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Vermont Bill H.189 eliminates criminal penalties for personal drug possession and establishes health funding funds

Original title: An act relating to funding support services for persons who use drugs and eliminating misdemeanor criminal penalties for possessing or dispensing a personal use drug supply

Last action · February 11, 2025: Read first time and referred to the Committee on JudiciarySponsors: Troy Headrick and 3 others

Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Would Do

This bill eliminates criminal penalties and civil fines for individuals possessing or dispensing a of regulated drugs, replacing them with health needs screening and referral services. It establishes the Drug Use Health and Safety Advisory Board and the Community Care, Health, and Safety Special Fund, financed by cannabis excise taxes and opioid settlement funds, to expand voluntary and treatment services.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals who use drugs

Directly affected

Law enforcement and emergency response personnel

Officers must provide standardized health screening referral forms to individuals found possessing or dispensing personal-use quantities of regulated drugs.

Directly affected

Substance use disorder treatment and harm reduction providers

Eligible organizations can receive annual grant funding from the Community Care, Health, and Safety Special Fund to establish resource centers, mobile outreach, and low-barrier treatment.

Key Facts

  • Possessing or dispensing a regulated drug in an amount equal to or less than a benchmark personal use supply is exempt from criminal or civil penalties.
  • Individuals found in possession of a personal use supply must be offered a comprehensive health needs screening from VT Helplink and contact information for local harm reduction providers.
  • A person who completes a health needs screening is eligible to receive a $50.00 gift card.
  • The Drug Use Health and Safety Advisory Board is created, consisting of 13 members representing consumers, harm reduction providers, medical practitioners, academic experts, and legal reform specialists.
Show all 12 facts
  • The Advisory Board must recommend benchmark personal use supply quantities for each category of regulated drug on or before January 1, 2026.
  • The Department of Health must initiate rulemaking to adopt benchmark personal use supplies within 90 days of receiving recommendations from the Advisory Board.
  • The Community Care, Health, and Safety Special Fund is established to provide grants for community care resource centers, intensive case management, peer counseling, low-barrier treatment, and overdose prevention centers.
  • The Community Care, Health, and Safety Special Fund is funded by 40 percent of cannabis excise tax revenues, 15 percent of Opioid Abatement Special Fund disbursements, and General Fund transfers reflecting criminal justice savings.
  • The Substance Use Prevention Special Fund is established to fund substance use prevention programming, backed by 30 percent of cannabis excise tax revenues (capped at $10 million per fiscal year).
  • Law enforcement officers must provide a standard referral form developed by VT Helplink to any person possessing or dispensing a personal-use quantity of a regulated drug.
  • Participation in a health screening is not an admission of any kind and is inadmissible as evidence in court proceedings.
  • The Secretary of Administration must report to the General Assembly by January 15, 2026, on the projected budgetary savings from eliminating criminal penalties.

Frequently Asked Questions

What happens if someone is caught possessing a personal use supply of a regulated drug under this bill?
They will not be subject to criminal or civil penalties, but law enforcement or emergency response personnel will provide them with information and access to health needs screening through VT Helplink and local providers.
How will the community-based harm reduction and treatment services be funded?
They will be funded through the Community Care, Health, and Safety Special Fund, which receives 40 percent of cannabis excise tax revenues, 15 percent of disbursements, and General Fund transfers equal to projected savings from criminal justice reductions.
Who determines what qualifies as a 'benchmark personal use supply'?
The newly created Drug Use Health and Safety Advisory Board is responsible for determining the for each regulated drug, after which the Department of Health will adopt them through rulemaking.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

1 action
  1. Feb 11, 2025HouseIntroduced
    Read first time and referred to the Committee on Judiciary

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Decriminalization Linked to Dedicated Funding Streams

The legislation directly ties the removal of criminal penalties to the creation of new funding streams (cannabis excise taxes and opioid settlement funds) dedicated entirely to voluntary harm reduction and treatment infrastructure.

Connected Entities

Community Care, Health, and Safety Special Fund, Council of State Governments, Center for Justice Reform at Vermont Law and Graduate School and 9 more
OrganizationCommunity Care, Health, and Safety Special Fund“Special fund established to provide grants for community-based services reducing”Map →
OrganizationCouncil of State Governments“Conducted a 2021 study on racial disparities in drug case sentencing.”Map →
OrganizationCenter for Justice Reform at Vermont Law and Graduate School“Appoints a legal reform expert to the Advisory Board.”Map →
OrganizationBrennan Center for Justice“Authored a 2020 report on misdemeanor conviction impacts on earnings.”Map →
OrganizationSenate Committee on Committees“Appoints six members to the Advisory Board.”Map →
PersonSecretary of Administration“Required to report on budgetary impacts resulting from the elimination of crimin”Map →
OrganizationVT Helplink“Alcohol and Drug Support Center providing health needs screenings and standard r”Map →
OrganizationDrug Use Health and Safety Advisory Board“Created board responsible for determining benchmark personal use supplies and di”Map →
OrganizationSubstance Use Prevention Special Fund“Fund established to finance substance use prevention programming.”Map →
OrganizationSpeaker of the House“Appoints six members to the Advisory Board.”Map →
OrganizationDepartment of Health“Administers special funds and adopts rules regarding benchmark personal use supp”Map →
OrganizationGeneral Assembly“The state legislative body enacting the bill.”Map →

Sources

Open source document

legislature.vermont.gov

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy80
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz55
    Current news / social attention level

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