The bill H.189 aims to combat the public health crisis of drug overdoses in Vermont by creating the Community Care, Health, and Safety Special Fund, which will provide grants for community-based harm reduction services and support for individuals with substance use disorders. It proposes to allocate 40 percent of the cannabis excise tax and a portion of the Opioid Abatement Special Fund to this new initiative. A significant aspect of the bill is the elimination of criminal penalties for possessing and dispensing personal use amounts of regulated drugs, allowing individuals to receive health services and information instead of facing legal consequences. The establishment of the Drug Use Health and Safety Advisory Board is also included to define benchmark personal use supplies for regulated drugs, promoting a shift from punitive measures to a public health approach.

The bill amends existing laws regarding the possession and distribution of various controlled substances, including cocaine, heroin, and hallucinogenic drugs, by decriminalizing possession of amounts equal to or less than a benchmark personal use supply. Individuals found with these amounts will not face criminal or civil penalties but will receive health needs screening information. The legislation maintains strict penalties for larger quantities indicative of distribution or trafficking, ensuring a balance between public health and law enforcement. Additionally, the bill creates two special funds to support substance use prevention programs and mandates the development of health needs screening protocols, emphasizing harm reduction services and community care resource centers. The effective dates for various provisions are structured to allow for a phased implementation, with some sections taking effect upon passage and others on January 1, 2026.

Statutes affected:
As Introduced: 18-4201, 18-4202, 18-4231, 18-4232, 18-4233, 18-4233a, 18-4233b, 18-4234, 18-4234a, 18-4234b, 18-4235, 18-4235a, 18-4774, 32-7909