[C]lad in a tie-dye T-shirt, Attorney General Bill Sorrell told his staff at an annual retreat last week that the Green Mountain State is likely to legalize marijuana next year.
Sorrell said in an interview Tuesday that while he doesn’t have any “insider information,” it’s his belief that the General Assembly will pass, and the governor will sign, legislation to legalize and regulate the recreational use and sale of marijuana during the upcoming legislative session.
Vermont’s top law enforcement official donned the ’60s-era attire as a joke for a “festive afternoon” with his staff at the Waterbury Fish and Game Club. “People got a kick out of it,” he said.
The annual retreat is an opportunity for Sorrell, who has served as attorney general since 1997, to brief his staff on legal and policy issues they might face in the coming year and reflect on accomplishments of the past year.
“They typically like to hear some discussion about what, from my perception, is on the horizon,” Sorrell said.
While no “prominent Vermonter” has told him that marijuana will be legalized, his reading of the tea leaves (“or the marijuana leaves,” he quipped) is that this is the year for legalization.
“Let me put it this way, I will be surprised if marijuana is not legalized in this next legislative session,” he said.
The evidence as he sees it? There is a clear path through the Legislature now that House Speaker Shap Smith says he favors legalization of marijuana. In previous legislative sessions, Smith has taken a “wait-and-see” approach, and has not allowed legislation to reach the floor of the House.
There are enough votes for legislation to pass in the Senate, he says, and outgoing Gov. Peter Shumlin has said he would sign a bill.
As momentum builds toward legalization, the Marijuana Policy Project has stepped up its lobbying efforts in Vermont. Its New England political director is moving to Montpelier to lobby full time.
“I think a real question is when will be the effective date of that law,” Sorrell said, noting that a July 1, 2016, start date is unlikely, in his opinion.
Once legislation is crafted, there will be a contentious rulemaking process. Vermont, however, doesn’t have to reinvent the wheel, Sorrell said. The state can draw from the experience of other states, such Washington, Oregon, Alaska and Colorado, that have, or are in the process of, regulating recreational marijuana industries, he said.
Vermont would be the first state to legalize marijuana solely through legislative action. Massachusetts is expected to have residents vote on a ballot initiative as soon as November 2016.
“Some of the very significant homework that needs to be done has already occurred,” Sorrell said.
Vermont could reasonably have a regulatory framework in place by January or July 2017, he said.
Marijuana remains illegal under federal law, but the Obama administration’s Justice Department has said it won’t intercede in states that legalize pot as long as the drug is tightly regulated. Another administration could choose a different course.
Sorrell said it was important to brief his staff on the likelihood of legalization because his staff will play a large role in a regulated marijuana industry. The precise nature of that role would depend on the law, but the Attorney General’s Office is responsible for protecting consumers, enforcing taxes and prosecuting bad actors.
It is not clear whether Sorrell will be leading the office when the legislation is implemented.
Sorrell is under investigation for alleged campaign finance violations, which he says must be concluded before he makes an announcement about his future in electoral politics. Chittenden County State’s Attorney T.J. Donovan, a Democrat, is seeking the AG’s office in 2016. Donovan lost a close primary race to Sorrell in 2012.
Shumlin appointed attorney and former state Rep. Tom Little to investigate allegations leveled by Vermont GOP Vice Chairman Brady Toensing that Sorrell violated campaign finance laws. Sorrell said he has fully complied with the investigation and has provided a 15-page to 20-page response to the allegations at Little’s request.
Little said Tuesday he was unable to comment on the investigation.
Sorrell said he expects the investigation to conclude “in the near future,” possibly by the end of October.
He said Little has not requested “large volumes” of emails or other records, only a limited number of documents Sorrell and his counsel volunteered as part of their response.
Sorrell said he would like to see the investigation concluded quickly, not just so he can make a decision about his future, but also because the investigation has taken a toll on him personally.
“I don’t want to pretend it’s fun to be accused of having taken bribes, so I want it behind me,” he said.
