Miscellaneous

V.S.A. tit. 18, ch. 84, subch. 3

in effect

18 V.S.A. § 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.

18 V.S.A. § 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 the person’s death. The fact that a dispensed or sold substance contains more than one regulated drug shall not be a defense under this section if the proximate cause of death is the use of the dispensed or sold substance containing more than one regulated drug. (c)(1) Except as provided in subdivision (2) of this subsection, the two-year minimum term of imprisonment required by this section shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the two-year term of imprisonment. (2) Notwithstanding subdivision (1) of this subsection, the court may impose a sentence that does not include a term of imprisonment or that includes a term of imprisonment of less than two years if the court makes findings on the record that the sentence will serve the interests of justice. Added 2003, No. 54, § 10; amended 2023, No. 125 (Adj. Sess.), § 17, eff. July 1, 2024.

18 V.S.A. § 4251 Repealed. 2003, No. 54, § 11(f).

18 V.S.A. § 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.

18 V.S.A. § 4252a Unlawful drug activity in a dwelling; flash citation

4252a. Unlawful drug activity in a dwelling; flash citation (a) Except for good cause shown, a person cited or arrested for dispensing or selling a regulated drug in violation of this chapter shall be arraigned on the next business day after the citation or arrest if the alleged illegal activity occurred at a dwelling where the person is not a legal tenant. (b) Unless the person is held without bail for another offense, the State’s Attorney may request conditions of release. The court may include as a condition of release that the person is prohibited from coming within a fixed distance of the dwelling. Added 2023, No. 125 (Adj. Sess.), § 18, eff. July 1, 2024.

18 V.S.A. § 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” includes: (1) using a firearm while selling or trafficking a regulated drug; and (2) 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. (d) Conduct constituting the offense of using a firearm while selling or trafficking a regulated drug shall be considered a violent act for the purposes of determining bail. Added 2011, No. 121 (Adj. Sess.), § 5; amended 2023, No. 138 (Adj. Sess.), § 9, eff. May 30, 2024.

18 V.S.A. § 4254 Reporting a drug overdose; immunity from liability

4254. Reporting a drug overdose; immunity from liability (a) As used in this section: (1) “Drug overdose” means an acute condition resulting from or believed to be resulting from the use of a regulated drug that a layperson would reasonably believe requires medical assistance. For purposes of this section, “regulated drug” shall include alcohol. (2) “Medical assistance” means professional services provided to a person experiencing a drug overdose by a health care professional licensed, registered, or certified under State law who, acting within his or her lawful scope of practice, may provide diagnosis, treatment, or emergency services for a person experiencing a drug overdose. (3) “Seeks medical assistance” shall include providing care to someone who is experiencing a drug overdose while awaiting the arrival of medical assistance to aid the overdose victim. (b) A person who, in good faith and in a timely manner, seeks medical assistance for someone who is experiencing a drug overdose shall not be cited, arrested, or prosecuted for a violation of this chapter or cited, arrested, or prosecuted for procuring, possessing, or consuming alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 656 or for providing to or enabling consumption of alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 658(a)-(c). (c) A person who is experiencing a drug overdose and, in good faith, seeks medical assistance for himself or herself or is the subject of a good faith request for medical assistance shall not be cited, arrested, or prosecuted for a violation of this chapter or cited, arrested, or prosecuted for procuring, possessing, or consuming alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 656 or for providing to or enabling consumption of alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 658(a)-(c). (d) A person who seeks medical assistance for a drug overdose or is the subject of a good faith request for medical assistance pursuant to subsection (b) or (c) of this section shall not be subject to any of the penalties for violation of 13 V.S.A. § 1030 (violation of a protection order), for a violation of this chapter or 7 V.S.A. § 656, for being at the scene of the drug overdose or for being within close proximity to any person at the scene of the drug overdose. (e) A person who seeks medical assistance for a drug overdose or is the subject of a good faith request for medical assistance pursuant to subsection (b) or (c) of this section shall not be subject to any sanction for a violation of a condition of pretrial release, probation, furlough, or parole for a violation of this chapter or 7 V.S.A. § 656 for being at the scene of the drug overdose or for being within close proximity to any person at the scene of the drug overdose. (f) The act of seeking medical assistance for or by someone who is experiencing a drug overdose shall be considered a mitigating circumstance at sentencing for a violation of any other offense. (g) The immunity provisions of this section apply only to the use and derivative use of evidence gained as a proximate result of the person’s seeking medical assistance for a drug overdose, being the subject of a good faith request for medical assistance, being at the scene, or being within close proximity to any person at the scene of the drug overdose for which medical assistance was sought and do not preclude prosecution of the person on the basis of evidence obtained from an independent source. (h) A person who seeks medical assistance for a drug overdose pursuant to subsection (b) or (c) of this section shall not be subject to the provisions of subchapter 2 of this chapter concerning property subject to forfeiture, except that prima facie contraband shall be subject to forfeiture. (i) Except in cases of reckless or intentional misconduct, law enforcement shall be immune from liability for citing or arresting a person who is later determined to qualify for immunity under this section. (j) To encourage persons to seek medical assistance for someone who is experiencing an overdose, the Department of Health, in partnership with entities that provide education, outreach, and services regarding substance use disorder, shall engage in continuous efforts to publicize the immunity protections provided in this section. Added 2013, No. 71, § 2, eff. June 5, 2013; amended 2013, No. 195 (Adj. Sess.), § 17; 2017, No. 83, § 148; 2023, No. 178 (Adj. Sess.), § 7, eff. June 17, 2024; 2023, No. 125 (Adj. Sess.), § 19, eff. July 1, 2024.

18 V.S.A. § 4255 Repealed. 2023, No. 53, § 133, eff. June 8, 2023.

18 V.S.A. § 4256 Overdose prevention centers

4256. Overdose prevention centers (a) An overdose prevention center: (1) provides a space, either at a fixed location or a mobile facility, supervised by health care professionals or other trained staff where persons who use drugs can consume preobtained drugs and medication for substance use disorder; (2) provides harm reduction supplies, including sterile injection supplies; collects used hypodermic needles and syringes; and provides secure hypodermic needle and syringe disposal services; (3) provides drug-checking services; (4) answers questions on safer consumption practices; (5) administers first aid, if needed, and monitors and treats potential overdoses; (6) provides referrals to addiction treatment, medical services, and social services; (7) educates participants on the risks of contracting HIV and viral hepatitis, wound care, and safe sex education; (8) provides overdose prevention education and distributes overdose reversal medications, including naloxone; (9) educates participants regarding proper disposal of hypodermic needles and syringes; (10) provides reasonable security of the program site; (11) establishes operating procedures for the program as well as eligibility criteria for program participants; and (12) trains staff members to deliver services offered by the program. (b) The Department of Health, in consultation with stakeholders and health departments of other jurisdictions that have overdose prevention centers, shall develop operating guidelines for overdose prevention centers not later than September 15, 2024. The operating guidelines shall include the level of staff qualifications required for medical safety and treatment and referral support and require an overdose prevention center to staff trained professionals during operating hours who, at a minimum, can provide basic medical care, such as CPR, overdose interventions, first aid, and wound care, as well as have the ability to perform medical assessments with program participants to determine if there is a need for emergency medical service response. Overdose prevention center staff may include peers, case managers, medical professionals, and mental health counselors. (c)(1) The following persons are entitled to the immunity protections set forth in subdivision (2) of this subsection for participation in or with an approved overdose prevention center that is acting in the good faith provision of overdose prevention services in accordance with the guidelines established pursuant to this section: (A) an individual using the services of an overdose prevention center; (B) a staff member, operator, administrator, or director of an overdose prevention center, including a health care professional, manager, employee, or volunteer; or (C) a property owner, lessor, or sublessor on the property at which an overdose prevention center is located and operates; (D) an entity operating the overdose prevention center; and (E) a State or municipal employee acting within the course and scope of the employee’s employment. (2) Persons identified in subdivision (1) of this subsection shall not be: (A) cited, arrested, charged, or prosecuted for unlawful possession of a regulated drug in violation of this chapter or for attempting, aiding or abetting, or conspiracy to commit a violation of any of provision of this chapter; (B) subject to property seizure or forfeiture for unlawful possession of a regulated drug in violation of this chapter; (C) subject to any civil liability or civil or administrative penalty, including disciplinary action by a professional licensing board, credentialing restriction, contractual liability, or medical staff or other employment action; or (D) denied any right or privilege. (3) The immunity provisions of subdivisions (2)(A) and (B) of this subsection apply only to the use and derivative use of evidence gained as a proximate result of participation in or with an overdose prevention center. Entering, exiting, or utilizing the services of an overdose prevention center shall not serve as the basis for, or a fact contributing to the existence of, reasonable suspicion or probable cause to conduct a search or seizure. (4) The immunity provisions in subdivision (2)(C) of this subsection shall not apply to: (A) an individual using the services of an overdose prevention center if the basis for the civil claim is that the person operated a motor vehicle in violation of 23 V.S.A. § 1201; or (B) claims unrelated to the provision of overdose prevention services. (d) An entity operating an overdose prevention center shall make publicly available the following information annually on or before January 15: (1) the number of program participants; (2) deidentified demographic information of program participants; (3) the number of overdoses and the number of overdoses reversed on- site; (4) the number of times emergency medical services were contacted and responded for assistance; (5) the number of times law enforcement were contacted and responded for assistance; and (6) the number of participants directly and formally referred to other services and the type of services. (e) An overdose prevention center shall not be construed as a health care facility for purposes of chapter 221, subchapter 5 of this title. Added 2023, No. 178 (Adj. Sess.), § 1, eff. June 17, 2024.

18 V.S.A. § 4257 Prevention and treatment of opioid-related overdoses

4257. Prevention and treatment of opioid-related overdoses (a) As used in this section: (1) “Health care professional” means a physician licensed pursuant to 26 V.S.A. chapter 23 or 33, a physician assistant licensed to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 31, an advanced practice registered nurse authorized to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 28, or a pharmacist licensed pursuant to 26 V.S.A. chapter 36. (2) “Opioid antagonist” means a drug that, when administered, negates or neutralizes in whole or part the pharmacological effects of an opioid in the body. (3) “Victim” means the person who has overdosed on an opioid or who is believed to have overdosed on an opioid. (b) For the purpose of addressing prescription and nonprescription opioid overdoses in Vermont, the Department shall develop and implement a prevention, intervention, and response strategy, depending on available resources, that shall: (1) provide educational materials on opioid overdose prevention to the public free of charge; (2) increase community-based prevention programs aimed at reducing risk factors that lead to opioid overdoses; (3) increase timely access to treatment services for opioid users, including medication for opioid use disorder; (4)(A) educate substance use treatment providers on methods to prevent opioid overdoses; and (B) provide education, information, and training on overdose prevention, intervention, and response, including the status of legal possession of substances and harm reduction supplies, to individuals living with opioid use disorder and participating in needle and syringe exchange programs, recovery programs, residential substance use disorder treatment programs, or correctional services; (5) implement and expand hospital referral services for individuals treated for an opioid overdose; (6) develop a statewide opioid antagonist program that emphasizes access to opioid antagonists to and for the benefit of individuals with opioid use disorder; (7) distribute opioid antagonists to assist those at risk of experiencing an opioid-related overdose; and (8) establish opioid antagonist dispensing kiosks in locations accessible to those at risk of experiencing an opioid-related overdose. (c)(1) A health care professional acting in good faith and within the professional’s scope of practice may directly or by standing order prescribe, dispense, and distribute an opioid antagonist to the following persons: (A) a person at risk of experiencing an opioid-related overdose; or (B) a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose. (2) A health care professional who prescribes, dispenses, or distributes an opioid antagonist in accordance with subdivision (1) of this subsection shall be immune from civil or criminal liability with regard to the subsequent use of the opioid antagonist, unless the health professional’s actions with regard to prescribing, dispensing, or distributing the opioid antagonist constituted recklessness, gross negligence, or intentional misconduct. The immunity granted in this subdivision shall apply whether or not the opioid antagonist is administered by or to a person other than the person for whom it was prescribed. (d)(1) A person may administer an opioid antagonist to a victim if the person believes, in good faith, that the victim is experiencing an opioid-related overdose. (2) A person shall be immune from civil or criminal liability for administering an opioid antagonist to a victim pursuant to subdivision (1) of this subsection unless the person’s actions constituted recklessness, gross negligence, or intentional misconduct. The immunity granted in this subdivision shall apply whether or not the opioid antagonist is administered by or to a person other than the person for whom it was prescribed. (e) A person acting on behalf of a community-based overdose prevention program or a licensed pharmacist shall be immune from civil or criminal liability for providing education on opioid-related overdose prevention or for purchasing, acquiring, distributing, or possessing an opioid antagonist unless the person’s actions constituted recklessness, gross negligence, or intentional misconduct. (f) Any health care professional who treats a victim and who has knowledge that the victim has been administered an opioid antagonist within the preceding 30 days shall refer the victim to professional substance use disorder treatment services. Added 2013, No. 75, § 17; amended 2015, No. 38, § 25, eff. May 28, 2015; 2023, No. 22, § 4, eff. May 25, 2023; renumbered from 18 V.S.A. § 4240 by 2023, No. 178 (Adj. Sess.), § 8, eff. June 17, 2024.

18 V.S.A. § 4258 Overdose prevention; drug-checking for contaminant detection

4258. Overdose prevention; drug-checking for contaminant detection (a) Notwithstanding any other provision of law, it shall not be a violation of this chapter for an approved drug-checking service provider to receive, possess, transport, or store samples of a substance that may contain a regulated drug solely for purposes of analyzing the substance to determine its chemical composition and disseminate information regarding the analysis to the provider of the substance. (b) On-site approved drug-checking service providers shall be permitted to: (1) collect voluntarily provided residual samples of substances potentially containing regulated drugs, possess, transport, or store samples of a regulated drug solely for purposes of analyzing the substances to determine its chemical composition as a lifesaving intervention; (2) use any available technologies to analyze the contents of samples to obtain timely, highly accurate information regarding the composition of drugs to prevent overdose and mitigate health risks; (3) provide results of analysis obtained from drug-checking technology to the person requesting drug services; (4) disseminate data containing only the results of analysis and containing no personally identifiable information to community members at risk of overdose; and (5) if necessary, arrange for a sample of a drug or substance to be tested by an approved laboratory. (c) In operating any drug-checking service, personally identifiable information may be collected from a person providing a controlled substance to an approved drug-checking service provider only as necessary to communicate drug-checking results to the person. Personally identifiable information collected solely for the purposes of communicating drug-checking results shall not be retained or shared by an approved drug-checking service provider. (d) An employee, contractor, volunteer, or other person acting in the good faith provision of drug-checking services and acting in accordance with established protocols shall not: (1) be subject to arrest, charge, or prosecution for a violation pursuant to this chapter, including for attempting to, aiding and abetting in, or conspiracy to commit a violation of this chapter; (2) have their property subject to forfeiture, any civil or administrative penalty, or liability of any kind, including disciplinary action by a professional licensing board, credentialing restrictions, contractual or civil liability, or medical staff or other employment action; or (3) be denied any right or privilege for actions, conduct, or omissions relating to the operation of a drug-checking service in compliance with this chapter and any rules adopted pursuant to this chapter. (e) An individual possessing a regulated substance and who provides any portion of the substance to an approved drug-checking service provider pursuant to this section for purposes of obtaining drug-checking services shall not be subject to arrest, charge, or prosecution for possession of a regulated substance pursuant to this chapter or civil or administrative penalty or disciplinary action by a professional licensing board for a violation of this chapter based on the individual’s use or attempted use of drug-checking services in accordance with this section. The immunity provisions of this subsection shall apply only to the use and derivative use of evidence gained as a proximate result of an individual seeking drug-checking services and shall not preclude prosecution of the individual on the basis of evidence obtained from an independent source. (f) Local governments shall not collect, maintain, use, or disclose any personal information relating to an individual from whom local government receives any drug or substance for checking or disposal. (g) The result of a test carried out by an approved drug-checking service provider shall not be admissible as evidence in any criminal or civil proceeding. (h)(1) The Department shall provide technical assistance to and develop operating guidelines for drug-checking service providers. (2) The Department shall coordinate the collection and dissemination of deidentified data related to drug-checking services to inform prevention and public health initiatives. Added 2023, No. 22, § 12, eff. May 25, 2023; renumbered from 18 V.S.A. § 4240a by 2023, No. 178 (Adj. Sess.), § 8, eff. June 17, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/18/084Fetched: 10/21/2026