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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 18 : Health

Chapter 084 : POSSESSION AND CONTROL OF REGULATED DRUGS

Subchapter 001 : REGULATED DRUGS

(Cite as: 18 V.S.A. § 4234)
  • § 4234. Depressant, stimulant, and narcotic drugs

    [ Subsection (a) effective until July 1, 2023; see also subsection (a) effective July 1, 2023 .]

    (a) Possession.

    (1)(A) Except as provided by subdivision (B) of this subdivision (1), a person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

    (B) A person knowingly and unlawfully possessing 224 milligrams or less of buprenorphine shall not be punished in accordance with subdivision (A) of this subdivision (1).

    [ Subsection (a) effective July 1, 2023; see also subsection (a) effective until July 1, 2023 .]

    (a) Possession.

    (1) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

    (2) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 100 times a benchmark unlawful dosage or its equivalent as determined by the Board of Health by rule shall be imprisoned not more than five years or fined not more than $25,000.00, or both.

    (3) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 1,000 times a benchmark unlawful dosage or its equivalent as determined by the Board of Health by rule shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both.

    (4) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 10,000 times a benchmark unlawful dosage or its equivalent as determined by the Board of Health by rule shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.

    (b) Selling or dispensing.

    (1) A person knowingly and unlawfully dispensing a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling a depressant, stimulant, or narcotic drug, other than fentanyl, cocaine, or heroin, shall be imprisoned not more than five years or fined not more than $25,000.00, or both.

    (2) A person knowingly and unlawfully selling or dispensing a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, consisting of 100 times a benchmark unlawful dosage or its equivalent as determined by the Board of Health by rule shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both.

    (3) A person knowingly and unlawfully selling or dispensing a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, consisting of 1,000 times a benchmark unlawful dosage or its equivalent as determined by the Board of Health by rule shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.

    [ Subsection (c) repealed effective July 1, 2023.]

    (c) Possession of buprenorphine by a person under 21 years of age.

    (1) Except as provided in subdivision (2) of this subsection, a person under 21 years of age who knowingly and unlawfully possesses 224 milligrams or less of buprenorphine commits a civil violation and shall be subject to the provisions of section 4230b of this title.

    (2) A person under 16 years of age who knowingly and unlawfully possesses 224 milligrams or less of buprenorphine commits a delinquent act and shall be subject to the provisions of section 4230j of this title. (Added 1989, No. 100, § 5; amended 2001, No. 52, § 7; 2009, No. 25, § 14; 2017, No. 62, § 5; 2021, No. 46, § 2, eff. June 1, 2021; 2021, No. 46, § 3, eff. July 1, 2023.)