Gov. Scott vetoes legal marijuana, but summer could bring compromise

MONTPELIER - Gov. Phil Scott rejected a marijuana legalization bill that passed the Vermont Legislature this month, but said he was willing to work with lawmakers on a compromise.

Scott said he would send the bill back to the Legislature with suggestions to strengthen the bill to his liking. His specific concerns include what he considered weak penalties for sale of marijuana to minors and more time for a commission studying a regulated market.

"If the Legislature agrees to make the changes I am seeking, we can move forward with this discussion in a way that ensures the public health and safety of our communities and our children continue to come first," Scott said as he announced his veto Wednesday.

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Scott has often expressed reservations about marijuana legalization, public safety, and children, but did not spell out specific complaints until after the bill passed.

"It was a bit of a surprise that it all came together, to be perfectly honest with you," Scott said. "We did not have an opportunity at that point to weigh in. And it may be a miscalculation on my part. I thought we were going to have the discussion next year."

The bill, S.22, would legalize possession of up to one ounce of marijuana and two mature and four immature marijuana plants in July 2018. There would be no tax on the product, nor any commercial market, but the bill would create a commission to recommend by Nov. 1 how a regulated market might work. 

The governor wants to slow down the commission's work, require more details in their report, and add members of his administration, such as the commissioners of public safety, health and taxes.

Scott says the commission should work for at least one year, which would delay any vote on marijuana regulation until 2019.

The governor also wants the legalization bill to include greater penalties for consuming marijuana in the presence of children, using marijuana while driving and providing marijuana to children. He said he is comfortable with legalizing marijuana in July 2018, as proposed, if his other conditions are met.

Lt. Gov. David Zuckerman, a longtime supporter of marijuana legalization, said Scott had ignored voters' wishes and called the veto "very short sighted."

"I amsad to see the Governor disregard the will of most Vermonters and reduce individual liberties in our state," said Zuckerman, a Progressive/Democrat, in a statement.

Scott, a Republican serving his first year in office, previously pledged to veto the state budget and a property tax bill because of a dispute over school employee health insurance.

Lawmakers are expected to return to Montpelier on June 21-22 to consider a veto override or changes to those two bills. The marijuana veto adds a third bill to the mix.

The Senate and House of Representatives may be able to pass a marijuana bill in June that meets the governor's standards.

"I don’t think it’s a slam dunk but it could be done," said Sen. Dick Sears, D-Bennington, who orchestrated the procedural move that allowed S.22 to pass this year. Sears said he was surprised to see Scott suggest a compromise.

Rep. Don Turner said his 53-member Republican caucus is unlikely to agree to suspend House rules to allow the marijuana bill compromise to pass quickly. 

Several Republicans support legalization, Turner said, but "most of our caucus was opposed. I don’t see them changing their mind."

Laura Subin, director of the Vermont Coalition to Regulate Marijuana, said her group would continue to rally support for the measure this summer. 

The anti-legalization group Smart Approaches to Marijuana thanked Scott for the veto and vowed to "make sure any piece of legislation does not allow Big Marijuana to come to Vermont," SAM President Kevin Sabet said in a statement. 

Contact April McCullum at 802-660-1863 or amccullum@freepressmedia.com. Follow her on Twitter at @April_McCullum. 
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