§ 4249. Transportation of alcohol, tobacco, or regulated drugs into places of detention
(a) No person shall knowingly carry or introduce or cause to be carried or introduced
into a lockup, jail, prison, or correctional facility:
(1) alcohol or alcoholic beverages;
(2) cannabis;
(3) a regulated drug, other than cannabis, as defined in section 4201 of this title, except upon the prescription or direction of a practitioner as that term is defined
in 26 V.S.A. chapter 36; or
(4) tobacco or tobacco products, except that an employee may possess or store tobacco
or tobacco products in a locked automobile parked on the correctional facility grounds,
store tobacco or tobacco products in a secure place within the correctional facility
that is designated for storage of employee tobacco, and possess tobacco or tobacco
products in a designated smoking area.
(b) A person who violates subdivision (a)(1) of this section shall be imprisoned not more
than three months or fined not more than $300.00, or both.
(c) A person who violates subdivision (a)(2) of this section shall be imprisoned not more
than six months or fined not more than $500.00, or both.
(d) A person who violates subdivision (a)(3) of this section shall be imprisoned not more
than one year or fined not more than $1,000.00, or both.
(e) A person who violates subdivision (a)(4) of this section shall be subject to a civil
penalty of not more than $450.00 for the first offense and $900.00 for any subsequent
offense. An action under this subsection shall be brought in the same manner as for
a traffic violation pursuant to 23 V.S.A. chapter 24.
(f) As used in this section, “correctional facility” means any secure or staff-secure
building, enclosure, space, or structure of or supported by the Department and used
for the confinement of persons committed to the custody of the Commissioner of Corrections,
or for any other matter related to such confinement. (Added 2003, No. 54, § 9; amended 2007, No. 64, § 2; 2017, No. 83, § 147.)