reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4205. Acts prohibited

§ 4205. Acts prohibited
It shall be unlawful for any person to manufacture, possess, have under his or her control, sell, prescribe, administer, dispense, or compound any regulated drug, except as authorized in this chapter. (Added 1967, No. 343 (Adj. Sess.), § 5, eff. March 23, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4206. Licenses

§ 4206. Licenses
(a) No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce, prepare, prescribe, dispense, or compound any regulated drug, and no person as a wholesaler, manufacturer, pharmacist, or pharmacy shall possess or supply the same, without having first obtained a license from the respective professional board having jurisdiction over that person as so designated in subdivision 4201(1) of this title, or, in the event no professional board has such jurisdiction over a person, from the Department of Health under terms adopted by the Commissioner corresponding to those respecting professional licenses.
(b) The sales of regulated drugs by manufacturers or wholesalers to persons in this State are restricted to those persons qualified by law to possess the same in connection with a business or profession defined in this chapter. Such sales shall be made only to those persons presenting to the vendor or his or her representative proof in writing that the vendee is authorized under this chapter to possess, use, dispense, sell, compound, or administer that regulated drug.
(c) The ultimate user of a prescription drug who has lawfully obtained such prescription drug or other persons authorized by federal law may deliver, without being registered pursuant to 26 V.S.A. § 2061, the prescription drug to another person for the purpose of disposal of the prescription drug if the person receiving the prescription drug for purposes of disposal is authorized under a state or federal law or regulation to engage in such activity. (Added 1967, No. 343 (Adj. Sess.), § 6, eff. March 23, 1968; amended 2011, No. 27, § 2; 2023, No. 53, § 104, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4207. Certificates of approval

§ 4207. Certificates of approval
(a) No hospital, laboratory, or nursing home, or any other person not provided for under section 4206 of this title, shall possess, administer, compound, use, or supply any regulated drug without having first obtained a certificate of approval from the Department of Health.
(b) The certificate of approval issued by the Department of Health in accordance with this section shall be effective only for the person and address and the type of regulated drug designated therein and shall be conspicuously displayed at the indicated place of business.
(c) The fee for a certificate of approval shall be $1.00, and for each renewal thereof, $1.00.
(d) Persons to whom certificates of approval have been issued shall thereafter apply annually to renew that certificate with the Department of Health. Application for renewal shall be made July 1 of each year. Failure to apply for renewal within 30 days after such date will subject the applicant to a penalty of $25.00 in addition to the renewal fee, to be collected by the Department upon any subsequent application for renewal.
(e) The State and a municipal corporation therein shall be exempted from payment of the fees required by this section. (Added 1967, No. 343 (Adj. Sess.), § 7, eff. March 23, 1968; amended 2023, No. 53, § 105, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4208. Qualifications for issuance of licenses and certificates

§ 4208. Qualifications for issuance of licenses and certificates
Notwithstanding or in addition to any other provision of law, no license or certificate of approval shall be issued unless and until the applicant therefor has furnished proof satisfactory to the respective board or to the Department of Health in the exercise of its discretion:
(1) that the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character, and does not or do not use a regulated drug without medical justification;
(2) that the applicant possesses the means to carry on properly the business or profession described in his or her, or its application;
(3) in the case of an applicant for a certificate of approval, that the applicant is licensed under the applicable laws of this State, if any, to carry on within this State the business or profession described in his, her, or its application; and
(4) that the applicant or any of its managing officers has never been convicted of a violation of any of the criminal provisions of this chapter, or of a similar law of another state, or of the federal drug laws. (Added 1967, No. 343 (Adj. Sess.), § 8, eff. March 23, 1968; amended 2023, No. 53, § 106, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4209. Supervision, revocation, and reinstatement of licenses and certificates

§ 4209. Supervision, revocation, and reinstatement of licenses and certificates
(a) A board or the Department of Health may, after notice and opportunity for hearing, revoke or suspend for a period of time or amend the terms of any license or certificate issued by that board or the Department of Health under section 4207 of this title or under any provision of the laws of this State in the event that any one of the qualifications for issuance of a license or certificate listed in section 4208 of this title were at the time of such issuance or are subsequently thereto not met by the holder thereof or in the event that it is shown to that board’s or the Department of Health’s satisfaction that the holder or the holder’s employee or agent has violated any of the provisions of this chapter.
(b) Notwithstanding the foregoing, a board or the Department of Health may, upon application of such person, at any time, after notice and opportunity for hearing, and upon good cause shown satisfactory to that board or the Department of Health in the exercise of its discretion, reinstate the license or certificate of a person previously suspended or revoked by that board or the Department of Health under subsection (a) of this section. (Added 1967, No. 343 (Adj. Sess.), § 9, eff. March 23, 1968; amended 2023, No. 53, § 107, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4211. Records confidential

§ 4211. Records confidential
Prescriptions, orders, and records required by this chapter, and stocks of regulated drugs, shall be open for inspection only to federal or State officers or their specifically authorized agent whose duty it is to enforce the federal drug laws or this chapter; authorized agents of professional licensing board, as that term is defined under 3 V.S.A. chapter 5, or the Department of Health; or authorized agents of the Board of Medical Practice. No person having knowledge by virtue of the person’s office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution, or proceeding before the Department of Health, Board of Pharmacy, Board of Medical Practice, or another licensing or registration board, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party. (Added 1967, No. 343 (Adj. Sess.), § 11, eff. March 23, 1968; amended 1991, No. 167 (Adj. Sess.), § 65; 2019, No. 126 (Adj. Sess.), § 6; 2023, No. 53, § 109, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4212. Labels

§ 4212. Labels
(a) Whenever a manufacturer sells or dispenses a regulated drug and whenever a wholesaler sells or dispenses a regulated drug in a package prepared by him or her, he or she shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of regulated drug contained therein. No person, except a pharmacist or dispensing physician for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.
(b) Whenever a pharmacist or an employee of a hospital, infirmary, school, first aid station, or nursing home sells or dispenses any regulated drug, he or she shall affix to the container in which such drug is sold or dispensed a label showing his or her own name, address, and registry number, or the name, address, and registry number of the pharmacist or hospital or nursing home for whom he or she is lawfully acting, the name and address of the patient, or if the patient is an animal the name and address of the owner of the animal and the species of the animal, the name, address and registry number of the physician, dentist, or veterinarian by whom the prescription was written, the kind and form of the drug contained therein unless the practitioner has specifically ordered in that prescription that such information not be specified on the label, such directions as may be stated on the prescription, and the date of the issuance of the prescription. No person shall alter, deface, or remove any label so affixed. This subsection shall not apply to regulated drugs sold or dispensed for use exclusively within a hospital.
(c) Physicians, dentists, or veterinarians dispensing regulated drugs shall affix to the container a label showing the dispensing practitioner’s name, address, and registry number, the name and address of the patient, or if the patient is an animal the name and address of the owner of the animal and the species of the animal, the kind and form of the drug contained therein unless the dispensing practitioner considers that such information should not be so specified for medical reasons, such directions necessary for use, and the date of the issuance of the prescription and the dispensing of the drug. This subsection shall not apply to an amount of regulated drugs equivalent to three days’ dosage dispensed to a patient for his or her immediate use without charge by a physician on house call. (Added 1967, No. 343 (Adj. Sess.), § 12, eff. March 23, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4214. Authorized professional use of regulated drugs

§ 4214. Authorized professional use of regulated drugs
(a) A physician or dentist licensed under this chapter, in good faith and in the course of his or her professional practice only, may prescribe, administer, and dispense regulated drugs and he or she may cause the same to be administered for medical purposes only by a nurse licensed under this chapter, or an intern, medical or dental assistant, or resident, or in his or her absence by a responsible member of the family of the patient, under his or her direction and supervision.
(b) A duly licensed veterinarian, in good faith and in the course of his or her professional practice only and not for use by a human being, may prescribe, administer, and dispense regulated drugs and he or she may cause them to be administered for medical purposes only by an assistant or orderly or by the owner of the animal, under his or her direction and supervision.
(c) Any person who has obtained from a physician, dentist, or veterinarian any regulated drug for administration to a patient during the absence of such physician, dentist, or veterinarian under this section shall return to such physician, dentist, or veterinarian any unused portion of such drug, or shall take such action as may be specified by rules adopted by the Department of Health, when such drug is no longer required by the patient. (Added 1967, No. 343 (Adj. Sess.), § 14, eff. March 23, 1968; amended 2023, No. 53, § 111, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4215. Authorized sales by pharmacists

§ 4215. Authorized sales by pharmacists
(a) A duly licensed pharmacist, in good faith and in the course of professional practice, may sell and dispense regulated drugs to any person upon a written prescription or oral prescription that is reduced promptly to writing by the pharmacist by an individual authorized by law to prescribe and administer prescription drugs in the course of professional practice. The written prescription shall be dated and signed by the person prescribing or, if an oral prescription, by the pharmacist on the day when written, and bearing the full name and date of birth of the patient for whom the drug is prescribed, and the full name of the person prescribing. If the prescription is for an animal, the prescription shall state the species of animal for which the drug is prescribed and the full name and address of the owner of the animal. A prescription shall not be refilled unless refilling is authorized by the practitioner on the original prescription or by the original oral order.
(b)(1) The pharmacist filling a Schedule II prescription shall write the date of filling and the pharmacist’s own signature on the face of the prescription, or if an electronic prescription, shall enter the date of filling and the pharmacist’s name into the electronic record.
(2) Pharmacists shall be subject to the requirements of 21 U.S.C. chapter 13.
(3) Notwithstanding the provisions of subdivision (1) or (2) of this subsection, a prescription for a Schedule II drug written without a future fill date shall not be filled more than 30 days after the date the prescription was issued. A prescription for a Schedule II drug written to be filled at a future date shall not be filled more than 90 days after the date the prescription was issued.
(4) A physician who dispenses regulated drugs as part of his or her regular fee or for an additional fee shall be subject to the same requirements as a pharmacist for the purposes of this section.
(c) The legal owner of any stock of regulated drugs, upon discontinuance of dealing in such drugs, shall promptly sell such drugs to a manufacturer, wholesaler, or pharmacist, but only on an official written order. (Added 1967, No. 343 (Adj. Sess.), § 15, eff. March 23, 1968; amended 2007, No. 163 (Adj. Sess.), § 5; 2017, No. 48, § 7.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4215a. Sale of Schedule V drugs

§ 4215a. Sale of Schedule V drugs
(a) A duly licensed pharmacist may sell and dispense Schedule V drugs only upon written prescription or oral prescription that is promptly reduced to writing by a pharmacist, of a licensed physician, dentist, or veterinarian, dated and signed by the person prescribing or, if an oral prescription, by the pharmacist on the date when written.
(b) Schedule V drugs shall include:
Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone;
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
(c) The Schedule V drugs as listed in subsection (b) shall be deemed regulated drugs as defined in section 4201(29) of this title.
(d) For a first offense, a person knowingly and unlawfully violating the provisions of this section may be imprisoned for not more than six months or fined not more than $500.00, or both. For a second or subsequent offense, a person knowingly and unlawfully violating the provisions of this section may be imprisoned for not more than two years or fined not more than $2,000.00, or both. (Added 1975, No. 58.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4215b. Identification

§ 4215b. Identification
Only a patient for whom a prescription was written, the owner of an animal for which a prescription was written, or a bona fide representative of the patient or animal owner, as defined by the Board of Pharmacy by rule after consultation with the Commissioner of Health, may pick up a prescription for a Schedule II, III, or IV controlled substance. Prior to dispensing a prescription for a Schedule II, III, or IV controlled substance to a patient not personally known to the pharmacist, the pharmacist shall require the individual receiving the drug to provide a signature and show valid and current government-issued photographic identification as evidence that the individual is the patient for whom the prescription was written, the owner of the animal for which the prescription was written, or the bona fide representative of the patient or animal owner. If the individual does not have valid, current government-issued photographic identification, the pharmacist may request alternative evidence of the individual’s identity, as appropriate. (Added 2013, No. 75, § 3; amended 2013, No. 138 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4216. Authorized possession by individuals

§ 4216. Authorized possession by individuals
(a) A person to whom or for whose use any regulated drug has been prescribed, sold, or dispensed, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, may lawfully possess the same on the condition that such drug was prescribed, sold, or dispensed by a physician, dentist, pharmacist, or veterinarian licensed to practice in this State or under the laws of another state or country wherein such person has his or her practice, and further that all amounts of the drug are retained in the lawful container in which it was delivered to him or her by the person selling or dispensing the same.
(b) Notwithstanding the requirement in subsection (a) of this section that a regulated drug be retained in its original container, the individual to whom a regulated drug was prescribed, dispensed, or sold by a physician, dentist, or pharmacist licensed in Vermont or in another state or country may maintain up to a 14-day supply of the regulated drug outside the original container for his or her own personal use if the following conditions are met:
(1) the drug was prescribed for the individual;
(2) the individual is in possession of the original or a copy of the prescription label;
(3) at all times, the individual intends and has intended to use the drug only for legitimate medical use in conformity with instructions from the prescriber and dispenser; and
(4) the individual maintains the limited supply of the drug in a receptacle that reasonably constitutes a more convenient or portable format to enable the individual’s legitimate medical use. (Added 1967, No. 343 (Adj. Sess.), § 16, eff. March 23, 1968; amended 2015, No. 141 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4217. Reports by physicians and hospitals

§ 4217. Reports by physicians and hospitals
It shall be the duty of every physician and every hospital to report to the Commissioner of Health, promptly, all cases wherein a person has been or is being treated for the use of, or for problems arising from the use of, regulated drugs. The reports shall include the type of problem being treated, the class of regulated drug that was used, and such further information as is required by rules of the Department of Health as adopted under section 4202 of this title, except that the rules shall not require the listing or other identification of the names of the persons being so treated. (Added 1967, No. 343 (Adj. Sess.), § 17, eff. March 23, 1968; amended 1969, No. 203 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 78; 2023, No. 53, § 112, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4218. Enforcement

§ 4218. Enforcement
(a) It is hereby made the duty of the Department of Public Safety, its officers, agents, inspectors, and representatives, and pursuant to its specific authorization any other peace officer within the State, and of all State’s Attorneys, to enforce all provisions of this chapter and of the rules of the Department of Health adopted under this chapter, except those otherwise specifically delegated, and to cooperate with all agencies charged with the enforcement of the federal drug laws, this chapter, and the laws of other states relating to regulated drugs.
(b) Such authorities and their specifically authorized agents shall have, at all times, access to all orders, prescriptions, and records kept or maintained under this chapter, as provided herein.
(c) A person who gives information to law enforcement officers, the Drug Rehabilitation Commission, Department of Health, or professional boards as defined in section 4201 of this title and their specifically authorized agents, concerning the use of regulated drugs or the misuse by other persons of regulated drugs, shall not be subject to any civil, criminal, or administrative liability or penalty for giving such information.
(d) Nothing in this section shall authorize the Department of Public Safety and other authorities described in subsection (a) of this section to have access to VPMS (Vermont Prescription Monitoring System) created pursuant to chapter 84A of this title, except as provided in that chapter.
(e) The Department of Public Safety, in consultation with representatives of licensed Vermont pharmacies, shall adopt standard operating guidelines for accessing pharmacy records through the authority granted in this section. Any person authorized to access pharmacy records pursuant to subsection (a) of this section shall follow the Department of Public Safety’s guidelines. These guidelines shall be a public record. (Added 1967, No. 343 (Adj. Sess.), § 18, eff. March 23, 1968; amended 1969, No. 203 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 64; 2005, No. 205 (Adj. Sess.), § 2; 2013, No. 75, § 4; 2017, No. 113 (Adj. Sess.), § 79; 2023, No. 53, § 113, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4220. Violations; proceedings

§ 4220. Violations; proceedings
(a) In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
(b) No person shall be convicted of a violation of any provision of this chapter if such person shall have been acquitted or convicted under the criminal provisions of the federal drug laws for the same act or omission that, it is alleged, constitutes a violation of this chapter.
(c) On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment and sentence and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court or by the magistrate to the commission or officer, if any, by whom the convicted defendant has been licensed or registered to practice the person’s profession or to carry on the person’s business, and to the Commissioner of Health, who shall immediately transmit a copy thereof to the professional board, if any, having such person within its jurisdiction. (Added 1967, No. 343 (Adj. Sess.), § 20, eff. March 23, 1968; amended 1971, No. 14, § 23, eff. March 11, 1971; 2023, No. 53, § 114, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4221. Violations; presumptions

§ 4221. Violations; presumptions
(a) Possession of a false or forged prescription for a regulated drug by any person other than a pharmacist in the pursuance of his or her profession shall be presumptive evidence of his or her intent to use the same for the purpose of illegally obtaining a regulated drug.
(b) The presence of a regulated drug in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such drug was found; except that such presumption does not apply:
(1) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his or her trade;
(2) to any person in the automobile if one of them, having obtained the drug and not being under duress, is authorized to possess it and such drug is in the same container as when he or she received possession thereof; or
(3) when the drug is concealed upon the person of one of the occupants. (Added 1967, No. 343 (Adj. Sess.), § 21, eff. March 23, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4222. Common nuisances

§ 4222. Common nuisances
Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, that is resorted to by persons for the purpose of using regulated drugs or that is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance. (Added 1967, No. 343 (Adj. Sess.), § 22, eff. March 23, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4223. Fraud or deceit

§ 4223. Fraud or deceit
(a) No person shall obtain or attempt to obtain a regulated drug, or procure or attempt to procure the administration of a regulated drug:
(1) by fraud, deceit, misrepresentation, or subterfuge;
(2) by the forgery or alteration of a prescription or of any written order;
(3) by the concealment of a material fact; or
(4) by the use of a false name or the giving of a false address.
(b) Information communicated to a physician in an effort unlawfully to procure a regulated drug or unlawfully to procure the administration of any such drug shall not be deemed a privileged communication.
(c) No person shall willfully make a false statement in, or fail to prepare or obtain or keep, or refuse the inspection or copying under this chapter of, any prescription, order, report, or record required by this chapter.
(d) No person shall, for the purpose of obtaining a regulated drug, falsely assume the title of, or represent himself or herself to be a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person.
(e) No person shall make or utter any false or forged prescription or false or forged written order.
(f) No person shall affix any false or forged label to a package or receptacle containing regulated drugs.
(g) The provisions of this section shall apply to all transactions relating to amounts or types of drugs excepted from the provisions of this chapter by rule of the Department of Health under section 4204 of this title, in the same way as they apply to transactions relating to any other regulated drug.
(h) Any person who, in the course of treatment, is supplied with regulated drugs or a prescription therefor by one physician and who, without disclosing the fact, is knowingly supplied during such treatment with regulated drugs or a prescription therefor by another physician, shall be guilty of a violation of this section.
(i) A person who violates this section shall be imprisoned not more than two years and one day or fined not more than $5,000.00, or both. (Added 1967, No. 343 (Adj. Sess.), § 23, eff. March 23, 1968; amended 1989, No. 100, § 12; 2023, No. 53, § 115, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4224. Unused Prescription Drug, Needle, and Syringe Disposal Program

§ 4224. Unused Prescription Drug, Needle, and Syringe Disposal Program
(a) The Department of Health shall establish and maintain the statewide Unused Prescription Drug, Needle, and Syringe Disposal Program to provide for the safe disposal of Vermont residents’ unused and unwanted prescription drugs, needles, and syringes. The Program may include establishing secure collection and disposal sites and providing medication envelopes for sending unused prescription drugs to an authorized collection facility for destruction.
(b) Pharmacies that operate 10 or more establishments in the United States, while concurrently conducting business in Vermont, shall enroll in a drug disposal kiosk program on or before July 1, 2023. If the physical dimensions of a pharmacy make an on-site collection receptacle impossible under State and federal law, a pharmacy shall provide a mail-back option for consumers. (Added 2015, No. 173 (Adj. Sess.), § 14a, eff. June 8, 2016; amended 2021, No. 115 (Adj. Sess.), § 9, eff. July 1, 2022; 2023, No. 22, § 1, eff. May 25, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4226. Minors; treatment; consent

§ 4226. Minors; treatment; consent
(a)(1) If a minor 12 years of age or older is suspected to be dependent upon regulated drugs as defined in section 4201 of this title, to have venereal disease, or to be an alcoholic as defined in section 8401 of this title, and the finding of such dependency, disease, or alcoholism is verified by a licensed physician, the minor may give:
(A) his or her consent to medical treatment and hospitalization; and
(B) in the case of a drug dependent or alcoholic person, consent to nonmedical inpatient or outpatient treatment at a program approved by the Agency of Human Services to provide treatment for drug dependency or alcoholism if deemed necessary by the examining physician for diagnosis or treatment of such dependency or disease or alcoholism.
(2) Consent under this section shall not be subject to disaffirmance due to minority of the person consenting. The consent of the parent or legal guardian of a minor consenting under this section shall not be necessary to authorize care as described in this subsection.
(b) The parent, parents, or legal guardian shall be notified by the physician if the condition of a minor child requires immediate hospitalization as the result of drug usage, alcoholism, or for the treatment of a venereal disease. (Added 1971, No. 76; amended 1975, No. 143 (Adj. Sess.); 2017, No. 113 (Adj. Sess.), § 80.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4229. Maintenance of records

§ 4229. Maintenance of records
Notwithstanding the provisions of sections 4202, 4210, 4213, and 4215 of this title relating to the maintenance of records, all rules adopted by the Department of Health and the Board of Pharmacy governing the records for the manufacturing, distribution, and dispensation of regulated drugs shall be in accordance with the similar requirements set by the federal government under the Controlled Substances Act so that compliance with Department of Health and Board of Pharmacy rules will result in compliance with federal laws and regulations. (Added 1981, No. 244 (Adj. Sess.), § 19; amended 2017, No. 113 (Adj. Sess.), § 81; 2023, No. 53, § 116, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4230e. Cultivation of cannabis by a person 21 years of age or older

§ 4230e. Cultivation of cannabis by a person 21 years of age or older
(a)(1) Except as otherwise provided in this section, a person 21 years of age or older who cultivates not more than two mature cannabis plants and four immature cannabis plants shall not be penalized or sanctioned in any manner by the State or any of its political subdivisions or denied any right or privilege under State law.
(2) Each dwelling unit shall be limited to two mature cannabis plants and four immature cannabis plants regardless of how many persons 21 years of age or older reside in the dwelling unit. As used in this section, “dwelling unit” means a building or the part of a building that is used as a primary home, residence, or sleeping place by one or more persons who maintain a household.
(3) Any cannabis harvested from the plants allowed pursuant to this subsection shall not count toward the one-ounce possession limit in section 4230a of this title, provided it is stored in an indoor facility on the property where the cannabis was cultivated and reasonable precautions are taken to prevent unauthorized access to the cannabis.
(4) Cultivation in excess of the limits provided in this subsection shall be punished in accordance with section 4230 of this title.
(b)(1) Personal cultivation of cannabis only shall occur:
(A) on property lawfully in possession of the cultivator or with the written consent of the person in lawful possession of the property; and
(B) in an area that is screened from public view and access is limited to the cultivator and persons 21 years of age or older who have permission from the cultivator.
(2) A person who violates this subsection shall be assessed a civil penalty as follows:
(A) not more than $100.00 for a first offense;
(B) not more than $200.00 for a second offense; and
(C) not more than $500.00 for a third or subsequent offense. (Added 2017, No. 86 (Adj. Sess.), § 7; amended 2021, No. 158 (Adj. Sess.), § 8, eff. May 31, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4230f. Dispensing cannabis to a person under 21 years of age; criminal offense

§ 4230f. Dispensing cannabis to a person under 21 years of age; criminal offense
(a) No person shall:
(1) dispense cannabis to a person under 21 years of age; or
(2) knowingly enable the consumption of cannabis by a person under 21 years of age.
(b) As used in this section, “enable the consumption of cannabis” means creating a direct and immediate opportunity for a person to consume cannabis.
(c) Except as provided in subsection (d) of this section, a person who violates subsection (a) of this section shall be imprisoned not more than two years or fined not more than $2,000.00, or both.
(d) A person who violates subsection (a) of this section, where the person under 21 years of age while operating a motor vehicle on a public highway causes death or serious bodily injury to himself or herself or to another person as a result of the violation, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
(e)(1) Subsections (a)-(d) of this section shall not apply to a person under 21 years of age who dispenses cannabis to a person under 21 years of age or who knowingly enables the consumption of cannabis by a person under 21 years of age.
(2) A person who is 18, 19, or 20 years of age who knowingly dispenses cannabis to a person who is 18, 19, or 20 years of age commits a civil violation and shall be referred to the Court Diversion Program for the purpose of enrollment in the Youth Substance Awareness Safety Program in accordance with the provisions of section 4230b of this title and shall be subject to the penalties in that section for failure to complete the program successfully.
(3) A person 18, 19, or 20 years of age who knowingly dispenses to a person under 18 years of age who is at least three years that person’s junior shall be sentenced to a term of imprisonment of not more than five years in accordance with section 4237 of this title.
(4) A person who is 19 years of age who knowingly dispenses to a person 17 years of age or a person who is 18 years of age who knowingly dispenses cannabis to a person who is 16 or 17 years of age commits a misdemeanor crime and shall be fined not more than $500.00.
(5) A person who is under 18 years of age who knowingly dispenses cannabis to another person who is under 18 years of age commits a delinquent act and shall be subject to 33 V.S.A. chapter 52.
(f) This section shall not apply to a dispensary that lawfully provides cannabis to a registered patient or caregiver or to a registered caregiver who provides cannabis to a registered patient pursuant to chapter 86 of this title.
(g) The provisions of this section do not limit or restrict the prosecution for other offenses arising out of the same conduct, nor shall they limit or restrict defenses under common law. (Added 2017, No. 86 (Adj. Sess.), § 8; amended 2018, No. 8 (Sp. Sess.), § 14, eff. July 2, 2018; 2019, No. 167 (Adj. Sess.), § 4, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4230g. Dispensing cannabis to a person under 21 years of age; civil action for damages

§ 4230g. Dispensing cannabis to a person under 21 years of age; civil action for damages
(a) A spouse, child, guardian, employer, or other person who is injured in person, property, or means of support by a person under 21 years of age who is impaired by cannabis, or in consequence of the impairment by cannabis of any person under 21 years of age, shall have a right of action in his or her own name, jointly or severally, against any person or persons who have caused in whole or in part such impairment by knowingly dispensing cannabis to a person under 21 years of age or enabling the consumption of cannabis by a person under 21 years of age.
(b) Upon the death of either party, the action and right of action shall survive to or against the party’s executor or administrator. The party injured or his or her legal representatives may bring either a joint action against the impaired person under 21 years of age and the person or persons who knowingly dispensed the cannabis or enabled the consumption of the cannabis, or a separate action against either or any of them.
(c) An action to recover for damages under this section shall be commenced within two years after the cause of action accrues, and not after.
(d) In an action brought under this section, evidence of responsible actions taken or not taken is admissible if otherwise relevant.
(e) A defendant in an action brought under this section has a right of contribution from any other responsible person or persons, which may be enforced in a separate action brought for that purpose.
(f) A person who knowingly dispenses cannabis to a person under 21 years of age or who enables consumption of cannabis by a person under 21 years of age may be held liable under this section if the person knew, or a reasonable person in the same circumstances would have known, that the person who received the cannabis was under 21 years of age. (Added 2017, No. 86 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4230h. Chemical extraction via butane or hexane prohibited

§ 4230h. Chemical extraction via butane or hexane prohibited
(a) No person shall manufacture concentrated cannabis by chemical extraction or chemical synthesis using butane or hexane.
(b) A person who violates subsection (a) of this section shall be imprisoned not more than two years or fined not more than $2,000.00, or both. A person who violates subsection (a) of this section and causes serious bodily injury to another person shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 2017, No. 86 (Adj. Sess.), § 10; amended 2021, No. 158 (Adj. Sess.), § 20, eff. May 31, 2022.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4230i. Exceptions

§ 4230i. Exceptions
(a) A person who is convicted of a felony for selling cannabis in violation of section 4230 of this title or selling a regulated drug to minors or on school grounds in violation of section 4237 of this title for an offense that occurred on or after July 1, 2018 and who possesses one ounce or less of cannabis or five grams or less of hashish commits a civil violation and shall be assessed a civil penalty as follows:
(1) not more than $200.00 for a first offense;
(2) not more than $300.00 for a second offense; and
(3) not more than $500.00 for a third or subsequent offense.
(b) A person who is convicted of a felony for selling cannabis in violation of section 4230 of this title or selling a regulated drug to minors or on school grounds in violation of section 4237 of this title for an offense that occurred on or after July 1, 2018 and who possesses any of the following commits a misdemeanor and is subject to imprisonment of not more than one year or a fine of not more than $1,000.00, or both:
(1) more than one ounce, but not more than two ounces of cannabis;
(2) more than five grams, but not more than 10 grams of hashish; or
(3) not more than six mature cannabis plants and 12 immature cannabis plants. (Added 2017, No. 86 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4230j. Cannabis possession by a person under 16 years of age; delinquency

§ 4230j. Cannabis possession by a person under 16 years of age; delinquency
A person under 16 years of age who engages in conduct in violation of subdivision 4230b of this title commits a delinquent act and shall be subject to 33 V.S.A. chapter 52. The person shall be provided the opportunity to participate in the Court Diversion Program. (Added 2019, No. 167 (Adj. Sess.), § 7, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4231. Cocaine

§ 4231. Cocaine
(a) Possession.
(1) A person knowingly and unlawfully possessing 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 cocaine in an amount consisting of 2.5 grams or more of one or more preparations, compounds, mixtures, or substances containing cocaine shall be imprisoned not more than five years or fined not more than $100,000.00, or both.
(3) A person knowingly and unlawfully possessing cocaine in an amount consisting of one ounce or more of one or more preparations, compounds, mixtures, or substances containing cocaine shall be imprisoned not more than 10 years or fined not more than $250,000.00, or both.
(4) [Repealed.]
(b) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing 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 cocaine 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 cocaine in an amount consisting of 2.5 grams or more of one or more preparations, compounds, mixtures, or substances containing cocaine 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 cocaine in an amount consisting of one ounce or more of one or more preparations, compounds, mixtures, or substances containing cocaine shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.
(c)(1) Trafficking. A person knowingly and unlawfully possessing cocaine in an amount consisting of 150 grams or more of one or more preparations, compounds, mixtures, or substances containing cocaine with the intent to sell or dispense the cocaine 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 cocaine in an amount consisting of 150 grams or more of one or more preparations, compounds, mixtures, or substances containing cocaine intends to sell or dispense the cocaine. The amount of possessed cocaine under this subdivision to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be no less than 400 grams in the aggregate.
(2) A person knowingly and unlawfully possessing crack cocaine in an amount consisting of 60 grams or more of one or more preparations, compounds, mixtures, or substances containing crack cocaine with the intent to sell or dispense the crack cocaine 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 crack cocaine in an amount consisting of 60 grams or more of one or more preparations, compounds, mixtures, or substances containing crack cocaine intends to sell or dispense the crack cocaine. (Added 1989, No. 100, § 2; amended 2001, No. 52, § 4; 2003, No. 54, § 5; 2007, No. 187 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4232. LSD

§ 4232. LSD
(a) Possession.
(1) A person knowingly and unlawfully possessing lysergic acid diethylamide 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 lysergic acid diethylamide in an amount consisting of 100 milligrams or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide 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 lysergic acid diethylamide in an amount consisting of one gram or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide 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 lysergic acid diethylamide in an amount consisting of 10 grams or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide 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 lysergic acid diethylamide shall be imprisoned not more than three years or fined not more than $25,000.00, or both. A person knowingly and unlawfully selling lysergic acid diethylamide 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 lysergic acid diethylamide in an amount consisting of 100 milligrams or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide 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 lysergic acid diethylamide in an amount consisting of one gram or more of one or more preparations, compounds, mixtures, or substances containing lysergic acid diethylamide shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both. (Added 1989, No. 100, § 3; amended 2001, No. 52, § 5.)