Vermont’s Attempt to Overturn Safe Drug Consumption Site Veto Fails by One Vote

The Vermont General Assembly failed to gather enough votes to overturn the governor’s veto of a safe consumption site (SCS) pilot, ending the push to authorize SCS for now. After the House voted in favor of overturning the veto, only 19 senators voted to do the same, falling short of the necessary 20 votes.

Legislative Session and Veto Details

On Monday, the Democrat-controlled legislature reconvened to address items left unfinished in May. The bill to authorize an SCS was one of seven vetoed by Governor Phil Scott (R) that potentially had enough support to be voted into law without his approval. Overturning each veto required a two-thirds supermajority.

On May 30, Scott vetoed H.72, the proposal to authorize a pilot program with an SCS slated for Burlington. Initially, the bill included funding for two sites, but the second site was cut in the final version that reached the governor’s desk.

Comparison to Other States

Vermont would have become the third state to authorize SCS, following Rhode Island and Minnesota. New York City remains the only jurisdiction to actually open SCS, with two sites operating under local authorization since 2021.

Overdose Crisis in Vermont

Over the past five years, fatal overdoses in Vermont have increased by 500 percent. Fentanyl was involved in 95 percent of overdose deaths recorded by the Vermont Department of Health in 2023.

Governor’s Veto Record

Though seven vetoes were on the June 17 agenda, Scott issued eight this session in total. In April, he chose not to sign legislation that would have banned flavored tobacco products. The legislature did not take this up alongside the other vetoes discussed at the session.

Governor’s Veto Rationale

“From my perspective, this bill is inconsistent with other laws related to legalized substance use,” Scott wrote in his veto letter. “In 2020, the Legislature legalized the commercial sale of cannabis, including edibles and other flavored products, which are now widely available, despite the known risks to youth and their developing brains. Yet, to my knowledge, I’m not aware of an initiative to ban such products.”

This statement mischaracterizes the relative risks of THC edibles and flavored vapes.