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Form a Business

Regulated Drugs

V.S.A. tit. 18, ch. 84, subch. 1
in effect

18 V.S.A. § 4201 Definitions

4201. Definitions As used in this chapter: “Professional board” means: (A) in the case of a dentist, the State Board of Dental Examiners so designated under 26 V.S.A. chapter 12; (B) in the case of a physician or surgeon, the State Board of Medical Practice so designated under 26 V.S.A. chapter 23; (C) in the case of an osteopath, the State Board of Osteopathic Examination and Registration so designated under 26 V.S.A. chapter 33; (D) in the case of a nurse, the Vermont State Board of Nursing so designated under 26 V.S.A. chapter 28; (E) in the case of a pharmacist or pharmacy, the State Board of Pharmacy so designated under 26 V.S.A. chapter 36; (F) in the case of a veterinarian, the State Veterinary Board so designated under 26 V.S.A. chapter 44; (G) in the case of a hospital, laboratory, or nursing home, the Commissioner of Health so designated under chapter 3 of this title. (2) [Repealed.] (3) “Board of Pharmacy” means the State Board of Pharmacy so designated under 26 V.S.A. chapter 36. (4) “Certificate” means a certificate of approval issued to a hospital, laboratory, or nursing home under section 4207 of this title. (5) “Dentist” means a person authorized by law to practice dentistry in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice. (6) “Depressant or stimulant drug” means: (A) any drug that contains any quantity of barbituric acid or any of the salts of barbituric acid, or any derivative of barbituric acid, that is designated as habit-forming because of its effect on the central nervous system in the rules adopted by the Department of Health under section 4202 of this title; (B) any drug, other than methamphetamine, that contains any quantity of amphetamine or any of its optical isomers, any salt or amphetamine or any salt of an optical isomer of amphetamine, that the Department of Health so designates by such rule as habit-forming because of its effect on the central nervous system; (C) gamma hydroxybutyric acid, including its salts, isomers, or salts of isomers; (D) gamma butyrolactone, including 4-butyrolactone and gamma hydroxybutyric acid lactone, including its salts, isomers, or salts of isomers, when packaged, marketed, manufactured, or intended for human consumption; (E) ketamine, including its salts, isomers, or salts of isomers; (F) flunitrazepam, including its salts, isomers, or salts of isomers; and (G) any drug, other than methamphetamine, that contains any quantity of a substance that the Department of Health so designates by such rule as having a serious potential for abuse arising out of its effect on the central nervous system. (7) “Dispense” includes distribute, leave with, give away, dispose of, or deliver. (8) “Exempt officials” includes officials of the United States, insular possessions, territories, the District of Columbia, state, and political subdivisions. (9) “Federal drug laws” means the laws of the United States relating to one or more of those drugs which are defined in this chapter as regulated drugs. (10) “Hallucinogenic drugs” means stramonium, mescaline or peyote, lysergic acid diethylamide, and psilocybin, and all synthetic equivalents of chemicals contained in resinous extractives of Cannabis sativa, or any salts or derivatives or compounds of any preparations or mixtures thereof, and any other substance that is designated as habit-forming or as having a serious potential for abuse arising out of its effect on the central nervous system or its hallucinogenic effect in the rules adopted by the Department of Health under section 4202 of this title. (11) “Hospital” means an institution for the care and treatment of the sick and injured licensed as a hospital under chapter 43 of this title and a hospital conducted, maintained, and operated by the United States or the State of Vermont, approved under this chapter as proper to be entrusted with the custody and use of regulated drugs under the direction of a physician or dentist, confirmed by an official written order signed by a person authorized to prescribe such drugs. (12) “Laboratory” means a laboratory approved under this chapter as proper to be entrusted with the custody and use of regulated drugs for scientific and medical purposes and for purposes of instruction. (13) “License” means a license to practice their profession issued to one of those persons listed in subdivisions (1)(A) through (F) of this section by the person’s respective professional board under the applicable laws of this State, or a license issued by the Department of Health under section 4206 of this title to a person not subject to the jurisdiction of any such professional board. (14) “Manufacturer” means a person authorized by law to manufacture, bottle, or pack drugs in this State and who has a license issued to the person under this chapter to compound, mix, cultivate, produce, or prepare regulated drugs, but does not include a pharmacy that compounds such drugs to be sold or dispensed on prescriptions at retail. (15)(A) “Cannabis” means all parts of the plant Cannabis sativa L., except as provided by subdivision (B) of this subdivision (15), whether growing or harvested, and includes: (i) the seeds of the plant; (ii) the resin extracted from any part of the plant; and (iii) any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. (B) “Cannabis” does not include: (i) the mature stalks of the plant and fiber produced from the stalks; (ii) oil or cake made from the seeds of the plant; (iii) any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; (iv) the sterilized seed of the plant that is incapable of germination; or (v) hemp or hemp products, as defined in 7 V.S.A. § 852. (16) “Narcotic,” “narcotics,” or “narcotic drugs” means opium, coca leaves, pethidine (isonipecaine, meperidine), and opiates or their compound, manufacture, salt, alkaloid, or derivative, and every substance neither chemically nor physically distinguishable from them, and preparations containing such drugs or their derivatives, by whatever trade name identified and whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, as the same are so designated in the rules adopted by the Department of Health under section 4202 of this title. (17) “Nurse” means any person authorized by law to practice nursing in this State. (18) “Nursing home” means a facility, other than a hospital, operated for the purpose of providing lodging, board, and nursing care to persons who are sick, have an infirmity or disability, or are convalescing, approved under this chapter as proper to be entrusted with the custody and use of regulated drugs prescribed for such individual patients under its care under the direction of a physician or dentist, confirmed by an official written order signed by a person authorized to prescribe such drugs. No nursing home shall be granted a certificate of approval for the possession and use of such drugs unless such nursing home has a registered nurse or a licensed practical nurse on duty or on call 24 hours daily who will have sole responsibility for those drugs. Nothing in this chapter shall be construed as conferring on any nursing home, convalescent home, or home for the aged any authority, right, or privilege beyond that granted to it by the law under which it is licensed or otherwise authorized to function. (19) “Official written order” means an order written on a form prescribed for that purpose by the U.S. Commissioner of Narcotics and issued by the U.S. Commissioner of Internal Revenue, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the Commissioner of Health. (20) “Person” includes an individual, partnership, corporation, association, trust, or other institution or entity. (21) “Pharmacist” means any person authorized by law to practice pharmacy in this State; but nothing in this chapter shall be construed as conferring on a person any authority, right, or privilege that is not granted to him or her by the pharmacy laws of his or her state. (22) “Pharmacy” means any place registered as such by the Board of Pharmacy in which drugs, prescriptions, or poisons are possessed for the purpose of compounding, dispensing, or retailing, or in which drugs, prescriptions, or poisons are compounded, dispensed, or retailed, or in which such drugs, prescriptions, or poisons are by advertising or otherwise offered for sale at retail and which has a license issued to it under this chapter authorizing the retail dealing of regulated drugs. (23) “Physician” means a person authorized by law to practice medicine in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice. (24) “Practitioner” includes a physician, dentist, veterinarian, surgeon, or any other person who may be lawfully entitled under this chapter to distribute, dispense, prescribe, or administer regulated drugs to patients. (25) “Prescribe” means an order for a patient made or given by a practitioner. (26) “Prescription” means an order for a regulated drug made by a physician, physician assistant, advanced practice registered nurse, dentist, or veterinarian licensed under this chapter to prescribe such a drug which shall be in writing except as otherwise specified in this subdivision. Prescriptions for such drugs shall be made to the order of an individual patient, dated as of the day of issue and signed by the prescriber. The prescription shall bear the full name, address, and date of birth 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. Such prescription shall also bear the full name, address, and registry number of the prescriber and, unless electronically prescribed, shall be written with ink, indelible pencil, or typewriter; if typewritten, it shall be signed by the prescriber. A written or typewritten prescription for a controlled substance, as defined in 21 C.F.R. Part 1308, shall contain the quantity of the drug written both in numeric and word form. If a prescription is communicated orally, it shall be reduced promptly to writing by the pharmacist. Nothing in this subdivision is meant to authorize the oral communication of a prescription when a written prescription is otherwise required. (27) “Registration” means the annual registration of licenses and certificates under this chapter. (28) “Registry number” means the number assigned under rules adopted by the Department of Health to each person authorized under this chapter to use, prescribe, dispense, possess, or administer a regulated drug in connection with his or her professional practice. (29) “Regulated drug” means: (A) a narcotic drug; (B) a depressant or stimulant drug, other than methamphetamine; (C) a hallucinogenic drug; (D) Ecstasy; (E) cannabis; (F) methamphetamine; or (G) xylazine. (30) “Sale” means transfer for a consideration or barter or exchange or an offer or express or implied promise to transfer for a consideration or barter or exchange, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee. (31) “Veterinarian” means a person authorized by law to practice veterinary medicine in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice. (32) “Veterinary hospital” means an institution equipped with the technical facilities and professional and technical personnel necessary for diagnosis and treatment of animals suffering from sickness or injury and which hospital is further approved under this chapter as proper to be entrusted with the custody and use of regulated drugs which may be used only by veterinarians in their professional practice at that hospital. (33) “Wholesaler” means a person authorized by law, when so required, to sell at wholesale drugs in this State and further has a license issued to the person under this chapter to supply others than consumers with drugs or preparations containing a regulated drug that the person has not produced or prepared. (34) “Deliver” means the actual, constructive, or attempted transfer or prescription of a regulated drug, whether or not there exists an agency relationship. (35) “Cocaine” means coca leaves except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this subdivision. (36) “Heroin” includes every substance not chemically or physically distinguishable from it and preparations containing heroin or its derivatives, by whatever name identified and whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, as designated by the Department of Health by rule. (37) “Lysergic acid diethylamide” includes any salts or derivatives or compounds of any preparations or mixtures of lysergic acid diethylamide or any preparation, mixture, or compound containing any lysergic acid diethylamide. (38) “Ecstasy” means 3,4-methylenedioxymethamphetamine, including its salts, isomers, or salts of isomers. (39) “Methamphetamine” includes any quantity of the substance, its salt, isomers, salts of isomers, optical isomers, and salts of its optical isomers. (40) [Repealed.] (41) “Prescription drug” means any human drug required by federal law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to Section 503(b) of the federal Food, Drug and Cosmetic Act. (42) “Ultimate user” means a patient who uses a prescription drug. (43) “Immature cannabis plant” means a female cannabis plant that has not flowered and that does not have buds that may be observed by visual examination. (44) “Mature cannabis plant” means a female cannabis plant that has flowered and that has buds that may be observed by visual examination. (45) “Approved drug-checking service provider” means a provider who complies with operating guidelines developed by the Department of Health pursuant to section 4240a of this title. (46) “Benchmark unlawful dosage” means the maximum recommended therapeutic dose, or maximum daily dose, as determined by the Department by rule. (47) “Drug-checking” means the testing of a substance to determine its chemical composition or assist in determining whether the substance contains contaminants, toxic substances, or hazardous compounds. (48) “Fentanyl” means any quantity of fentanyl, including any compound, mixture, or preparation including salts, isomers, or salts of isomers containing fentanyl. “Fentanyl” also means fentanyl-related substances as defined in rules adopted by the Department of Health pursuant to section 4202 of this title. (49) “Xylazine” means any compound, mixture, or preparation including salts, isomers, or salts of isomers containing N-(2,6- dimethylphenyl)-5,6-dihydro-4H-1,3-thiazin-2-amine. Added 1967, No. 343 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1975, No. 10, § 1, eff. 30 days from March 10, 1975; 1989, No. 100, §§ 10, 11; 2001, No. 52, § 2; 2003, No. 54, § 3; 2011, No. 27, § 1; 2013, No. 75, § 2; 2013, No. 84, § 2, eff. June 10, 2013; 2013, No. 96 (Adj. Sess.), § 97; 2013, No. 138 (Adj. Sess.), § 9; 2017, No. 86 (Adj. Sess.), § 2; 2017, No. 113 (Adj. Sess.), § 75; 2023, No. 53, § 101, eff. June 8, 2023; 2023, No. 22, § 11, eff. May 25, 2023; 2023, No. 161 (Adj. Sess.), § 56, eff. June 6, 2024; 2023, No. 125 (Adj. Sess.), § 13, eff. July 1, 2024; 2025, No. 178 (Adj. Sess.), § 17, eff. June 18, 2026.

18 V.S.A. § 4202 Powers and duties of the Department of Health

4202. Powers and duties of the Department of Health (a) The Department of Health is authorized and empowered to adopt such rules that in its judgment may be necessary or proper to supplement the provisions of this chapter to effectuate the purposes and intent thereof or to clarify its provisions so as to provide the procedure or details to secure effective and proper enforcement of its provisions. (b) These rules and determinations, when adopted, shall, until modified or rescinded, have the force and effect of law. (c) The Commissioner of Health and any representative specifically authorized by the Commissioner shall have the power to administer oaths, compel the attendance of witnesses and the production of books, papers, and records, and to take proof and testimony concerning all matters with which this chapter is concerned. (d) The rules adopted by the Department of Health under section 4201 of this title for the purpose of determining those drugs defined under that section may be adopted only after prior written notice to the Board of Pharmacy and the Board of Medical Practice and after the Board of Pharmacy and the Board of Medical Practice have had an opportunity to advise the Commissioner of Health with respect to the form and substance of those rules or amendments and to recommend revisions thereof. Added 1967, No. 343 (Adj. Sess.), § 2, eff. March 23, 1968; amended 1971, No. 14, § 24, eff. March 11, 1971; 2013, No. 75, § 2a, eff. June 5, 2013; 2017, No. 113 (Adj. Sess.), § 76; 2023, No. 53, § 102, eff. June 8, 2023.

18 V.S.A. § 4203 Persons exempted

4203. Persons exempted The provisions of this chapter, restricting the possession and control of regulated drugs, shall not apply to common carriers or to warehousemen while engaged solely in lawfully transporting or storing such drugs while in their original containers, nor to any employee of the same acting within the scope of his or her employment, nor to public officers or their employees in the performance of their official duties requiring possession or control of regulated drugs, nor to temporary incidental possession by employees or agents of persons lawfully entitled to possession, including a medical or dental assistant, nurse, intern, resident, and a member of a patient’s family dispensing or administering regulated drugs under a licensed physician’s or dentist’s orders, nor by authorized persons whose possession is for the purpose of aiding public officers in performing their official duties. Added 1967, No. 343 (Adj. Sess.), § 3, eff. March 23, 1968.

18 V.S.A. § 4204 Preparations excepted

4204. Preparations excepted (a) The Department of Health may provide, by rule, for the exception from all provisions of this chapter, except as provided in section 4223 of this title, of the administration, dispensation, or sale at retail of a medicinal preparation containing such amounts of one or more regulated drugs that the Department considers not subject to abuse. (b) The exemption authorized by this section shall be subject to the condition that the medicinal preparation administered, dispensed, or sold, shall contain, in addition to the regulated drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the regulated drug alone, and that such preparation shall be administered, dispensed, and sold in good faith as a medicine, and not for the purpose of evading the provisions of this chapter. Added 1967, No. 343 (Adj. Sess.), § 4, eff. March 23, 1968; amended 2017, No. 113 (Adj. Sess.), § 77; 2023, No. 53, § 103, eff. June 8, 2023.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 4210 Authorized sales on written orders, records

4210. Authorized sales on written orders, records (a) Every physician, dentist, veterinarian, or other person who is licensed to administer, sell, dispense, or professionally use regulated drugs shall keep a record of such drugs received by him or her and a record of all such drugs administered, dispensed, or professionally used by him or her otherwise than by prescription, in accordance with subsection (d) of this section. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solutions or other preparations purchased or made up by him or her, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him or her to individual patients. (b) Manufacturers and wholesalers shall keep records of all regulated drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all such drugs received and disposed of by them in accordance with the provisions of subsection (d) of this section. (c) Every person who purchases for resale, or who sells preparations or regulated drugs exempted by regulation adopted under section 4204 of this title, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection (d) of this section. (d) The form and content of the records to be maintained under this section shall be prescribed by rule adopted by the Department of Health, after prior written notice to the Board of Pharmacy and after the Board of Pharmacy has had an opportunity to advise the Department of Health with respect to the form and substance of that rule and to recommend revisions thereof. The record of regulated drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received, the kind and quantity of such drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacturer, and such other facts as the Department of Health may require. The record of all such drugs sold, administered, dispensed, or otherwise disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of drugs and shall be signed by the person giving such order or the person’s duly authorized agent. Every such record shall be kept for a period of three years from the date of the transaction recorded, and shall be subject to inspection by a federal officer or an officer of this State or an agent thereof specifically authorized engaged in the enforcement of the federal drug laws or of this chapter. The keeping of a record required by or under the federal drug laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of such drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft. Added 1967, No. 343 (Adj. Sess.), § 10, eff. March 23, 1968; amended 2023, No. 53, § 108, eff. June 8, 2023.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 4213 Authorized sales of regulated drugs

4213. Authorized sales of regulated drugs (a) A duly licensed manufacturer or wholesaler may sell and dispense regulated drugs to any of the following persons, but only on official written orders: (1) To a manufacturer, wholesaler, or pharmacy. (2) To a physician, dentist, or veterinarian, except that an official written order shall not be required when regulated drugs are provided in person by a representative of a duly licensed manufacturer or wholesaler in quantities as samples for which there is no charge, either direct or indirect, and do not exceed ten times the manufacturer’s recommended maximum individual dose and are clearly marked “Sample” or “Not For Sale” on each individual tablet or capsule. (3) To a person in charge of a hospital having in effect a certificate of approval but only for use by or in that hospital for scientific or medical purposes. (4) To a person in charge of a laboratory having in effect a certificate of approval but only for use in that laboratory for scientific or medical purposes. (b) A duly licensed manufacturer or wholesaler may sell regulated drugs to any of the following persons: (1) On an official written order, accompanied by a certificate of exemption, as and if required by the federal drug laws, and in compliance with rules adopted by the Department of Health to a person in the employ of the government of the United States or of any state, territory, district, county, municipality, or insular government, purchasing, receiving, possessing, or dispensing regulated drugs by reason of the person’s official duties. (2) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed or to a physician or surgeon duly licensed in some state, territory, or the District of Columbia to practice his or her profession, or to a retired commissioned medical officer of the U.S. Army, Navy, or Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board such ship or aircraft, when not in port. However, such regulated drugs shall be sold to the master of such ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned medical officer of the U.S. Army, Navy, or Public Health Service employed upon such ship or aircraft only in pursuance of an order form approved by a commissioned medical officer or acting assistant surgeon of the U.S. Public Health Service. (3) To a person in a foreign country if the provisions of the federal drug laws and the rules adopted by the Department of Health are complied with. (c) An official written order for any regulated drug shall be signed in triplicate by the person giving such order or by his or her duly authorized agent. The original shall be presented to the person who sells or dispenses the drug named therein. In event of the acceptance of such order, by such person, each party to the transaction shall preserve his or her copy of such order for a period of three years in such a way as to be readily accessible for inspection by any federal or state officer or their specifically authorized agent whose duty it is to enforce the federal drug laws or this chapter. Notwithstanding the other provisions of this chapter, a duly licensed manufacturer or wholesaler may sell and dispense depressant or stimulant drugs to a person referred to in subdivisions (a)(1), (2), (3), and (4) of this section pursuant to telephone order, provided, however, that an official written order shall be presented to the person selling or dispensing that drug within seven days of the making of that telephone order, and all the provisions of this chapter after the expiration of that period of time apply. (d) Possession of or control of regulated drugs even though obtained as authorized by this section shall not be lawful if not in the regular course of business, occupation, profession, employment, or duty of the possessor. (e) A person in charge of a hospital or of a laboratory, or in the employ of this State or of any other state, or of any political subdivision thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his or her profession, or a retired commissioned medical officer of the U.S. Army, Navy, or Public Health Service employed upon such ship or aircraft, who obtains regulated drugs under the provisions of this section or otherwise, shall not possess, nor administer, nor dispense, nor otherwise use such drugs, within this State, except within the scope of his or her employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this chapter. Added 1967, No. 343 (Adj. Sess.), § 13, eff. March 23, 1968; amended 1969, No. 256 (Adj. Sess.), § 8, eff. April 6, 1970; 2023, No. 53, § 110, eff. June 8, 2023.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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) of this section shall be deemed regulated drugs as defined in subdivision 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; amended 2023, No. 85 (Adj. Sess.), § 49, eff. July 1, 2024.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 4228 Unlawful manufacture, distribution, dispensing, or sale of a noncontrolled drug or substance

4228. Unlawful manufacture, distribution, dispensing, or sale of a noncontrolled drug or substance (a) It is unlawful for any person to knowingly dispense, manufacture, process, package, distribute, or sell or attempt to dispense, manufacture, process, package, distribute, or sell a noncontrolled drug or substance upon either: (1) the express or implied representation that the drug or substance is a controlled drug; or (2) the express or implied representation that the drug or substance is of such nature or appearance that the dispensee or purchaser will be able to dispense or sell the drug or substance as a controlled drug. (b) For the purposes of this section, a “controlled” drug or substance shall mean those drugs or substances listed under Schedules I through V in the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. as amended. (c) In determining whether there has been a violation of subsection (a) of this section, the following factors shall be considered: (1) whether the physical appearance of the package or container containing the noncontrolled drug or substance is substantially similar to the physical appearance of packages and containers regularly used in the dispensing or sale of controlled drugs or substances; (2) whether the dispensing or sale or attempted dispensing or sale included an exchange or demand for money or other valuable property as consideration for the noncontrolled drug or substance and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled drug or substance; (3) whether the overall physical appearance of the capsule, tablet, or other finished product containing the noncontrolled drug or substance is substantially similar in size, shape, color, and markings to the physical appearance of a capsule, tablet, or other finished product containing a specific controlled drug or substance. (d) The provisions of this section shall not be applicable to: (1) law enforcement officers acting in the course and legitimate scope of their employment; (2) persons who dispense, manufacture, process, package, distribute, or sell noncontrolled substances to licensed medical practitioners for use as placebos in the course of professional practice or research or for use in FDA-approved investigational new drug trials; (3) licensed medical practitioners, pharmacists, and other persons authorized to dispense or administer controlled substances and acting in the legitimate performance of their professional license. (e) In any prosecution under this section, it is no defense that the accused believed the noncontrolled drug or substance to actually be a controlled drug or substance. (f) A person convicted of violating this section shall be subject to imprisonment for a term of up to one year or a fine of up to $5,000.00, or both. If the violation of this section involves dispensing, distributing, or selling to a person under the age of 21, the person shall be subject to a term of imprisonment of not more than two years or fined up to $10,000.00, or both. Added 1981, No. 177 (Adj. Sess.), § 1; amended 1989, No. 100, § 16.

18 V.S.A. § 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.

18 V.S.A. § 4230 Cannabis

4230. Cannabis (a) Possession and cultivation. (1) No person shall knowingly and unlawfully possess more than two ounces of cannabis or more than 10 grams of hashish or cultivate more than two mature cannabis plants or four immature cannabis plants. A person who violates this subdivision 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. (2)(A) No person shall knowingly and unlawfully possess more than two ounces of cannabis or 10 grams or more of hashish or more than three mature cannabis plants or six immature cannabis plants. For a first offense under this subdivision (2), a person shall be provided the opportunity to participate in the Court Diversion Program unless the prosecutor states on the record why a referral to the Court Diversion Program would not serve the ends of justice. A person convicted of a first offense under this subdivision shall be imprisoned not more than six months or fined not more than $500.00, or both. (3) A person knowingly and unlawfully possessing eight ounces of cannabis or 1.4 ounces of hashish or knowingly and unlawfully cultivating more than four mature cannabis plants or eight immature cannabis plants shall be imprisoned not more than three years or fined not more than $10,000.00, or both. (4) A person knowingly and unlawfully possessing more than one pound of cannabis or more than 2.8 ounces of hashish or knowingly and unlawfully cultivating more than six mature cannabis plants or 12 immature cannabis plants shall be imprisoned not more than five years or fined not more than $10,000.00, or both. (5) A person knowingly and unlawfully possessing more than 10 pounds of cannabis or more than one pound of hashish or knowingly and unlawfully cultivating more than 12 mature cannabis plants or 24 immature cannabis plants shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both. (6) If a court fails to provide the defendant with notice of collateral consequences in accordance with 13 V.S.A. § 8005(b) and the defendant later at any time shows that the plea and conviction for a violation of this subsection may have or has had a negative consequence, the court, upon the defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty. Failure of the court to advise the defendant of a particular collateral consequence shall not support a motion to vacate. (7) The amounts of cannabis in this subsection shall not include cannabis cultivated, harvested, and stored in accordance with section 4230e of this title. (b) Selling or dispensing. (1) A person knowingly and unlawfully selling cannabis or hashish shall be imprisoned not more than two years or fined not more than $10,000.00, or both. (2) A person knowingly and unlawfully selling or dispensing more than one ounce of cannabis or five grams or more of hashish shall be imprisoned not more than five years or fined not more than $100,000.00, or both. (3) A person knowingly and unlawfully selling or dispensing one pound or more of cannabis or 2.8 ounces or more of hashish shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both. (4) A person 21 years of age or older may dispense one ounce or less of cannabis or five grams or less of hashish to another person who is 21 years of age or older, provided that the dispensing is not advertised or promoted to the public. (c) Trafficking. A person knowingly and unlawfully possessing 50 pounds or more of cannabis or five pounds or more of hashish with the intent to sell or dispense the cannabis or hashish 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 50 pounds or more of cannabis or five pounds or more of hashish intends to sell or dispense the cannabis or hashish. (d) Cannabis-infused products. Only the portion of a cannabis-infused product that is attributable to cannabis shall count toward the possession limits of this section. The weight of cannabis that is attributable to cannabis-infused products shall be determined according to methods set forth in rule by the Cannabis Control Board. Added 1989, No. 100, § 1; amended 2001, No. 52, § 3; 2003, No. 54, § 4; 2013, No. 75, §§ 22d, 22e, eff. July 2, 2013; 2013, No. 76, § 1; 2015, No. 133 (Adj. Sess.), § 7, eff. May 25, 2016; 2017, No. 74, § 27; 2017, No. 86 (Adj. Sess.), § 3; 2019, No. 164 (Adj. Sess.), § 31, eff. Oct. 7, 2020; 2019, No. 167 (Adj. Sess.), § 32, eff. Jan. 1, 2021; 2021, No. 20, § 72; 2023, No. 166 (Adj. Sess.), § 11, eff. June 10, 2024; 2025, No. 176 (Adj. Sess.), § 3, eff. July 1, 2026.

18 V.S.A. § 4230a Cannabis possession by a person 21 years of age or older

4230a. Cannabis possession 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 possesses two ounces or less of cannabis or 10 grams or less of hashish and two mature cannabis plants or fewer or four immature cannabis plants or fewer or who possesses paraphernalia for cannabis use 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. The two-ounce limit of cannabis or 10 grams of hashish that may be possessed by a person 21 years of age or older shall not include cannabis cultivated, harvested, and stored in accordance with section 4230e of this title. (2)(A) A person shall not consume cannabis in a public place. As used in this section, “public place” has the same meaning as provided by 7 V.S.A. § 831. (B) A person who violates this subdivision (a)(2) shall be assessed a civil penalty as follows: (i) not more than $100.00 for a first offense; (ii) not more than $200.00 for a second offense; and (iii) not more than $500.00 for a third or subsequent offense. (b)(1) Cannabis possessed or consumed in violation of State law is contraband pursuant to subsection 4242(d) of this title and subject to seizure and forfeiture. (2) This section does not: (A) exempt a person from arrest, citation, or prosecution for being under the influence of cannabis while operating a vehicle of any kind or for consuming cannabis while operating a motor vehicle; (B) repeal or modify existing laws or policies concerning the operation of vehicles of any kind while under the influence of cannabis or for consuming cannabis while operating a motor vehicle; (C) limit the authority of primary and secondary schools to impose administrative penalties for the possession of cannabis on school property; (D) prohibit a municipality from adopting a civil ordinance to provide additional penalties for consumption of cannabis in a public place; (E) prohibit a landlord from banning use of lighted cannabis or cannabis products intended for inhalation in a lease agreement; or (F) allow an inmate of a correctional facility to possess or use cannabis or to limit the authority of law enforcement, the courts, the Department of Corrections, or the Parole Board to impose penalties on offenders who use cannabis in violation of a court order, conditions of furlough, parole, or rules of a correctional facility. (c)(1) A law enforcement officer is authorized to detain a person if: (A) the officer has reasonable grounds to believe the person has violated subsection (a) of this section; and (B) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer. (2) The person may be detained only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a judge in the Criminal Division of the Superior Court for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122. (d) Fifty percent of the civil penalties imposed by the Judicial Bureau for violations of this section shall be deposited in the Drug Task Force Special Fund, hereby created to be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and available to the Department of Public Safety for the funding of law enforcement officers on the Drug Task Force, except for a $12.50 administrative charge for each violation, which shall be deposited in the Court Technology Special Fund, in accordance with 13 V.S.A. § 7252. The remaining 50 percent shall be deposited in the Youth Substance Awareness Safety Program Special Fund, hereby created to be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and available to the Court Diversion Program for funding of the Youth Substance Awareness Safety Program as required by section 4230b of this title. (e) Nothing in this section shall be construed to do any of the following: (1) require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of cannabis in the workplace; (2) prevent an employer from adopting a policy that prohibits the use of cannabis in the workplace; (3) create a cause of action against an employer that discharges an employee for violating a policy that restricts or prohibits the use of cannabis by employees; or (4) prevent an employer from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale, or growing of cannabis on the employer’s premises. Added 2013, No. 76, § 2; amended 2013, No. 95 (Adj. Sess.), § 81, eff. Feb. 25, 2014; 2013, No. 194 (Adj. Sess.), § 13; 2017, No. 86 (Adj. Sess.), § 4; 2019, No. 164 (Adj. Sess.), § 30, eff. Oct. 7, 2020; 2019, No. 167 (Adj. Sess.), § 3, eff. Oct. 7, 2020; 2021, No. 20, § 73; 2025, No. 176 (Adj. Sess.), §§ 4, 31, eff. July 1, 2026.

18 V.S.A. § 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.

18 V.S.A. § 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 7 V.S.A. § 656 and shall be subject to the penalties in 7 V.S.A. § 656(b)(2) 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; 2025, No. 165 (Adj. Sess.), § 24, eff. June 18, 2026.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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) Trafficking. (1) 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 not less than 400 grams in the aggregate. (2) [Repealed.] Added 1989, No. 100, § 2; amended 2001, No. 52, § 4; 2003, No. 54, § 5; 2007, No. 187 (Adj. Sess.), § 1; 2023, No. 161 (Adj. Sess.), § 57, eff. June 6, 2024.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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. (d) As used in this section, “knowingly” means: (1) the defendant had actual knowledge that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter; or (2) the defendant: (A) was aware that there is a high probability that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter; and (B) took deliberate actions to avoid learning that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter. Added 2017, No. 62, § 4; amended 2023, No. 125 (Adj. Sess.), § 14, eff. July 1, 2024.

18 V.S.A. § 4233b Xylazine

4233b. Xylazine (a) No person shall dispense or sell xylazine except as provided in subsection (b) of this section. (b) The following are permitted activities related to xylazine: (1) dispensing or prescribing for, or administration to, a nonhuman species a drug containing xylazine approved by the Secretary of Health and Human Services pursuant to section 512 of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b; (2) dispensing or prescribing for, or administration to, a nonhuman species permissible pursuant to section 512(a)(4) of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b(a)(4); (3) manufacturing, distribution, or use of xylazine as an active pharmaceutical ingredient for manufacturing an animal drug approved under section 512 of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b or issued an investigation use exemption pursuant to section 512(j); (4) manufacturing, distribution, or use of a xylazine bulk chemical for pharmaceutical compounding by licensed pharmacists or veterinarians; and (5) any other use approved or permissible under the Federal Food, Drug, and Cosmetic Act. (c) A person knowingly and unlawfully dispensing xylazine shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling xylazine shall be imprisoned not more than five years or fined not more than $100,000.00, or both. (d) As used in this section, “knowingly” means: (1) the defendant had actual knowledge that one or more preparations, compounds, mixtures, or substances contained xylazine; or (2) the defendant: (A) was aware that there is a high probability that one or more preparations, compounds, mixtures, or substances contained xylazine; and (B) took deliberate actions to avoid learning that one or more preparations, compounds, mixtures, or substances contained xylazine. Added 2023, No. 125 (Adj. Sess.), § 16, eff. July 1, 2024.

18 V.S.A. § 4234 Depressant, stimulant, and narcotic drugs

4234. Depressant, stimulant, and narcotic drugs (a) Possession. (1)(A) Except as provided by subdivision (B) of this subdivision (1), a person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, shall be imprisoned not more than one year or fined not more than $2,000.00, or both. (B) A person knowingly and unlawfully possessing 224 milligrams or less of buprenorphine shall not be punished in accordance with subdivision (A) of this subdivision (1). (2) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 100 times a benchmark unlawful dosage or its equivalent 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 a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 1,000 times a benchmark unlawful dosage or its equivalent 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 a depressant, stimulant, or narcotic drug, other than heroin or cocaine, consisting of 10,000 times a benchmark unlawful dosage or its equivalent 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 a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or 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 a depressant, stimulant, or narcotic drug, other than fentanyl, cocaine, or heroin, 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 a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, consisting of 100 times a benchmark unlawful dosage or its equivalent 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 a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, consisting of 1,000 times a benchmark unlawful dosage or its equivalent shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both. (4) As used in this subsection, “knowingly” means: (A) the defendant had actual knowledge that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter; or (B) the defendant: (i) was aware that there is a high probability that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter; and (ii) took deliberate actions to avoid learning that one or more preparations, compounds, mixtures, or substances contained the regulated drug identified in the applicable section of this chapter. (c) Possession of buprenorphine by a person under 21 years of age. (1) Except as provided in subdivision (2) of this subsection, a person under 21 years of age who knowingly and unlawfully possesses 224 milligrams or less of buprenorphine commits a civil violation and shall be subject to the provisions of 7 V.S.A. § 656. (2) A person under 16 years of age who knowingly and unlawfully possesses 224 milligrams or less of buprenorphine commits a delinquent act and shall be subject to the provisions of section 4230j of this title. Added 1989, No. 100, § 5; amended 2001, No. 52, § 7; 2009, No. 25, § 14; 2017, No. 62, § 5; 2021, No. 46, § 2, eff. June 1, 2021; 2021, No. 46, § 3, eff. July 1, 2023; 2023, No. 53, § 117, eff. July 2, 2023; 2023, No. 125 (Adj. Sess.), § 15, eff. July 1, 2024; 2025, No. 165 (Adj. Sess.), § 25, eff. June 18, 2026.

18 V.S.A. § 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.

18 V.S.A. § 4234b Ephedrine and pseudoephedrine

4234b. Ephedrine and pseudoephedrine (a) Possession. (1) No person shall knowingly and unlawfully possess a drug product containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base with the intent to use the product as a precursor to manufacture methamphetamine or another controlled substance. (2) A person who violates this subsection shall: (A) if the offense involves possession of less than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base, be imprisoned not more than one year or fined not more than $2,000.00, or both; (B) if the offense involves possession of nine or more grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base, be imprisoned not more than five years or fined not more than $100,000.00, or both. (b) Sale. (1) A drug product containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base shall not be distributed at retail to the general public unless it is maintained in a locked display case or behind the counter out of the public’s reach. (2)(A) A retail establishment shall not knowingly complete a sale to a person if the drug product or combination of drug products purchased would surpass a total of more than 3.6 grams within a 24-hour period or nine grams within a 30-day period of ephedrine base, pseudoephedrine base, or phenylpropanolamine base or their isomers. (B) This subdivision shall not apply to drug products dispensed pursuant to a valid prescription. (3) A person or business that violates this subdivision shall: (A) for a first violation be assessed a civil penalty of not more than $100.00; and (B) for a second and subsequent violation be assessed a civil penalty of not more than $500.00. (c) Electronic registry system. (1)(A) Retail establishments shall use an electronic registry system to record the sale of products made pursuant to subsection (b) of this section. The electronic registry system shall have the capacity to block a sale of nonprescription drug products containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base that would result in a purchaser exceeding the lawful daily or monthly amount. The system shall contain an override function that may be used by an agent of a retail establishment who is dispensing the drug product and who has a reasonable fear of imminent bodily harm to his or her person or to another person if the transaction is not completed. The system shall create a record of each use of the override mechanism. (B) The electronic registry system shall be available free of charge to the State of Vermont, retail establishments, and local law enforcement agencies. (C) The electronic registry system shall operate in real time to enable communication among in-state users and users of similar systems in neighboring states. (D) The State shall use the National Precursor Log Exchange (NPLEx) online portal or its equivalent to host Vermont’s electronic registry system. (2)(A) Prior to completing a sale under subsection (b) of this section, a retail establishment shall require the person purchasing the drug product to present a current, valid, government-issued identification document. The retail establishment shall record in the electronic registry system: (i) the name and address of the purchaser; (ii) the name of the drug product and quantity of ephedrine, pseudoephedrine, and phenylpropanolamine base sold in grams; (iii) the date and time of purchase; (iv) the form of identification presented, the issuing government entity, and the corresponding identification number; and (v) the name of the person selling or furnishing the drug product. (B)(i) If the retail establishment experiences an electronic or mechanical failure of the electronic registry system and is unable to comply with the electronic recording requirement, the retail establishment shall maintain a written log or an alternative electronic record-keeping mechanism until the retail establishment is able to comply fully with this subsection (c). (ii) If the region of the State where the retail establishment is located does not have broadband Internet access, the retail establishment shall maintain a written log or an alternative electronic record-keeping mechanism until broadband Internet access becomes accessible in that region. At that time, the retail establishment shall come into compliance with this subsection (c). (C) A retail establishment shall maintain all records of drug product purchases made pursuant to this subsection (c) for a minimum of two years. (3) A retail establishment shall display a sign at the register provided by NPLEx or its equivalent to notify purchasers of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine base that: (A) the purchase of the drug product or products shall result in the purchaser’s identity being listed on a national database; and (B) the purchaser has the right to request the transaction number for any purchase that was denied pursuant to this subsection (c). (4) A person or retail establishment that violates this subsection shall: (A) for a first violation be assessed a civil penalty of not more than $100.00; and (B) for a second or subsequent violation be assessed a civil penalty of not more than $500.00. (d) This section shall not apply to a manufacturer that has obtained an exemption from the Attorney General of the United States under Section 711(d) of the federal Combat Methamphetamine Epidemic Act of 2005. (e) As used in this section: (1) “Distributor” means a person, other than a manufacturer or wholesaler, that sells, delivers, transfers, or in any manner furnishes a drug product to any person that is not the ultimate user or consumer of the product. (2) “Knowingly” means having actual knowledge of the relevant facts. (3) “Manufacturer” means a person that produces, compounds, packages, or in any manner initially prepares a drug product for sale or use. (4) “Wholesaler” means a person, other than a manufacturer, that sells, transfers, or in any manner furnishes a drug product to any other person for the purpose of being resold. Added 2005, No. 164 (Adj. Sess.), § 2, eff. Sept. 30, 2006; amended 2013, No. 75, § 19, eff. Oct. 1, 2013; 2013, No. 75, § 19a, eff. Sept. 30, 2016; 2017, No. 62, § 7, eff. June 7, 2017; 2017, No. 113 (Adj. Sess.), § 82.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 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.

18 V.S.A. § 4240a Overdose prevention; drug-checking for contaminant detection [Renumbered]

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

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