H.189 is a Vermont bill aimed at addressing the public health crisis of drug overdoses 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. The bill proposes to allocate 40 percent of the cannabis excise tax and a portion of the Opioid Abatement Special Fund to this initiative. It seeks to eliminate criminal penalties for possessing and dispensing personal use amounts of regulated drugs, ensuring individuals receive health service information and incentives for participating in needs assessments. Additionally, the bill establishes the Drug Use Health and Safety Advisory Board to determine benchmark personal use supplies for regulated drugs and oversee grant distribution.

Key amendments in the bill include the introduction of the definition of "benchmark personal use supply," which refers to the quantity of a drug typically possessed for personal consumption, and the removal of methamphetamine from the exclusion of depressant or stimulant drugs. The bill modifies penalties for cocaine possession, stating that individuals with amounts equal to or less than the benchmark personal use supply will not face criminal or civil penalties but will receive health screening information. It also establishes two special funds for substance use prevention and community care, mandates health needs screening protocols for individuals in contact with law enforcement, and outlines the management of unspent cannabis excise tax funds. The bill's provisions will take effect upon passage, with certain sections activating on January 1, 2026, allowing for a gradual implementation of its measures.

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