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Vermont Penalties

Vermont Penalties

Alcohol and Drugs

It is a crime for a person under twenty-one years old (minor) to procure, possess, or transport alcohol. Penalties for procuring, possessing, or transporting alcohol include a fine up to $500 and/or imprisonment up to six months. It is a crime to sell or furnish alcohol to a minor. Penalties for selling or furnishing alcohol to a minor include a fine up to $1,000 and/or imprisonment up to two years. It is a crime to misrepresent one's age, possess a false identification card, use someone else's identification card, forge or alter an identification card, or loan an identification card to another for the purpose of obtaining alcohol.

Incapacitation or "Detox"

Being taken to "detox," as it is often referred, results from consuming dangerous levels of alcohol. When a law enforcement officer encounters a person who s/he deems to be "incapacitated," the officer is required by law to take the person into "protective custody." "Incapacitation" means that the person appears to be in need of medical care or supervision to assure his/her safety due to his/her level of intoxication. This is a civil action to protect the incapacitated person and others, and while it is extremely unpleasant and involves handcuffs and other appropriate restraints, it is not necessarily in and of itself an arrest.

After the person is taken into protective custody, the officer is required to get the person the appropriate treatment, either at the emergency room or ACT 1, a 24-hour supervised shelter for individuals who are intoxicated and/or incapacitated by drugs or alcohol and who have come to the attention of law enforcement. If ACT 1 is full, or if the individual acts out, refuses to cooperate, or refuses treatment, then s/he will be taken to the jail's "drunk tank." Depending upon one's actions during the incident, individuals may be cited for civil and/or criminal violations.

Open Container Ordinance

City of Burlington ordinance prohibits the possession of open containers of alcohol and the consumption of alcohol in public places unless specific advance approval is obtained from the City of Burlington. City of Burlington ordinance prohibits the possession of open containers and the consumption of alcohol in motor vehicles at any time.

Marijuana

It is a crime to knowingly possess, cultivate, deliver, or sell marijuana. Penalty for a first violation of possession includes a fine up to $500 and/or imprisonment up to 6 months. Penalties for delivering or selling include a fine up to $10,000 and/or imprisonment up to two years. Subsequent violations, cultivation, delivering, or sales of l/2 ounce or more include much heavier fines e.g. up to $500,000 and much longer imprisonment, e.g. up to 15 years. 18 VSA section 4230.

Cocaine

It is a crime to knowingly possess, deliver, or sell cocaine. Penalties for possession include a fine up to $2,000 and/or imprisonment up to one year. Penalties for delivery include a fine up to $75,000 and/or imprisonment up to three years. Penalties for selling cocaine include fines up to $100,000 and/or imprisonment up to five years. Penalties for possession, delivery, or sales of 2.5 grams or more include much heavier fines and much longer imprisonment. 18 VSA section 4231.

LSD

It is a crime to knowingly possess, deliver, or sell LSD. Penalties for possession include a fine up to $2,000 and/or imprisonment up to one year. Penalties for delivery include a fine up to $25,000 and/or imprisonment up to three years. Penalties for selling LSD include fines up to $25,000 and/or imprisonment up to five years. Penalties for possession, delivery, or sales of 100 milligrams or more include much heavier fines and much longer imprisonment. It is a crime to knowingly possess, deliver, or sell hallucinogenic drugs other than LSD. Penalties are very similar to those for LSD. 18 VSA section 4235.

Heroin

It is a crime to knowingly possess, deliver, or sell heroin. Penalties for possession include a fine up to $2,000 and/or imprisonment up to one year. Penalties for delivery include a fine up to $75,000 and/or imprisonment up to three years. Penalties for selling heroin include fines up to $100,000 and/or imprisonment up to five years. Penalties for possession, delivery, or sales of 200 milligrams or more include much heavier fines and much longer imprisonment. It is a crime to knowingly possess, deliver, or sell depressants, stimulants, and narcotic drugs other than heroin or cocaine. Penalties are very similar to those for heroin or cocaine. 18 VSA section 4234.

Last modified February 17 2009 08:38 PM

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