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Middlebury cannabis business sues Vermont regulator over free speech  – VTDigger

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Middlebury cannabis business sues Vermont regulator over free speech  – VTDigger


A customer examines a nugget of Forbin’s Finest Creature of the Deep cannabis at the Ninny Goat and Co. dispensary in Fairlee on Thursday, August 15, 2024. Photo by Glenn Russell/VTDigger

A Middlebury-based cannabis retailer filed a civil suit against the Vermont Cannabis Control Board this week, arguing that the state’s restrictions on advertising infringe on constitutionally-protected free speech rights.

In the suit filed Monday in Addison County Superior Court, the retailer, FLŌRA Cannabis, particularly targeted a Vermont law that requires licensed cannabis businesses to submit all public statements intended to induce a sale for pre-approval by the control board, even a sign placed only in a business’s own store.

“If I want to put signage in my own store — 20% off a product — I need to get it pre-approved by the CCB (Cannabis Control Board),” said FLŌRA co-founder Dave Silberman in an interview.

Backers of the law argue that the requirements exist to protect minors, “but people can’t enter unless they have their ID verified,” Silberman said. “I’m okay with no cartoon characters when I advertise, but with this level of stigma, it’s illegal to restrict our free speech in this way,” he added. 

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Cannabis Control Board Chair James Pepper — who is named in the suit along with board Executive Director Olga Fitch — said he was not surprised by the lawsuit. 

“It has been a bone of contention at the Legislature since back in 2020,” Pepper said. “Every year, the cannabis industry has come to the Legislature, arguing that these laws are too restrictive.” He added that the Cannabis Control Board is only enforcing the laws as they’re written.

“Cannabis advertising is any communication that is calculated to induce a sale. So someone saying that they’re selling with 20% off, whether that’s online or in store, is made to induce a sale,” Pepper said. It is legal to put a sign with a sale in your shop, he said, you just have to have it approved first. 

Since November 2022, the board has reviewed 585 advertisement submissions, approving 324, denying 169 and marking 25 submissions that didn’t count as advertisements, according to data provided by the control board. Most denials were approved upon resubmission after revisions.

Silberman claimed that licensed cannabis businesses in Vermont operate under stricter advertising regulations than any other industry in the state, including sports wagering, and that no other state where adult cannabis use is legalized has such strict rules. Pepper, however, questioned whether Vermont is the only state with a pre-approval requirement. 

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“I went to a cannabis regulatory meeting and pre-approval was discussed, and I remember a number of people raised their hands, but I can’t say definitively that we (Vermont) are not the only ones,” Pepper said.

To Silberman, the turnaround time is also an issue. When he submits an advertising statement for pre-approval, he said the control board takes a week to respond “if they respond at all,” he said.

The control board reviews submissions internally, beginning with a designated staff member who assesses their content. Advertisements without any direct problems, such as “therapeutic claims,” are typically processed within one to two days, according to Pepper. Submissions with ambiguous content are forwarded to a committee that meets weekly. Pepper estimated the review process generally takes no more than eight days, with occasional exceptions.

“We give feedback and they have the option to adjust the statement. It’s a conversation. Within a day it can be approved,” Pepper said. 

The lawsuit is supported by a broad coalition of manufacturers, distributors, and retailers across the state, according to a press release on Wednesday from FLŌRA.

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Vermont high school sports scores, results, stats for Saturday, Jan. 10

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Vermont high school sports scores, results, stats for Saturday, Jan. 10


The 2025-2026 Vermont high school winter season has begun. See below for scores, schedules and game details (statistical leaders, game notes) from basketball, hockey, gymnastics, wrestling, Nordic/Alpine skiing and other winter sports.

TO REPORT SCORES

Coaches or team representatives are asked to report results ASAP after games by emailing sports@burlingtonfreepress.com. Please submit with a name/contact number.

Contact Alex Abrami at aabrami@freepressmedia.com. Follow him on X, formerly known as Twitter: @aabrami5.

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Contact Judith Altneu at JAltneu@usatodayco.com. Follow her on X, formerly known as Twitter: @Judith_Altneu.

SATURDAY’S H.S. GAMES

Girls basketball 

Games at 12:30 p.m. unless noted

Missisquoi 50, Winooski 49

M: Kelsey Paradee 14 points. Aurora King 13 points.

W: Taraji Bradley 18 points. Moo July Htoo 14 points.

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Note: King hit the game winner at the buzzer to give the Thunderbirds the win.

Enosburg at Colchester

Mount Abraham at Middlebury

Danville at Williamstown, 4 p.m. 

Boys basketball

Games at 2:30 p.m. unless noted

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Hazen 65, Vergennes 60

H: Jameson Lamarre 22 points, 7 rebounds, 5 assists. Sullivan Laflam 17 points. Ethan Gann 10 points, 6 rebounds.

V: Theo Elzinga 15 points, 12 rebounds. Cohen Howell 15 points. Ryan Wright 11 points.

Lake Region at Missisquoi, 1:00 p.m.

BFA-Fairfax at Danville

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Stowe at Richford

Oxbow at Blue Mountain

Northfield at Williamstown, 7 p.m.

Watch Vermont high school games on NFHS Network

Girls hockey

Burlington/Colchester at Chittenden Charge, 2:20 p.m.

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Brattleboro at U-32, 2:30 p.m. 

BFA-St. Albans at Essex, 3 p.m. 

Burr and Burton at Stowe, 4:15 p.m. 

Hartford at Rutland, 4:30 p.m. 

Kingdom Blades at Rice, 4:35 p.m. 

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Harwood at Woodstock, 5:15 p.m. 

Spaulding at Missisquoi, 5:30 p.m. 

Boys hockey

BFA-St. Albans at Essex, 5 p.m.

Rice at Champlain Valley, 6:50 p.m.

Mount Mansfield at Burr and Burton, 5 p.m.

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U-32 at Colchester, 4:50 p.m.

Stowe at Brattleboro, 4:45 p.m.

Middlebury at Saranac, NY

Milton at Missisquoi, 8 p.m.

Burlington at Hartford, 2 p.m.

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St. Johnsbury at Woodstock, 7:15 p.m.

MONDAY’S H.S. GAMES

Girls basketball 

Games at 7 p.m. unless noted

Spaulding at Lyndon, 6:30 p.m. 

BFA-Fairfax at Twinfield/Cabot

Milton at Enosburg

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Winooski at Danville

Boys basketball

Games at 7 p.m. unless noted

BFA-St. Albans at Burlington

Thetford at Peoples

St. Johnsbury at Champlain Valley

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Montpelier at Harwood

Essex at South Burlington

Rice at Mount Mansfield

(Subject to change)





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How UVM hockey teams fared Jan. 9-10 — Schedule, scores, results

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How UVM hockey teams fared Jan. 9-10 — Schedule, scores, results


UVM welcomes Adrian Dubois as new men’s soccer coach

Adrian Dubois answers questions from the media following his introductory press conference on Monday, Dec. 22.

Conference play is in full swing to both Vermont basketball and hockey teams. Vermont basketball and women’s basketball both have a bye on Saturday, Jan. 10, meaning only the hockey teams are in action.

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How did those Catamounts men’s and women’s hockey teams fare this weekend? For schedule, scores and stats from all games, read on below:

FRIDAY, JAN. 9

Women’s hockey

Vermont 4, Merrimack 1

V: Oona Havana 2G. Kaylee Lewis 1G. Rose-Marie Brochu 1G. Julia Mesplede 2A. Stella Retrum 1A. Lauren O’Hara 1A. Brooke George 1A. Ashley Kokavec 1A. Zoe Cliche 19 saves.

M: Emma Pfeffer 1G. Stina Sandberg 1A. Avery Anderson 1A. Lauren Lyons 39 saves.

Note: The women’s hockey team has won three straight games securing its largest win streak of the season.

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Men’s hockey

Vermont 3, Northeastern 2

V: Sebastian Tornqvist 1G, 2A. Jens Richards 1G. Massimo Lombardi 1G. Colin Kessler 1A. Aiden Wright 1A. Jack Malinski 1A. Cedrick Guindon 1A. Aiden Wright 20 saves.

N: Joe Connor 1G. Amine Hajibi 1G. Jack Henry 1A. Tyler Fukakusa 1A. Dylan Hryckowian 1A. Dylan Finlay 1A. Lawton Zacher 21 saves.

Note: The men’s hockey team has won two straight games for the first time since winning its first two games of the season (Oct. 4-10).

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SATURDAY, JAN. 10

Women’s hockey

Vermont at Merrimack, 2 p.m.

Men’s hockey

Northeastern at Vermont, 7 p.m.

Contact Alex Abrami at aabrami@freepressmedia.com. Follow him on X, formerly known as Twitter: @aabrami5.

Contact Judith Altneu at JAltneu@usatodayco.com. Follow her on X, formerly known as Twitter: @Judith_Altneu.





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Brattleboro Memorial Hospital reaches settlement with US Justice Department over ADA compliance

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Brattleboro Memorial Hospital reaches settlement with US Justice Department over ADA compliance


Brattleboro Memorial Hospital has reached a settlement with the U.S. Department of Justice over allegations that the hospital violated the Americans with Disabilities Act during patient visits dating back to at least 2018.

The U.S. attorney for the District of Vermont received a complaint from a patient who said Brattleboro Memorial failed to provide qualified sign language interpreters and appropriate auxiliary aids and services during visits to the emergency department.

After an investigation, the U.S. attorney’s office said it discovered other patients, whose primary means of communication is American Sign Language, who did not receive adequate services from the hospital.

Under terms of the agreement, the hospital says it will provide qualified interpreters, create a new grievance procedure, provide training to its staff personnel on effective communication, and designate a program administrator who will coordinate 24/7 access to auxiliary aids and services.

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“BMH believes the agreement represents a positive step forward and aligns with the Hospital’s ongoing commitment to accessibility, inclusion, and high-quality care for all patients,” hospital spokesperson Gina Pattison wrote in a prepared statement. “The agreement reflects improvements BMH has implemented over the past several years to better serve patients who are deaf or hard of hearing.”

Pattison wrote that the hospital worked cooperatively with the Department of Justice throughout the investigation, and that over the past few years a series of new steps have been taken to better serve the deaf and hard of hearing community.

Since 2023, Brattleboro Memorial has been working with the group Deaf Vermonters Advocacy Services to update policies, procedures, staff education and clinical practices, according to Pattison.

Pattison said the hospital now has an on-call, in-person interpreter program along with access to video remote interpreting services.

The settlement agreement also requires the hospital to establish a fund to compensate people who have been affected by the failure to provide appropriate communication services from 2018 through 2025.

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“For the average person, going to the ER during a medical emergency is scary. Deaf individuals have the added stress and worry that they will not be able to communicate their symptoms, understand the doctor’s questions, or give consent because they do not have effective communication,” Deaf Vermonters Advocacy Services Director Rebecca Lalanne wrote in an email. “It is everyone’s hope that this agreement will change that experience and that BMH will assess and accommodate in accordance with the law.”

The U.S. attorney’s office will not pursue further legal action, according to the agreement.

Any person who visited the hospital and failed to receive appropriate services can contact the U.S. attorney’s office to fill out a civil rights complaint form.

“It is well settled under the ADA that patients have the right to effective communication in hospitals and doctors’ offices,” the Department of Justice press release said. “BMH has already taken steps to comply with its obligations under the ADA. And with the resolution agreement, BMH will timely provide qualified interpreters when necessary to ensure effective communication with patients and companions.”

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