§ 4233a. Fentanyl
(a) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing fentanyl shall be imprisoned not more
than three years or fined not more than $75,000.00, or both. A person knowingly and
unlawfully selling fentanyl shall be imprisoned not more than five years or fined
not more than $100,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing fentanyl in an amount consisting
of four milligrams or more of one or more preparations, compounds, mixtures, or substances
containing fentanyl shall be imprisoned not more than 10 years or fined not more than
$250,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing fentanyl in an amount consisting
of 20 milligrams or more of one or more preparations, compounds, mixtures, or substances
containing fentanyl shall be imprisoned not more than 20 years or fined not more than
$1,000,000.00, or both.
(4) In lieu of a charge under this subsection, but in addition to any other penalties
provided by law, a person knowingly and unlawfully selling or dispensing any regulated
drug containing a detectable amount of fentanyl shall be imprisoned not more than
five years or fined not more than $250,000.00, or both.
(b) Trafficking. A person knowingly and unlawfully possessing fentanyl in an amount consisting
of 70 milligrams or more of one or more preparations, compounds, mixtures, or substances
containing fentanyl with the intent to sell or dispense the fentanyl shall be imprisoned
not more than 30 years or fined not more than $1,000,000.00, or both. There shall
be a permissive inference that a person who possesses fentanyl in an amount of 70
milligrams or more of one or more preparations, compounds, mixtures, or substances
containing fentanyl intends to sell or dispense the fentanyl. The amount of possessed
fentanyl under this subsection to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be not less than 70 milligrams in the aggregate.
(c) Transportation into the State. In addition to any other penalties provided by law,
a person knowingly and unlawfully transporting more than 20 milligrams of fentanyl
into Vermont with the intent to sell or dispense the fentanyl shall be imprisoned
not more than 10 years or fined not more than $100,000.00, or both.
(d) As used in this section, “knowingly” means:
(1) the defendant had actual knowledge that one or more preparations, compounds, mixtures,
or substances contained the regulated drug identified in the applicable section of
this chapter; or
(2) the defendant:
(A) was aware that there is a high probability that one or more preparations, compounds,
mixtures, or substances contained the regulated drug identified in the applicable
section of this chapter; and
(B) took deliberate actions to avoid learning that one or more preparations, compounds,
mixtures, or substances contained the regulated drug identified in the applicable
section of this chapter. (Added 2017, No. 62, § 4; amended 2023, No. 125 (Adj. Sess.), § 14, eff. July 1, 2024.)