reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4233. Heroin

§ 4233. Heroin
(a) Possession.
(1) A person knowingly and unlawfully possessing heroin 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 heroin in an amount consisting of 200 milligrams or more of one or more preparations, compounds, mixtures, or substances containing heroin 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 heroin in an amount consisting of one gram or more of one or more preparations, compounds, mixtures, or substances containing heroin shall be imprisoned not more than 10 years or fined not more than $250,000.00, or both.
(4) A person knowingly and unlawfully possessing heroin in an amount consisting of two grams or more of one or more preparations, compounds, mixtures, or substances containing heroin shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.
(b) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing heroin shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling heroin 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 heroin in an amount consisting of 200 milligrams or more of one or more preparations, compounds, mixtures, or substances containing heroin 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 heroin in an amount consisting of one gram or more of one or more preparations, compounds, mixtures, or substances containing heroin shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.
(c) Trafficking. A person knowingly and unlawfully possessing heroin in an amount consisting of 3.5 grams or more of one or more preparations, compounds, mixtures, or substances containing heroin with the intent to sell or dispense the heroin 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 heroin in an amount of 3.5 grams or more of one or more preparations, compounds, mixtures, or substances containing heroin intends to sell or dispense the heroin. The amount of possessed heroin under this subsection to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be no less than 10 grams in the aggregate.
(d) Transportation into the State. In addition to any other penalties provided by law, a person knowingly and unlawfully transporting one gram or more of heroin into Vermont with the intent to sell or dispense the heroin shall be imprisoned not more than 10 years or fined not more than $100,000.00, or both. (Added 1989, No. 100, § 4; amended 2001, No. 52, § 6; 2003, No. 54, § 6; 2007, No. 187 (Adj. Sess.), § 2; 2013, No. 195 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4233a. Fentanyl

§ 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. (Added 2017, No. 62, § 4.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4234a. Methamphetamine

§ 4234a. Methamphetamine
(a) Possession.
(1) A person knowingly and unlawfully possessing methamphetamine 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 methamphetamine in an amount consisting of 2.5 grams or more of one or more preparations, compounds, mixtures, or substances containing methamphetamine 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 methamphetamine in an amount consisting of 25 grams or more of one or more preparations, compounds, mixtures, or substances containing methamphetamine shall be imprisoned not more than 10 years or fined not more than $250,000.00, or both.
(b) Selling and dispensing.
(1) A person knowingly and unlawfully dispensing methamphetamine shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling methamphetamine 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 methamphetamine in an amount consisting of 2.5 grams or more of one or more preparations, compounds, mixtures, or substances containing methamphetamine 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 methamphetamine in an amount consisting of 25 grams or more of one or more preparations, compounds, mixtures, or substances containing methamphetamine shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.
(c) Trafficking. A person knowingly and unlawfully possessing methamphetamine in an amount consisting of 300 grams or more of one or more preparations, compounds, mixtures, or substances containing methamphetamine with the intent to sell or dispense the methamphetamine 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 methamphetamine in an amount consisting of 300 grams or more of one or more preparations, compounds, mixtures, or substances containing methamphetamine intends to sell or dispense the methamphetamine. The amount of possessed methamphetamine under this subsection to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be no less than 800 grams in the aggregate. (Added 2003, No. 54, § 7.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4235. Hallucinogenic drugs

§ 4235. Hallucinogenic drugs
(a) “Dose” of a hallucinogenic drug means that minimum amount of a hallucinogenic drug, not commonly used for therapeutic purposes, that causes a substantial hallucinogenic effect. The Department of Health shall adopt rules that establish doses for hallucinogenic drugs. The Department may incorporate, where applicable, dosage calculations or schedules, whether described as “dosage equivalencies” or otherwise, established by the federal government.
(b) Possession.
(1) A person knowingly and unlawfully possessing a hallucinogenic drug, other than 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 10 or more doses of a hallucinogenic drug, other than 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 100 or more doses of a hallucinogenic drug, other than 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 1,000 or more doses of a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both.
(c) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing a hallucinogenic drug, other than 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 a hallucinogenic drug, other than 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 10 or more doses of a hallucinogenic drug, other than 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 100 or more doses of a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both. (Added 1989, No. 100, § 6; amended 2001, No. 52, § 8; 2023, No. 53, § 118, eff. June 8, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4235a. Ecstasy

§ 4235a. Ecstasy
(a) Possession.
(1) A person knowingly and unlawfully possessing Ecstasy 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 Ecstasy in an amount consisting of two grams or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy 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 Ecstasy in an amount consisting of 20 grams or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy 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 Ecstasy in an amount consisting of seven ounces or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy 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 Ecstasy shall be imprisoned not more than three years or fined not more than $25,000.00, or both. A person knowingly and unlawfully selling Ecstasy 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 Ecstasy in an amount consisting of two grams or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy 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 Ecstasy in an amount consisting of 20 grams or more of one or more preparations, compounds, mixtures, or substances containing Ecstasy shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both. (Added 2001, No. 52, § 9.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4236. Manufacture or cultivation

§ 4236. Manufacture or cultivation
(a) A person knowingly and unlawfully manufacturing or cultivating a regulated drug shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.
(b) This section shall not apply to the cultivation of cannabis. (Added 1989, No. 100, § 7.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4237. Selling or dispensing to minors; selling on school grounds

§ 4237. Selling or dispensing to minors; selling on school grounds
(a) Dispensing regulated drugs to minors. A person knowingly and unlawfully dispensing any regulated drug to a minor who is at least three years that person’s junior shall be sentenced to a term of imprisonment of not more than five years.
(b) Sale of regulated drugs. A person knowingly and unlawfully selling any regulated drug to a minor shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than 10 years.
(c) Selling on school grounds. No person shall knowingly and unlawfully:
(1) dispense or sell a regulated drug to any person on a school bus or on real property owned by a public or private elementary, secondary, or vocational school;
(2) sell a regulated drug to any person on real property abutting real property owned by a public or private elementary, secondary, or vocational school; or
(3) dispense a regulated drug to any person in public view on real property abutting real property owned by a school.
(d) Abutting school property. The selling or dispensing of a regulated drug to a person on property abutting school property is a violation under this section only if it occurs within 500 feet of the school property. Property shall be considered abutting school property if:
(1) it shares a boundary with school property; or
(2) it is adjacent to school property and is separated only by a river, stream, or public highway.
(e) Penalty. A person who violates subsection (c) of this section shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than 10 years.
(f) Definitions. As used in this section:
(1) “Minor” means a person under the age of 18.
(2) “Owned by a school” means owned, leased, controlled, or subcontracted by a school and used frequently by students for educational or recreational activities. (Added 1989, No. 100, § 8; amended 2001, No. 52, § 10; 2003, No. 54, § 8; 2017, No. 113 (Adj. Sess.), § 83.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4238. Second and subsequent offenses

§ 4238. Second and subsequent offenses
A person convicted of a second or subsequent offense of violating section 4228, 4230, 4231, 4232, 4233, 4234, 4235, 4236 or 4237 of this title, except a violation of subdivision 4230(a)(1), shall be subject to a term of imprisonment or fined up to twice that authorized by those sections, or both. (Added 1989, No. 100, § 9.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4239. Collection of fines

§ 4239. Collection of fines
Fines imposed for violation of this chapter shall be considered as a judgment and may be collected and executed upon by the State, through the State’s Attorney’s office or the Attorney General’s office, according to the Rules of Civil Procedure. The State may use the discovery provisions of the civil rules in connection with collection of an execution upon the judgment. Such procedure for collection of a fine shall not be exclusive. (Added 1989, No. 100, § 15.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4242. Seizure

§ 4242. Seizure
(a) The court may issue at the request of the State ex parte a preliminary order or process to seize or secure property for which forfeiture is sought and to provide for its custody. Process for seizure of such property shall issue only upon a showing of probable cause that the property is subject to forfeiture. Application therefor and issuance, execution, and return shall be subject to provisions of applicable law.
(b) Any property subject to forfeiture under this subchapter may be seized upon process. Seizure without process may be made when:
(1) the seizure is incident to an arrest with probable cause or a search under a valid search warrant;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the State in a forfeiture proceeding under this subchapter; or
(3) the seizure is incident to a valid warrantless search.
(c) If property is seized without process under subdivision (b)(1) or (3) of this section, the State shall forthwith petition the court for a preliminary order or process under subsection (a) of this section.
(d) Notwithstanding subsection 4241(b) of this title, all regulated drugs the possession of which is prohibited under this chapter are contraband and shall be automatically forfeited to the State and destroyed. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 1987, No. 42; 2015, No. 53, § 4.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4243. Judicial forfeiture procedure

§ 4243. Judicial forfeiture procedure
(a) Conviction or agreement required. An asset is subject to forfeiture by judicial determination under section 4241 of this title and 13 V.S.A. § 364 if:
(1) a person is convicted of the criminal offense related to the action for forfeiture; or
(2) a person enters into an agreement with the prosecutor under which he or she is not charged with a criminal offense related to the action for forfeiture.
(b) Evidence. The State may introduce into evidence in the judicial forfeiture case the fact of a conviction in the Criminal Division of the Superior Court.
(c) Burden of proof. The State bears the burden of proving by clear and convincing evidence that the property is an instrument of or represents the proceeds of the underlying offense.
(d) Notice. Within 60 days from when the seizure occurs, the State shall notify any owners, possessors, and lienholders of the property of the action, if known or readily ascertainable. Upon motion by the State, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.
(e) Return of property. If notice is not sent in accordance with subsection (d) of this section, and no time extension is granted or the extension period has expired, the law enforcement agency shall return the property to the person from whom the property was seized. An agency’s return of property due to lack of proper notice does not restrict the agency’s authority to commence a forfeiture proceeding at a later time. Nothing in this subsection shall require the agency to return contraband, evidence, or other property that the person from whom the property was seized is not entitled to lawfully possess.
(f) Filing of petition. The State shall file a petition for forfeiture of any property seized under section 4242 of this title promptly, but not more than 14 days from the date the preliminary order or process is issued. The petition shall be filed in the Superior Court of the county in which the property is located or in any court with jurisdiction over a criminal proceeding related to the property.
(g) Service of petition. A copy of the petition shall be served on all persons named in the petition as provided for in Rule 4 of the Vermont Rules of Civil Procedure. In addition, the State shall cause notice of the petition to be published in a newspaper of general circulation in the State, as ordered by the court. The petition shall state:
(1) the facts upon which the forfeiture is requested, including a description of the property subject to forfeiture, and the type and quantity of regulated drug involved;
(2) the names of the apparent owner or owners, lienholders who have properly recorded their interests, and any other person appearing to have an interest; and, in the case of a conveyance, the name of the person holding title, the registered owner, and the make, model, and year of the conveyance. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 2015, No. 53, § 5; 2015, No. 97 (Adj. Sess.), § 50.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4244. Forfeiture hearing

§ 4244. Forfeiture hearing
(a) Within 60 days following service of notice of seizure and forfeiture under section 4243 of this title, a claimant may file a demand for judicial determination of the forfeiture. The demand must be in the form of a civil complaint accompanied by a sworn affidavit setting forth the facts upon which the claimant intends to rely, including, if relevant, the noncriminal source of the asset or currency at issue. The demand must be filed with the court administrator in the county in which the seizure occurred.
(b) The court shall hold a hearing on the petition as soon as practicable after, and in any event no later than 90 days following, the conclusion of the criminal prosecution.
(c) A lienholder who has received notice of a forfeiture proceeding may intervene as a party. If the court finds that the lienholder has a valid, good faith interest in the subject property that is not held through a straw purchase, trust, or otherwise for the actual benefit of another and that the lienholder did not at any time have knowledge or reason to believe that the property was being or would be used in violation of the law, the court upon forfeiture shall order compensation to the lienholder to the extent of the lienholder’s interest.
(d) The court shall not order the forfeiture of property if an owner, co-owner, or person who regularly uses the property, other than the defendant, shows by a preponderance of the evidence that the owner, co-owner, or regular user did not consent to or have any express or implied knowledge that the property was being or was intended to be used in a manner that would subject the property to forfeiture, or that the owner, co-owner, or regular user had no reasonable opportunity or capacity to prevent the defendant from using the property.
(e) The proceeding shall be against the property and shall be deemed civil in nature. The State shall have the burden of proving all material facts by clear and convincing evidence.
(f) The court shall make findings of fact and conclusions of law and shall issue a final order. If the petition is granted, the court shall order the property held for evidentiary purposes, delivered to the State Treasurer, or, in the case of regulated drugs or property that is harmful to the public, destroyed. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 2015, No. 53, § 6.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4245. Remission or mitigation of forfeiture

§ 4245. Remission or mitigation of forfeiture
(a) On petition filed within 90 days after completion of a forfeiture proceeding, a court that issued a forfeiture order pursuant to section 4244 of this title may order that the forfeiture be remitted or mitigated. The petition shall be sworn and shall include all information necessary for its resolution or shall describe where such information can be obtained. Upon receiving a petition, the court shall investigate and may conduct a hearing if in its judgment it would be helpful to the resolution of the petition. The court shall either grant or deny the petition within 90 days.
(b) The court may remit or mitigate a forfeiture upon finding that relief should be granted to avoid extreme hardship or upon finding that the petitioner has a valid, good faith interest in the property that is not held through a straw purchase, trust, or otherwise for the benefit of another and that the petitioner did not at any time have knowledge or reason to believe that the property was being or would be used in violation of the law. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 2018, No. 8 (Sp. Sess.), § 7, eff. June 28, 2018.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4246. Maintenance

§ 4246. Maintenance
Law enforcement agencies seizing property under this subchapter shall ensure that the property is properly maintained. Equipment and conveyances seized shall be removed to an appropriate place for storage. Any monies, negotiable instruments, or securities seized shall if practicable be deposited in an interest-bearing account pending final disposition by the court unless the seizing agency determines the properties to be of an evidentiary nature and provides for their security in another manner. Any such deposit in an interest-bearing account shall only be accomplished pursuant to a court order directing the same, and the court shall have jurisdiction to enter such order or any other order directing interim disposition of the properties pending final disposition by the court. (Added 1985, No. 174 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4247. Disposition of property

§ 4247. Disposition of property
(a) Whenever property is forfeited and delivered to the State Treasurer under this subchapter, the State Treasurer shall, not sooner than 90 days after the date the property is delivered, sell the property at a public sale held under 27 V.S.A. chapter 18, subchapter 7.
(b) The proceeds from the sale of forfeited property shall be used first to offset any costs of selling the property and then, after any liens on the property have been paid in full, applied to payment of seizure, storage, and forfeiture expenses, including animal care expenses related to the underlying violation. Remaining proceeds shall be distributed as follows:
(1)(A) 45 percent shall be distributed among:
(i) the Office of the Attorney General;
(ii) the Department of State’s Attorneys and Sheriffs; and
(iii) State and local law enforcement agencies.
[Subsection (b)(1)(B) repealed effective July 1, 2024.]
(B) The Agency of Administration is authorized to determine the allocations among the groups listed in subdivision (A) of this subdivision (1) and may only reimburse the prosecutor and law enforcement agencies that participated in the enforcement effort resulting in the forfeiture for expenses incurred, including actual expenses for involved personnel. The proceeds shall be held by the Treasurer until the Agency notifies the Treasurer of the allocation determinations, at which time the Treasurer shall forward the allocated amounts to the appropriate agency’s operating funds.
(2) The remaining 55 percent shall be deposited in the General Fund. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 2015, No. 53, § 7; 2021, No. 141 (Adj. Sess.), § 2, eff. July 1, 2022; 2021, No. 141 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4248. Records

§ 4248. Records
(a) Law enforcement departments and agencies, and other State departments and agencies that have custody of any property subject to forfeiture under this subchapter, or that dispose of such property, shall keep and maintain full and complete records including the following:
(1) from whom the property was received;
(2) description of the property, including the exact kinds, quantities, and forms of the property;
(3) value of the property;
(4) if the property is deposited in an interest-bearing account, the location of the account and the amount of interest;
(5) under what authority the property was held or received or disposed;
(6) to whom the property was delivered;
(7) the date and manner of destruction or disposition of the property.
(b) Those records shall be submitted to the State Treasurer and shall be open to inspection by all federal and State departments and agencies charged with enforcement of federal and State drug control laws. Persons making final disposition or destruction of the property under court order shall report, under oath, to the court the exact circumstances of that disposition or destruction and a copy of that report shall be sent to the State Treasurer. (Added 1985, No. 174 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4249. Transportation of alcohol, tobacco, or regulated drugs into places of detention

§ 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.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4250. Selling or dispensing a regulated drug with death resulting

§ 4250. Selling or dispensing a regulated drug with death resulting
(a) If the death of a person results from the selling or dispensing of a regulated drug to the person in violation of this chapter, the person convicted of the violation shall be imprisoned not less than two years nor more than 20 years.
(b) This section shall apply only if the person’s use of the regulated drug is the proximate cause of his or her death. (Added 2003, No. 54, § 10.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4252. Knowingly permitting sale of regulated drugs in a dwelling

§ 4252. Knowingly permitting sale of regulated drugs in a dwelling
(a) No person shall knowingly permit a dwelling, building, or structure owned by or under the control of the person to be used for the purpose of illegally selling a regulated drug.
(b) [Repealed.]
(c) A person who violates this section shall be imprisoned not more than two years or fined not more than $15,000.00, or both.
(d) It shall not be a violation of this section if the person who owns or controls the dwelling, building, or structure takes action to address the unlawful activity. (Added 2007, No. 187 (Adj. Sess.), § 3; amended 2023, No. 23, § 3, eff. May 30, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84 - Possession and Control of Regulated Drugs › § 4253. Use of a firearm while selling or dispensing a drug

§ 4253. Use of a firearm while selling or dispensing a drug
(a) A person who uses a firearm during and in relation to selling or dispensing a regulated drug in violation of subdivision 4230(b)(3), 4231(b)(3), 4232(b)(3), 4233(b)(3), 4234(b)(3), 4234a(b)(3), 4235(c)(3), or 4235a(b)(3) of this title shall be imprisoned not more than three years or fined not more than $5,000.00, or both, in addition to the penalty for the underlying crime.
(b) A person who uses a firearm during and in relation to trafficking a regulated drug in violation of subsection 4230(c), 4231(c), 4233(c), or 4234a(c) of this title shall be imprisoned not more than five years or fined not more than $10,000.00, or both, in addition to the penalty for the underlying crime.
(c) For purposes of this section, “use of a firearm” shall include the exchange of firearms for drugs, and this section shall apply to the person who trades a firearm for a drug and the person who trades a drug for a firearm. (Added 2011, No. 121 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84A - Vermont Prescription Monitoring System › § 4281. Legislative intent

§ 4281. Legislative intent
The General Assembly recognizes the important public health benefits of the legal medical use of controlled substances and also the significant risk to public health that can arise due to the abuse of those substances. It is the intent of this chapter to create the Vermont Prescription Monitoring System, which will provide an electronic database and reporting system for electronic monitoring of prescriptions for Schedules II, III, and IV controlled substances, as defined in 21 C.F.R. Part 1308, as amended and as may be amended, to promote the public health through enhanced opportunities for treatment for and prevention of abuse of controlled substances, without interfering with the legal medical use of those substances. (Added 2005, No. 205 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84A - Vermont Prescription Monitoring System › § 4282. Definitions

§ 4282. Definitions
As used in this chapter:
(1) “Dispenser” means any person who “dispenses” or engages in “dispensing” as those terms are defined in 26 V.S.A. § 2022(5).
(2) “Health care provider” means an individual licensed, certified, or authorized by law to provide professional health care service in this State to an individual during that individual’s medical or dental care, treatment, or confinement.
(3) “VPMS” means the Vermont Prescription Monitoring System established under this chapter.
(4) “Delegate” means an individual employed by a health care provider or pharmacy or in the Office of the Chief Medical Examiner and authorized by a health care provider or dispenser or by the Chief Medical Examiner to request information from the VPMS relating to a bona fide current patient of the health care provider or dispenser or to a bona fide investigation or inquiry into an individual’s death.
(5) “Department” means the Department of Health.
(6) “Drug diversion investigator” means an employee of the Department of Public Safety whose primary duties include investigations involving violations of laws regarding prescription drugs or the diversion of prescribed controlled substances and who has completed a training program established by the Department of Health by rule that is designed to ensure that officers have the training necessary to use responsibly and properly any information that they receive from the VPMS.
(7) “Evidence-based” means based on criteria and guidelines that reflect high-quality, cost-effective care. The methodology used to determine such guidelines shall meet recognized standards for systematic evaluation of all available research and shall be free from conflicts of interest. Consideration of the best available scientific evidence does not preclude consideration of experimental or investigational treatment or services under a clinical investigation approved by an institutional review board. (Added 2005, No. 205 (Adj. Sess.), § 1; amended 2013, No. 75, § 6; 2017, No. 113 (Adj. Sess.), § 85.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84A - Vermont Prescription Monitoring System › § 4283. Creation; implementation

§ 4283. Creation; implementation
(a) The Department shall maintain an electronic database and reporting system for monitoring Schedules II, III, and IV controlled substances, as defined in 21 C.F.R. Part 1308, as amended and as may be amended, that are dispensed within the State of Vermont by a health care provider or dispenser or dispensed to an address within the State by a pharmacy licensed by the Vermont Board of Pharmacy.
(b) As required by the Department, every dispenser who is licensed by the Vermont Board of Pharmacy shall report to the Department in a timely manner data for each controlled substance in Schedules II, III, and IV, as amended and as may be amended, dispensed to a patient within Vermont. Reporting shall not be required for:
(1) a drug administered directly to a patient; or
(2) a drug dispensed by a health care provider at a facility licensed by the Department, provided that the quantity dispensed is limited to an amount adequate to treat the patient for a maximum of 48 hours.
(c) Data for each controlled substance that is dispensed shall include the following:
(1) patient identifier, which may include the patient’s name and date of birth;
(2) drug dispensed;
(3) date of dispensing;
(4) quantity and dosage dispensed;
(5) the number of days’ supply;
(6) health care provider; and
(7) dispenser.
(d) The data shall be provided in the electronic format defined by the Department. To the extent possible, the format shall not require data entry in excess of that required in the regular course of business. Electronic transmission is not required if a waiver has been granted by the Department to an individual dispenser. The Department shall strive to create VPMS in a manner that will enable real-time transmittal to VPMS and real-time retrieval of information stored in VPMS.
(e) It is not the intention of the Department that a health care provider or a dispenser shall have to pay a fee or tax or purchase hardware or proprietary software required by the Department specifically for the use, establishment, maintenance, or transmission of the data. The Department shall seek grant funds and take any other action within its financial capability to minimize any cost impact to health care providers and dispensers.
(f) The Department shall purge from VPMS all data that are more than six years old.
(g) The Commissioner shall develop and provide advisory notices, which shall make clear that all prescriptions for controlled drugs in Schedules II, III, and IV are entered into a statewide database in order to protect the public. The notices shall be distributed at no cost to dispensers and health care providers who are subject to this chapter.
(h) A dispenser shall be subject to discipline by the Board of Pharmacy or by the applicable licensing entity if the dispenser intentionally fails to comply with the requirements of subsection (b), (c), or (d) of this section. (Added 2005, No. 205 (Adj. Sess.), § 1; amended 2013, No. 75, § 7.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84A - Vermont Prescription Monitoring System › § 4285. Immunity

§ 4285. Immunity
A dispenser or health care provider shall be immune from civil, criminal, or administrative liability as a result of any action made in good faith pursuant to and in accordance with this chapter, but nothing in this section shall be construed to establish immunity for the failure to follow standards of professional conduct or the failure to exercise due care in the provision of services. (Added 2005, No. 205 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84A - Vermont Prescription Monitoring System › § 4287. Rulemaking

§ 4287. Rulemaking
The Department shall adopt rules for the implementation of VPMS as defined in this chapter consistent with 45 C.F.R. Part 164, as amended and as may be amended, that limit the disclosure to the minimum information necessary for purposes of this chapter. (Added 2005, No. 205 (Adj. Sess.), § 1; amended 2013, No. 75, § 9.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84A - Vermont Prescription Monitoring System › § 4288. Reciprocal agreements

§ 4288. Reciprocal agreements
The Department of Health may enter into reciprocal agreements with other states that have prescription monitoring programs so long as access under such agreement is consistent with the privacy, security, and disclosure protections in this chapter. (Added 2013, No. 75, § 10, eff. Oct. 1, 2013.)
2023 Vermont Statutes › Title 18 - Health › Chapter 84A - Vermont Prescription Monitoring System › § 4290. Replacement prescriptions and medications

§ 4290. Replacement prescriptions and medications
(a) As used in this section, “replacement prescription” means an unscheduled prescription request in the event that the document on which a patient’s prescription was written or the patient’s prescribed medication is reported to the prescriber as having been lost or stolen.
(b) When a patient or a patient’s parent or guardian requests a replacement prescription for a Schedule II, III, or IV controlled substance, the patient’s health care provider shall query the VPMS prior to writing the replacement prescription to determine whether the patient may be receiving more than a therapeutic dosage of the controlled substance.
(c) When a health care provider writes a replacement prescription pursuant to this section, the provider shall clearly indicate as much by writing the word “REPLACEMENT” on the face of the prescription. The health care provider shall document the writing of the replacement prescription in the patient’s medical record. (Added 2013, No. 75, § 12, eff. Oct. 1, 2013.)
2023 Vermont Statutes › Title 18 - Health › Chapter 85 - Food and Lodging Establishments › § 4302. General requirements

§ 4302. General requirements
(a) A person shall not manufacture, prepare, pack, can, bottle, keep, store, handle, serve, or distribute in any manner food for the purpose of sale in an unclean, unsanitary, or unhealthful establishment or under unclean, unsanitary, or unhealthful conditions.
(b) A person shall not engage in the business of conducting a lodging establishment, short-term rental, or children’s camp under unclean, unsanitary, or unhealthful conditions. (Amended 2017, No. 76, § 5; 2018, No. 10 (Sp. Sess.), § 1.)
2023 Vermont Statutes › Title 18 - Health › Chapter 85 - Food and Lodging Establishments › § 4303. Rulemaking

§ 4303. Rulemaking
(a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to establish minimum standards for the safe and sanitary operation of food or lodging establishments or children’s camps or any combination thereof and for their administration and enforcement. The rules shall require that an establishment be constructed, maintained, and operated with strict regard for the health of the employees and the public pursuant to the following general requirements:
(1) The entire establishment and its immediate appertaining premises, including the fixtures and furnishings, the machinery, apparatus, implements, utensils, receptacles, vehicles, and other devices used in the production, keeping, storing, handling, serving, or distributing of the food, or the materials used in the food, shall be constructed, maintained, and operated in a clean, sanitary, and healthful manner.
(2) The food and the materials used in the food shall be protected from any foreign or injurious contamination that may render them unfit for human consumption.
(3) The clothing, habits, and conduct of the employees shall be conducive to and promote cleanliness, sanitation, and healthfulness.
(4) There shall be proper, suitable, and adequate toilets and lavatories constructed, maintained, and operated in a clean, sanitary, and healthful manner.
(5) There shall be proper, suitable, and adequate water supply, heating, lighting, ventilation, drainage, sewage disposal, and plumbing.
(6) There shall be proper operation and maintenance of pools, recreation water facilities, spas, and related facilities within lodging establishments.
(7) The Commissioner may adopt any other minimum conditions deemed necessary for the operation and maintenance of a food or lodging establishment in a safe and sanitary manner.
(b)(1) The rules adopted by the Commissioner shall provide that a service member or veteran who is designated by the U.S. Armed Forces as a 92G Culinary Specialist or equivalent and is certified as a culinarian by the American Culinary Federation shall be deemed to:
(A) have knowledge of the prevention of food-borne disease;
(B) be able to apply the Hazard Analysis Critical Control Point principles; and
(C) have met the criteria for “demonstration of knowledge” requirements set forth by the Department of Health in rule for the purposes of obtaining a food establishment license.
(2) As used in this subsection:
(A) “Service member” means an individual who is an active member of:
(i) the U.S. Armed Forces;
(ii) a reserve component of the U.S. Armed Forces;
(iii) the U.S. Coast Guard; or
(iv) the National Guard of any state.
(B) “Veteran” means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for a food establishment license under this chapter. (Amended 2017, No. 76, § 5; 2017, No. 119 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 18 - Health › Chapter 85 - Food and Lodging Establishments › § 4304. Employees

§ 4304. Employees
(a) An employer shall not allow a person affected with any contagious, infectious, or other disease or physical ailment that may render employment detrimental to the public health to work in an establishment, and a person so affected shall not work in an establishment subject to the provisions of this chapter.
(b) The Commissioner may require a person employed in an establishment subject to the provisions of this chapter to undergo medical testing or an examination necessary for the purpose of determining whether the person is affected by a contagious, infectious, or other disease or physical ailment that may render his or her employment detrimental to public health. The Commissioner may prohibit a person from working in an establishment pursuant to an emergency health order described in section 127 of this title if the person refuses to submit to medical testing or an examination. (Amended 2017, No. 76, § 5.)
2023 Vermont Statutes › Title 18 - Health › Chapter 85 - Food and Lodging Establishments › § 4306. Inspection

§ 4306. Inspection
(a) It shall be the duty of the Commissioner to enforce the provisions of this chapter and of 6 V.S.A. § 3312(d), and he or she shall be permitted to inspect through his or her duly authorized officers, inspectors, agents, or assistants, at all reasonable times, an establishment, an establishment’s records, and a salvage food facility subject to the provisions of this chapter.
(b) Whenever an inspection demonstrates that the establishment or salvage food facility is not operated in accordance with the provision of this chapter, the officer, inspector, agent, or assistant shall notify the licensee of the conditions found and direct necessary changes. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2007, No. 38, § 8a, eff. May 21, 2007; 2017, No. 76, § 5.)