The Vermont Statutes Online

Title 18: Health

Chapter 089: Drug Paraphernalia

• § 4475. Definitions

  (a) As used in this chapter:

  (1) The term “drug paraphernalia” means all equipment, products, devices, and materials of any kind that are used, or promoted for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a regulated drug in violation of chapter 84 of this title. “Drug paraphernalia” does not include needles, syringes, or other harm reduction supplies distributed or possessed as part of an organized community-based needle exchange program.

  (2) “Organized community-based needle exchange program” means a program approved by the Commissioner of Health under section 4478 of this title, the purpose of which is to provide access to clean needles and syringes, and that is operated by an AIDS service organization, a substance abuse treatment provider, or a licensed health care provider or facility. Such programs shall be operated in a manner that is consistent with the provisions of 10 V.S.A. chapter 159 (waste management; hazardous waste), and any other applicable laws.

  (b) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:

  (1) statements by an owner or by anyone in control of the object concerning its use;

  (2) the proximity of the object to regulated drugs;

  (3) the existence of any residue of regulated drugs on the object;

  (4) direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to sell to persons intending to use the object in violation of this chapter;

  (5) instructions, oral or written, provided with the object concerning its use;

  (6) descriptive materials accompanying the object that explain or depict its use;

  (7) national and local advertising concerning its use;

  (8) the manner in which the object is displayed for sale;

  (9) whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

  (10) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

  (11) the existence and scope of legitimate uses for the object in the community; and

  (12) expert testimony concerning its use. (Added 1983, No. 186 (Adj. Sess.); amended 1999, No. 28, § 2; 2023, No. 22, § 5, eff. May 25, 2023.)

• § 4476. Offenses and penalties

  (a) A person who sells drug paraphernalia to a person under 18 years of age shall be imprisoned for not more than two years or fined not more than $2,000.00, or both.

  (b) The distribution and possession of needles and syringes as part of an organized community-based needle exchange program shall not be a violation of this section or of chapter 84 of this title. (Added 1983, No. 186 (Adj. Sess.); amended 1999, No. 28, § 3; 2017, No. 86 (Adj. Sess.), § 12.)

• § 4477. Forfeiture

  Upon conviction under section 4476 of this title, the defendant shall forfeit to the State all items used, promoted for use, or designed for use as drug paraphernalia. (Added 1983, No. 186 (Adj. Sess.).)

• § 4478. Needle exchange programs

  The Department of Health, in collaboration with the statewide harm reduction coalition, shall develop operating guidelines for needle exchange programs. If a program complies with such operating guidelines and with existing laws and rules, it shall be approved by the Commissioner of Health. Such operating guidelines shall be established not later than September 30, 1999. (Added 1999, No. 28, § 4; amended 2023, No. 6, § 151, eff. July 1, 2023.)