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Vermont Cannabis Control Board sued for ‘unconstitutional’ ad regulations (print)

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Vermont Cannabis Control Board sued for ‘unconstitutional’ ad regulations (print)


PITTSFIELD — On behalf of a coalition of businesses, Flora Cannabis is suing the Vermont Cannabis Control Board over what they deem to be “unreasonable” and “unconstitutional” advertising regulations. 

The Middlebury-based retailer said it’s trying to block the state’s “unprecedented and unconstitutional restrictions on the protected free speech rights of the state’s 500-plus licensed cannabis cultivators, manufacturers, distributors and retailers.” The lawsuit was filed Monday in Addison Superior Court, Civil Division. 

Having a health warning on all cannabis ads and demonstrating that no more than 15 percent of those potentially exposed to an ad are under the age of 21 are considered “unreasonable” burdens, according to the complaint. Also cited in the suit are “unreasonable” prohibitions on “common promotional offers” and “depicting or describing particular cannabis products on social media websites.”

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Flora said the litigation is supported by a broad coalition of licensed cultivators, manufacturers, distributors and retailers across Vermont. Scott Sparks, owner of Vermont Bud Barn in Brattleboro, said he’s involved in the suit. 

Dave Silberman, co-founder of Flora, described having attorney A.J. Ruben file the complaint “reluctantly, and only after years of failed attempts to reason with legislature and regulators to find a workable compromise, and to treat us in the same manner as the state treats other ‘regulated vice’ industries such as sports wagering and alcohol.”

“Vermont’s licensed cannabis industry supports reasonable advertising regulations, including targeted regulations to prevent advertising that is especially appealing to underage consumers, or making false or misleading statements,” Silberman said in a statement, calling the regulations “the nation’s most wide-ranging and onerous prohibition on protected speech.”

Current regulations are “illegally muzzling the cannabis industry and preventing us from being able to effectively communicate with adult customers,” Silberman added. 

CCB Chairman James Pepper said he received a copy of the complaint Tuesday night and knew it was coming. 

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“The industry has come out strongly asking for advertising reforms,” he said. 

Pepper expects the court will be looking at some of the principles related to the freedom of commercial speech. 

“How they come down on this will be interesting is all I can say,” he said. 

Pepper noted the CCB’s job is to enforce law as it’s written. He plans to ask the Attorney General’s Office to defend the CCB. 

“We really are, as regulators, not in a position to say the advertising laws are good or bad,” he said. “We’ll keep [enforcing] until we’re told otherwise.”

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In an interview Monday about goals and projects in the new year, Pepper mentioned the possibility of being sued over the ad regulations. 

“We may need another attorney position especially if the advertising law was struck down,” he said. 

Cannabis companies don’t like needing pre-approval before publishing ads as the process “slows things down for the businesses by about seven days,” Pepper said. With the CCB rejecting a “fair number” of submissions regularly, he anticipates enforcement actions with fines attached will require more resources for his agency. 

“It will be a lot more work for something that could have been dealt with through the advertising review process,” he said. 

CCB data released in October showed nine out of 29 advertising submissions were denied in a month. Six were missing or had illegible health warnings, one appealed to children, another missed audience requirements and one had not been classified. 

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Data in July showed 16 advertising submissions were approved and nine were denied in a month. Seven had missing or illegible health warnings. One was missing audience information, and another involved a cannabis product giveaway.

A hearing on a motion for preliminary injunction is set for late January, Ruben said.



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Vermont officials identify U.S. Border Patrol agent killed Monday in Coventry – VTDigger

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Vermont officials identify U.S. Border Patrol agent killed Monday in Coventry – VTDigger


A U.S. Customs and Border Protection agent in Donna, Texas, on May 2, 2019. Photo by Eric Gay/AP

Vermont officials on Tuesday identified the U.S. Border Patrol agent killed Monday afternoon in Coventry as David Maland.

The incident occurred on Interstate 91 at around 3:15 p.m., according to Vermont State Police. The FBI said Monday that a Border Patrol agent was fatally shot and that one “subject” was also killed. A third person was injured and in custody, according to the FBI. 

U.S. Customs and Border Patrol said the agent was “killed in the line of duty” and that the fallen officer had been assigned to the Swanton Sector of the border, which extends from New York through Vermont and New Hampshire. 

As of Tuesday afternoon, federal and state agencies had not officially identified the agent, but at the Vermont Statehouse, two state officials did.

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Speaking on the Senate floor Tuesday morning, Sen. Russ Ingalls, R-Essex, identified Maland following a moment of silence.

“I just want to put a name to the face of the officer that was killed yesterday,” Ingalls said. “His name is David Maland, and I thank you very much for the moment of silence.” 

At a press conference later Tuesday in his ceremonial Statehouse office, Gov. Phil Scott also identified Maland as the fallen officer, extending his “heartfelt condolences to Agent Maland’s family, friends, and colleagues.”

Public records identify a David C. Maland, 44, of Newport, who previously lived in Texas near the Mexican border, though it was not immediately clear whether the David Maland identified by Ingalls and Scott was the same individual.

In an interview with VTDigger, Ingalls again expressed his condolences and noted the impact that Maland’s death had on community members.

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“We have a very personal connection in the (Northeast) Kingdom with law enforcement,” he said. “We honor them, we believe in what they’re doing, and I’m sorry I never got a chance to meet this young man.” 

This story will be updated.

Ethan Weinstein contributed reporting.





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A new coalition is addressing Vermont’s housing crisis at the state level: Who’s behind it?

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A new coalition is addressing Vermont’s housing crisis at the state level: Who’s behind it?


A new Vermont nonprofit, Let’s Build Homes, has the ambitious goal of building 30,000 units of housing across the state by 2030.

This nonprofit, non-partisan alliance is working to “create a future of housing abundance for households of all background and income levels in Vermont while preserving the state’s unique character and cherished landscape.”

They hope to do this through breaking down barriers to construction, advocating and creating flexible policies that allow communities to grow in ways that work for them.

The organization has already garnered support from over 100 Vermont businesses and hundreds of individual residents. Let’s Build Homes has begun the process of organizing as a new, non-profit, 501(c)3. During the current start-up period, the Vermont Housing Finance Agency (VHFA) is serving as the organization’s fiscal agent.

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VHFA’s Executive Director Maura Collins said the coalition’s mission is to build more homes of all types for Vermonters of every background and income level.

How will building 30,000 new homes be possible?

At the Montpelier Statehouse Jan. 14, Collins was joined by steering committee members of Let’s Build Homes, including former Bulington Mayor Miro Weinberger, to introduce this new initiative.

While the organization is still in its early stages, they spoke about what people can expect to see from them in the coming months. Let’s Build Homes will tackle the housing crisis through:

  • Shifting the Narrative: Promoting a shared vision of Vermont as a state that welcomes new neighbors, growth and opportunity while preserving its unique character.
  • Building a Broad Coalition: Uniting individuals, organizations, municipalities and businesses to support housing growth.
  • Advocating for Pro-housing State Policy: Driving reform at the state level, including support for pro-housing legislation and regulatory streamlining.
  • Engaging Local Governments: Advocating for local ordinances and other local actions that enable and promote housing growth and supporting property owners and builders in navigating complex permitting processes.
  • Strategic Planning: Engaging in Act 250 Tier-mapping and ensuring infrastructure investments in village centers, downtowns and growth areas.

The state of the housing shortage in Vermont

The struggle to find affordable housing has been an ongoing issue not only in Vermont, but nationally. Collins gave the perspective that it’s not an issue only lowest income earners deal with anymore, but people with degrees, in the middle of their careers are struggling when they never did decades ago. She said data shows why that is.

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The Vermont Agency of Commerce and Community Development recently released a 2025-2029 Vermont Housing Needs Assessment. The comprehensive analysis is used to identity the current and projected housing needs of a region by examining population growth, household demographics and the availability and affordability of housing.

Looking to the past, there was a spike in the 1980s of construction, where three times the number of houses or apartments were being built compared to current numbers. The census reports Vermont’s 2024 population at 647,818, up a significant amount from 511,546 residents reported in 1985. The increase in population with a slower rate of homebuilding has left many Vermont areas with few vacancies, and even fewer affordable vacancies.

The assessment projects that Vermont needs 30,000 homes by the end of 2029 to achieve strong economic performance and growth that the state needs. To reach that number, the rate of production would need to be doubled.

But it’s a challenge Let’s Build Homes says needs to be contested, and they’re ready to unite Vermont businesses and people to fix the housing crisis.

Collins spoke directly to Vermonters stating that without housing action, “Vermont risks becoming a playground for the rich and famous while moderate-income workers struggle to live here.”

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Sydney P. Hakes is the Burlington city reporter. Contact her at SHakes@gannett.com.



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The 7 Best Vermont Events This Week: January 22-29, 2025 | Seven Days

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The 7 Best Vermont Events This Week: January 22-29, 2025 | Seven Days


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  • © Karel Bock | Dreamstime

  • Northern Leopard Frog

Riveting and Ribbiting

Saturday 25

Nature devotees of all ages get their creepy-cool critter fix with Stark Mountain Foundation’s Turtles to Toads event at Mad River Glen in Waitsfield. Knowledgeable staff from the Southern Vermont Natural History Museum lead the engrossing educational program, packed with touchable artifacts and toad-ally unique reptiles and amphibians — up close and in the scaly flesh.

Dynamic Doves

Saturday 25

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Culomba - COURTESY

Capital City Concerts continues its lauded 25th season with vocal ensemble Culomba at the Unitarian Church of Montpelier. The group, whose name is Corsican for “dove,” performs a vibrant program titled “Color and Joy for a Winter Afternoon,” featuring a diverse repertoire that spans from Balkan traditions to original compositions — the perfect remedy for those postholiday blues.

Viral Vermonter

Saturday 25

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Jen Ellis - COURTESY

Retired teacher Jen Ellis signs copies of her recent memoir, Bernie’s Mitten Maker — chronicling her experience with overnight fame — at Vermont Teddy Bear in Shelburne. Ellis rocketed into the cultural zeitgeist in 2021 when U.S. Sen. Bernie Sanders famously donned her cozy creations on Inauguration Day. You can be like Bernie and purchase a pair of meme-worthy mitts for yourself!

Don’t Dream It, Be It

Saturday 25

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Jordyn Fitch, Andy Lindquist and Natalie Norris - COURTESY OF ALBERTO PANIAGUA

  • Courtesy of Alberto Paniagua

  • Jordyn Fitch, Andy Lindquist and Natalie Norris

Creature Feature Club — an intrepid troupe of performers based in White River Junction — reprises its shadow cast roles for a screening of The Rocky Horror Picture Show at New Hampshire’s Lebanon Opera House. Iconic cult characters Brad, Janet and Dr. Frank-N-Furter come to life — on the big screen and onstage — for double the bawdy, gender-blending bliss.

Playing With Fire

Saturday 25

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Snowlights: Shadow Play - © VLADISLAV TURCHENKO | DREAMSTIME

  • © Vladislav Turchenko | Dreamstime

  • Snowlights: Shadow Play

Snowlights: Shadow Play at Highland Center for the Arts in Greensboro immerses guests in larger-than-life light displays. The illuminated indoor-outdoor event includes an interactive black light “ocean,” professional fire juggling, live music, and warm drinks and treats. Grab the kiddos and shake off January’s humdrum vibe where art, ingenuity and snow collide.

All Falls Down

Opens Wednesday 29

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The Play That Goes Wrong - COURTESY

  • Courtesy

  • The Play That Goes Wrong

Vermont Stage raises the curtain on The Play That Goes Wrong at Main Street Landing Performing Arts Center in Burlington. Set in the 1920s, this Olivier Award-winning murder mystery seamlessly blends the satire of Monty Python with the wit of Sherlock Holmes, offering audience members a clever, cunning, laugh-out-loud whodunit theater experience.

Old Haunts

Ongoing

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"ISLAND #24" by Susan Mikula - COURTESY

  • Courtesy

  • “ISLAND #24” by Susan Mikula

Susan Mikula‘s “Island” exhibition at the Brattleboro Museum & Art Center showcases haunting, atmospheric photographs created through the artist’s use of expired instant film and old Polaroid cameras. These dreamy, surrealist vistas highlight an unforgiving 30-acre shelf of bedrock in Bellows Falls — known as “the Island” — where human activity has long defined the landscape.



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