The bill S.120 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 funds from the Opioid Abatement Special Fund to this 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 service information and monetary incentives for participating in needs assessments. The establishment of the Drug Use Health and Safety Advisory Board is also included to determine benchmark personal use supplies for various regulated drugs, promoting a public health approach over punitive measures.

The bill amends existing laws concerning the possession and distribution of controlled substances, including cocaine, heroin, and methamphetamine, by exempting individuals from criminal or civil penalties for possessing amounts equal to or less than a benchmark personal use supply. Instead of facing penalties, these individuals will receive health screening information. The legislation maintains severe penalties for unlawful possession and distribution of larger quantities, with imprisonment terms varying based on the amount involved. Additionally, the bill establishes two special funds dedicated to substance use prevention and community care, mandates the development of health needs screening protocols, and outlines the management of unspent cannabis excise tax funds. Certain provisions of the bill will take effect immediately upon passage, while others will be implemented gradually, with a specific section commencing 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