning, hazardous materials training grant reports, and updates on the commodity flow study and state hazmat team finances.

The Senate meeting covered various legislative matters including messages from the House regarding numerous bills, such as protocols for officer-involved shootings, retirement system memberships, toxic heavy metals in baby food, and gender equity in correctional facilities. The Senate also adopted a joint resolution regarding weekend adjournment. Additionally, the body deliberated and amended several bills related to economic development, primary care payment reform, and public libraries, as well as passing legislation concerning survivor benefits and healthcare coverage.

The meeting commenced with the addition of an agenda item for a board review of the one license per location rule, which was anticipated to involve executive session for confidential attorney-client communications. Discussions covered non-plastic packaging requirements and the associated waiver process, emphasizing the preference for physical samples for review and noting that packaging for flower does not require child-resistant features, only tear resistance. Significant time was dedicated to detailing the inventory tracking system, which will require licensees to report inventory movements at regular intervals, leveraging a data analytics center vendor. The status of the RFP for the inventory tracking platform closing was noted, and licensees were reminded to maintain detailed records compliant with current rules. The serious regulatory violation of illegal inversion of product was highlighted. The closure of the pre-qualification window was announced, followed by the approval of minutes from the previous meeting on June 15th. A presentation detailed the application review lifecycle, explaining the meaning of statuses such as 'Submitted,' 'Received,' 'In Review,' 'Incomplete,' 'Resubmitted,' 'Pending CCB Review,' 'Approved,' and 'License.' Discussions also covered technical assistance and funding programs for social equity applicants, anticipated to start around August 1st. Finally, the board began review of the license register, with seven pre-qualification applications recommended for approval, bringing the total approved applicants to 210.

The meeting began with the Chair addressing the inordinate volume of status inquiries from applicants, emphasizing that such contacts divert staff resources from application review, and reviewed the established communication process for application status updates. Key discussion points included an update on the upcoming Propagation Cultivation license type, detailing its authorized activities and confirming the board is on track for issuing licenses by July 1, 2024. The Executive Director's report provided a retrospective of 2023 licensing data, noting 864 employee ID cards issued, 3,683 products registered, and 303 licenses issued. The report also detailed current cultivation license statistics, including renewal rates and license relinquishments, noting that 8% of cultivation licenses were relinquished, primarily for personal reasons or cost factors. Updates on retail locations showed no significant changes in density, and statistics on the new pre-qualification process were presented, showing 40 applications received since December, with common themes in conversations focusing on cost-benefit analysis.

The public hearing centered on proposed rules for the regulation of CBD products, specifically addressing energy efficiency standards (Section 2.5.6) and the reporting of energy efficiency benchmarks. Several commenters expressed concern over the strict proposed THC limit of 1.5 milligrams per serving, arguing it would place Vermont hemp farmers at a significant market disadvantage compared to other states and increase consumer costs by forcing products into the adult-use dispensary system. Commenters requested a lengthy sell-through period for existing packaging due to the proposed labeling changes. Significant discussion also focused on the definition and regulation of intoxicating hemp products, specifically the THC content limits (1.5 mg per serving and 10 mg total package limit) and exceptions for full-spectrum products, noting that an emergency rule addressing intoxicating synthetics and hemp-derived THC products was adopted since previous discussions. Commenters requested reconsideration of the low THC limits, suggesting that they hinder access to medicinal and effective full-spectrum products, and also voiced concerns about high industry entry fees and consumer taxes.