§ 3504. Marijuana and tobacco use prohibited at child care facilities

(a) No person shall be permitted to use marijuana as defined in 18 V.S.A. § 4201 or to cultivate marijuana, or use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time.

(b) No person shall be permitted to use marijuana as defined in 18 V.S.A. § 4201, tobacco products, or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoors and in any outdoor area designated for child care, of a licensed or registered family child care home while children are present and in care. If use of marijuana or smoking of tobacco products or tobacco substitutes occurs on the premises during other times, the family child care home shall notify prospective families prior to enrolling a child in the family child care home that their child will be exposed to an environment in which marijuana, tobacco products, or tobacco substitutes are used. Cultivation of marijuana in a licensed or registered family child care home is not permitted.

(c) A person who knowingly uses or cultivates marijuana in violation of this section commits a misdemeanor crime and shall be subject to the following penalties:

(1) a fine of not more than $500.00 for a first offense;

(2) a fine of not more than $750.00 for a second offense;

(3) a fine of not more than $1,000.00 for a third or subsequent offense. (Added 2013, No. 135 (Adj. Sess.), § 5; amended 2017, No. 86 (Adj. Sess.), § 16.)