Gov. Scott names 3-member Cannabis Control Board
April 2, 2021 | By Lisa Scagliotti 
James Pepper / Courtesy photo
Gov. Phil Scott on Monday announced appointments to the newly created three-member Vermont Cannabis Control Board: James Pepper and Kyle Harris, both of Montpelier, and Julie Hulburd of Colchester.
Pepper, who would serve as chair according to the governor’s press release, currently is a deputy state’s attorney for the Department of State’s Attorneys and Sheriffs. Since 2019, Harris has worked as an economic development specialist at the Vermont Agency of Agriculture, Food & Markets working on dairy innovation, maple initiatives and hemp business development.
Hulburd is human resources director at the Vermont Student Assistance Corporation with more than 20 years of Human Resources experience, including 12 years in municipal government.
The trio will form the new board that was supposed to be in place in January as part of Act 164, the 2020 law that laid the groundwork for a legal cannabis marketplace in Vermont. The administration took longer than expected to review nominations for the positions with Gov. Scott interviewing finalists personally. Approximately 100 applications were received for the three board seats.
“The board will play a critical role in ensuring public safety, equity, and fairness while implementing this new market,” Scott said. “James, Julie and Kyle bring diverse and relevant experience to the [board] and I’m confident they will hit the ground running when they get to work in the coming days.”
The purpose of the Cannabis Control Board is to safely, equitably and effectively implement and administer the laws and rules regulating adult-use cannabis in Vermont. It also will be responsible for establishing, administering and regulating a cannabis regulatory system for commercial cannabis cultivators, wholesalers, product manufacturers, retailers and testing laboratories.
On Town Meeting Day, Waterbury was one of about 30 towns across Vermont to vote in favor of opting into the new legal marketplace to grow, process and sell cannabis products. Duxbury, Waitsfield, Montpelier and Burlington also voted in favor; Richmond voters turned it down.
Julie Hulburd / Courtesy photo
The new board will also assume the responsibility for regulating the existing system of medical cannabis dispensaries and administering the medical cannabis registry, currently run by the Vermont Department of Public Safety.
The goals outlined in Act 164 call for fees and rules to be set in 2021 and licenses issued for cannabis sales in 2022.
Scott’s announcement notes that Pepper has worked on criminal justice reform initiatives including bail reform, expungement eligibility, use of force standards for law enforcement officers, and the expansion of juvenile jurisdiction. He also serves on the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel, the Juvenile Justice Advisory Panel and the Sentencing Commission.
Pepper gained experience with cannabis issues working in the administration of former Gov. Peter Shumlin as director of intergovernmental affairs and a senior policy advisor. He holds a bachelor’s degree in political science from Johns Hopkins University and a J.D. from Vermont Law School.
A member of the Colchester Selectboard, Hulburd has been a member of the state Ethics Commission since 2018 and its chair since 2019. She has also served on the Colchester parks and recreation advisory board and as a justice of the peace.
Hulburd has a bachelor’s degree from Northern Vermont University-Johnson and certification from the Human Resources Certification Institute and the Society for Human Resources Management. She volunteers for the Vermont Brain Injury Association's Walk for Thought, and with the Miss Vermont scholarship organization.
Kyle Harris/Courtesy photo
In his role as an agriculture development specialist at the Agriculture Agency, Harris has focused on emerging issues and economic development with a role as liaison with the Agency of Commerce and Community Development. He helped develop the agency’s Agriculture and Food System Strategic Plan 2021-2030.
Harris previously worked as associate counsel for environmental affairs at the Corn Refiners Association in Washington, D.C. where he looked to improve the environmental footprint at both ends of the supply chain. He has a bachelor’s degree in history from the College of Charleston, and a J.D. & Master of Environmental Law & Policy from Vermont Law School.
The board members are appointed for three-year terms and are eligible for reappointment to serve up to three terms. They will be full-time state employees. Gov. Scott’s spokesman Jason Maulucci said that Pepper as chair will receive a salary of $107,000; Harris and Hulburd will be paid approximately $80,400 per year.
The next steps in this process are for the board to hire an executive director and for a 12-member advisory committee to be appointed.
The new state law describes the latter group’s membership as having knowledge and experience relevant to the board’s mission. Some members would be appointed by the governor including those with expertise in public health and science. Legislative appointees would have expertise in social justice and equity, women- and minority-owned businesses, the cannabis industry itself, and substance abuse prevention.
Other members would be appointed by the state treasurer with backgrounds in business, regulatory compliance, and municipal issues; the attorney general would appoint those with knowledge of public safety and criminal justice reform. The committee also would include secretaries of Agriculture and Natural Resources.
The law called for nominations to the advisory committee by May 1. Maulucci noted that the timelines in the law for specific steps to be taken were drafted early in 2020 and not revised after the measure took until fall to be adopted. As a result, they don’t reflect the current schedule of implementing the new law.
Scott has come under some criticism for how long the board appointment process took. The law called for the board to be in place in January. Some question whether the delayed start might push back the overall implementation of the law which calls for the first licensees to start selling legal cannabis in May 2022.