Silberman PLC

02/14/2022

Big news today from the VT Cannabis Control Board:

Provisional license ("qualification") applications will open on March 16!

12/21/2021

Silberman PLC Welcomes Benjamin Varadi as Of Counsel

Middlebury, Vt. -- Dec. 20, 2021

Silberman PLC is delighted to announce that cannabis industry veteran Benjamin Varadi has joined the firm as Of Counsel, adding to the firm’s leading-edge expertise in cannabis law ahead of provisional license applications opening in early 2022.

Ben is a Senior Fellow, Visiting Research Scholar, and Adjunct Professor of Law at Vermont Law School, teaching courses in securities regulation, commercial transactions, and farm and food law, and researching social equity regulation in the cannabis industry.

“Silberman PLC exemplifies client dedication, intellectual rigor, and determination to secure positive results both for individual clients and for the Vermont cannabis industry as a whole,” said Varadi. “It is a great honor to join a firm with such an impressive record of success and clear vision for the future.”

Ben, who is admitted to the bar in Oregon and Louisiana, and is pending admission in both Massachusetts and Vermont, has extensive experience representing entrepreneurs in the regulated cannabis industry and other industries at the cultural outskirts. He holds a JD from Tulane University School of Law and a BA in Social Technology from Burlington College.

“I’m thrilled to be able to bring on an attorney with such strong credentials and expertise,” said Dave Silberman, Founding Attorney at Silberman PLC. “Ben’s sharp business acumen and deep prior experience representing regulated vice businesses is a perfect fit for the firm’s cannabis practice, and comes at a perfect time, as our clients prepare to apply for their cannabis business licenses.”

11/24/2021

Great news! The CCB has issued its draft rules for cannabis businesses!

https://ccb.vermont.gov/meetings (see links under Nov. 23)

These rules govern license qualifications and operational requirements, and are the first detailed look at what businesses will need to do to comply in our new regulated marketplace -- but are non-final and will be subject to an extensive public feedback process.

Please reach out to schedule a consultation to discuss how these rules impact your plans!

The .gov means it’s official. State government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a state government site.

09/21/2021

IMPORTANT CANNABIS LICENSING UPDATE

On September 20, the Cannabis Control Board's Market Structure advisory subcommittee endorsed two important proposals on licensing fees. Formal approval by the Control Board, as well as a comprehensive fee schedule, should occur no later than October 1:

1. Provisional Licenses

The Board appears to favor a licensing process, where applicants will have the option to submit a provisional application, potentially earlier than the May, 2021 timeline set out in Act 164. The advisory subcommittee recommended a $500 application fee, which would be 100% credited towards the full application fee. The provisional license process will allow applicants to get early feedback on their applications, and allow the Control Board to get a better understanding of how many people are actually interested in obtaining licenses. The advisory committee will likely recommend that people who submit provisional applications be granted priority in the full application review process over others.

Bottom line: get ready for a potentially earlier application process than previously thought!

2. Local license fees will be low!

The advisory committee also is set to recommend that local license fees be capped at no more than $100. The Vermont League of Cities and Towns had been advocating for substantially higher fees for municipalities, but the committee pushed back against a perceived "money grab".

Be in touch if you have questions about Vermont's cannabis licensing process!

06/05/2021

Cannabis Control Board Week 2 Update: the Board lays out its priorities.

Vermont's new Cannabis Control Board met again on June 2, primarily hearing from 3 key legislators who played the biggest roles in passing 2020's Act 164 (and 2021's S.25, currently pending Governor Scott's signature), and the legislative lawyer who did the physical drafting.

After the presentations, Board Chair James Pepper laid out what he thought were the priorities the legislature intended the Board to focus on:

1) Prioritizing legacy growers and small cultivators, and bringing them into the regulated market.

2) Prioritizing social equity applicants.

3) Environmental protection and energy/land use issues.

4) Youth prevention and education.

5) Consumer protection.

6) Ensuring continuity of services for medical ma*****na patients.

7) Providing safe, equitable, and effective administration of the cannabis market in order to enable safe access to cannabis.

The Board then started divvying up responsibilities among themselves, with Commissioner Kyle Harris taking lead on small cultivators ( #1 above), and Commissioner Julie Hulburd taking lead on social equity ( #2). Those will be the main topics for the next two meetings.

The Board also gave an update on the Executive Director search. They appeared set to make an offer to their preferred candidate, and I hope we'll hear an update on that next week.

The Board is also waiting for other officials to appoint members of the Board's advisory committee. Once the Advisory Committee has been formed, I expect we'll see the pace of work pick up substantially. It's going to be a busy summer for these folks!

You can catch up on all of the Control Board's meetings at the link below, courtesy of ORCA Media:

05/27/2021

Vermont's new Cannabis Control Board officially met for the first time today. Here are my 4 big-picture takeaways:

1) Their first agenda item was a presentation by Xusana Davis, the state's Executive Director of Racial Equity. Davis strongly advocated for systemic, rather than individual, solutions to structural inequity, and the Board seemed very receptive to her ideas.

In response to a question from Commissioner Kyle Harris, Ms. Davis told the Board that they should consider not only race and ethnicity, but also s*x, gender identity, disability, poverty, and educational attainment as factors determining who might be considered a "social equity applicant".

I believe the Board was sending a strong signal by having Ms. Davis be the first person they hear from: that they are going to put equity front and center in their work.

2) The Board next received presentations on the requirements of the state's Open Meetings and Open Records laws. Board chair James Pepper left me with the impression that he intends to run this agency in an open and transparent manner. He indicated that the Board will set a regular meeting schedule both for the main body and for its Advisory Committee and the various subcommittees that will spawn. The next Board meeting will likely be next Thursday -- but keep your eye on the link below for exact time/date to be announced.

3) The Board went into Executive Session at 2pm to interview several finalists for the Executive Director opening. Mr. Pepper said that there were multiple qualified applicants, and that the Board hopes to extend an offer to one of the finalists very soon. Once the ED is hired, the Board will turn its attention to retaining a consulting company to help them write the initial rules governing the commercial market.

4) The Board is going to have a very busy summer and fall, and all commissioners explicitly recognized that their work will only be successful if the people who want to participate in the regulated cannabis market are a part of the process. In other words, they really want your input!

All in all, a promising start to a long process! Onward!

For up-to-date information on the Board's upcoming meetings, bookmark this site:

The .gov means it’s official. State government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a state government site.

04/29/2021

Great job alert!

Vermont's Cannabis Control Board is hiring an Executive Director.

Must be an attorney (licensed in any state) with some experience in regulatory or legislative matters. Attorneys of color, and others with a commitment to fostering diversity and inclusion in the cannabis industry, are especially encouraged to apply! Relocation assistance available.

Apply online here: https://careers.vermont.gov/job/Montpelier-Executive-Director-Cannabis-Control-Board-VT-05601/737266900/

03/30/2021

Better late than never: Governor Scott has (finally) announced his appointments to the Cannabis Control Board.

The Board’s chair will be James Pepper, who back in 2016 was Peter Shumlin’s liaison to the Legislature as the then-Governor made the first serious push for legalization, setting the stage for success with homegrow legalization in 2018 and the regulated market law in 2020. Also appointed are Julie Hulburd, an HR executive at VSAC, and Kyle Harris, who works on the state’s h**p program at the Agency of Agriculture.

With a Governor who has opposed legalization at every step of the way, this is about as good a Control Board as anyone could have hoped for.

Give me a call if you’re ready to start thinking seriously about getting your licensed cannabis business going!

Press Release Governor Phil Scott Announces Appointments to Cannabis Control Board 29 March 2021 Montpelier, Vt. – Governor Phil Scott announced today that he has appointed James Pepper of Montpelier, Julie Hulburd of Colchester and Kyle Harris of Montpelier to the Cannabis Control Board (CCB). .....

03/25/2021

At Silberman PLC, we pride ourselves on working closely with our business clients to provide them with high-quality, value-added legal services.

In our 20 years of practicing corporate law, we've represented large and small businesses across a wide range of industries, and have particular expertise in cannabis law and financial services.

Learn more about our practice and see what clients are saying at http://silbermanplc.com/testimonials/, and please be in touch whenever you need some good advice.