Commentary

Roper: Legislature logic: Ban flavored tobacco, but not flavored pot, and legalize meth

Seriously, are these people high themselves?

Daniel Kaesler/EyeEm, Getty Images

by Rob Roper

If you want to know why Vermont is in such terrible shape on so many fronts, it is because the people we have elected to make important decisions for us are totally unmoored from any rational approach to problem solving. They are devoid of any guiding principle, barring an intense desire to get their hands on our money and spend it as they see fit, which is usually not in a fit way. This is perfectly illustrated by the wildly divergent policies regarding marijuana, hard drugs, and nicotine currently under consideration in the State House.

I recently wrote about H.72 – An act relating to a harm-reduction criminal justice response to drug use, which the Vermont House passed 96-35 largely along party lines (a handful of Democrats joined all the Republicans in voting no), that would establish and fund state sponsored drug ingestion sites. These “safe spaces” – for all intents and purposes loosely supervised, no-tell crack dens – would allow anyone of any age to come in and do any drug without fear of criminal charges or being reported to health or other authorities, official or parental.

Then there is S.300 – 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, which “decriminalizes” (de facto legalizes) the possession AND DISTRIBUTION of small amounts of you name it. Fentanyl, meth, heroin, cocaine, acid, ecstasy, peyote….

According to this bill – which 12 of the 23 Democrat senators have signed onto as sponsors – someone can have or distribute an amount of pretty much any drug defined as a “benchmark personal use supply” or “the quantity of a drug commonly possessed for consumption by an individual for any therapeutic, medicinal, or recreational purpose,” with no age restrictions mentioned about who one can distribute these to.

Then there is S.72 – An act relating to lifting the potency limits on concentrated cannabis products, for which the title is self-explanatory.

So, at this point one might conclude that these are just a bunch of libertines with a “do whatever you want” attitude about what we all do with and put into our bodies. But then comes along the other bill getting a lot of attention this week, S.18 – An act relating to banning flavored tobacco products and e-liquids.

Wait, what?

How can we help you do your opioids? Who are we to say how much THC belongs in your edibles or your Tropicana Cookies Hash Rosin Vape (real thing, I looked it up)? But that pack of Kools? Oh, no. You can’t make that choice for yourself. That bubble gum flavored nicotine vape? Hand it over you evil dirtbag! Think of the children!

The justification for a flavored tobacco ban is, as it so often is, that it’s “for the children.” It’s not enough that these products are already illegal to anyone under twenty-one. It’s not enough that nicotine vapes are a healthier alternative to smoking that help many people to quit. Kids are getting their hands on them. Sure. Just like kids got their hands on regular cigarettes before flavors were available. Just like kids get their hands on pot they’re too young to legally buy today, and just like they got their hands pot that was totally illegal not too long ago.

But (S.18 features two pages of teeth gnashing and garment rending “findings” this point) those flavors are attracting kids and getting them hooked… say the same people who want to allow for even more potent marijuana laced gummies because that’ll be just fine and not in any way a temptation for four-year-old thinking they’ve discovered a cache of left over Halloween candy.

In fact, S.18 specifically states that the law “does not include cannabis and cannabis products that are offered by a cannabis establishment….” So, our legislators’ real message to kids: If you want to inhale flavored vapor like Cherry Snacks Liquid Diamonds (a real thing, I looked it up) your only option is a cannabis product that will get you really high. It’s almost as if these lawmakers didn’t so much care about kids’ health, but were really just working in league with the pot dealers, knee-capping their competition in order to boost their cronies’ bottom line. Hmmmm.

Is it any wonder we have a dangerously out of control drug culture flourishing in our state? In the world our elected leaders are creating for us and our children to live in, a drug dealer would be allowed to dispense single-serving amounts of the worst, most addictive, most destructive drugs to elementary school kids — in a government sponsored safe space designed for such a purpose, no less — and face no criminal penalties, whereas a gas station/convenience store owner who sells a pack of Newport Lights to a thirty-five-year-old could face civil penalties of $200 for a first offense and $500 for subsequent offenses. How messed up is that?

Source: Vermont Joint Fiscal Office

On the bright side, though, last week the Joint Fiscal Office let the members of the House Ways & Means Committee know that banning flavored tobacco products would result in an estimated annual revenue loss of between $7 million and $14 million. And so much for all that “save the children” rhetoric. It evaporated like a cloud of tobacco smoke in the wind. Screw the children. The people who profess to care so much would rather have the money.

Rob Roper is a freelance writer with 20 years of experience in Vermont politics including three years service as chair of the Vermont Republican Party and nine years as President of the Ethan Allen Institute, Vermont’s free market think tank.


CORRECTION: In “The Mafia-Style Corruption in the Clean Heat Standard” of January 31, 2024, I stated the meeting at which the quoted content took place was hosted by the PUC Technical Advisory Group (TAG). It was, in fact, a workshop held by the PUC itself, not the TAG. Also, in 2023 the Energy & Technology Committee changed its name to Energy & Environment, and in one instance I mistakenly used the old name. Thanks to my sharp eyed readers for letting me know!


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10 replies »

  1. Anything they can tax is a go for our crappy leadership,
    They don’t care about the fall out

  2. The Vermont legislature is little different from the drug cartels sending fentanyl over the southern border killing 100,000 U.S. citizens every year. ‘God D—n the pusher man.’

  3. Mr. Roper, Could you clarify the outcome on S.18? After it was passed by the Senate and referred to Ways and Means did it just change from a ban to licensing sellers? I’m not a lawyer and my reading of the bill isn’t helping.

    • Hi Cathy, They are still debating the bill in W&M. Yes, the issue of licensure is still on the table. As is the possibility of a ban, though my read of the conversation at this point is that they don’t want to forego the tax money, especially since the sales tax component has an impact on the property tax — their massive screw up they are now desperately trying to paper over with other taxes. Your insight is likely good that they will fall back on licensing — and a fee to be licensed $$ — to say “we did something” while avoiding the revenue loss from a ban. But, the next couple of week will tell!

    • Thank you. I’m consistently amazed how the “legislators” fail to consider the consequences of so many of their proposals, and this one is a doozy.

  4. It is ironically humorous that the flavored tobacco ban will disappear- the loss of tax revenue more important than actual health… similar to the “sugary beverage tax” that brought soda and most other drinks into the sales tax column- even the beverages that have less sugar. Orange juice remains untaxed- lower sugar orange juice is now taxed at 6 or 7%. “Affordable Heat Act”? Don’t ask. So much for honesty from the legislature.
    As to the plethora of bills enabling illegal drug users and dealers- I don’t see a tax angle- the fascination with enabling addiction by some in the legislature is mind numbing- perhaps the legislature thinks that increasing the number of addicted voters somehow helps them? Too high to vote, so the mail-in ballot becomes a tradable item? Here’s a hit of fentanyl for your ballot? Judging from conditions I have seen in the Burlington area, the legislators from these districts have no clue what is actually happening.
    There seems no limit to how low D/P politicians will go to ensure their goals.

    • “As to the plethora of bills enabling illegal drug users and dealers- I don’t see a tax angle….” This population creates an excuse to raise taxes to (ostensibly) deal with the problem. Just look at the money being spent on the hotel housing program, for example. Who do you think runs these programs — a left wing bureaucracy populated with otherwise useless activists now with a salary to do left wing politics full time. And, your concern about ballot harvesting is a real one.

    • Oh great, another “Jobs” program for the elitists to use patronage to dole out…
      Vermont’s government and NGO’s really do a poor job in actually treating substance abuse. Vermont’s government excels at throwing tax dollars at NGO’s and Agencies to perpetuate the problem- and therefore the treatment industry.
      The devil is literally in the details- To insure a D/P majority- the use of the mail in ballot becomes ubiquitous, along with the “bribe”- Homeless Motel program, this drug addiction and treatment imbroglio, The Climate “Emergency” in it’s entirety- from the GWSA to the Clean Heat standard and upcoming transportation tax scam- seemingly no piece of legislation cannot somehow be tied to the goal of retaining D/P political power as Vermont is forced downward into a socialist and totalitarian state.

  5. Action Alert comes from Vermont Physicians for Healthy Communities.

    A bill is being considered in the Vermont House Government Operations & Military Affairs Committee, H.612 An act relating to miscellaneous cannabis amendments. This bill seeks to remove the existing THC potency cap of 60% on solid concentrates, and the 30% cap on cannabis flower. The studies that have been conducted on the medical benefits of cannabis did not involve high-potency cannabis or weigh the increased risks of harm associated with high-potency cannabis.

    Doctors from Colorado came to Vermont some years back saying that the high concentrate THC products – dabs, shatter, butters – are very dangerous. Vermont has already experienced this. A student in Bethel almost overdosed from a first time experience with a dab. Vthope.net/mjpics.html may refresh people’s memories.

    For more from VFHC click the link below.
    https://vermont.physiciansforhealthycommunities.org/action-alert-thc?_hsmi=292584214&_hsenc=p2ANqtz–Fil-wapjI6a7Mrcb2rrJO0sUXApZ3kn2ENAa4TLaVhi4Hs2fuujU1v4W9abT44qhYWt7CvsTX24545zgMXMNbtVYxyA