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NO. 52. AN ACT RELATING TO DISTRIBUTION OF REGULATED DRUGS.

(H.214)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. STATEMENT OF PURPOSE

The purpose of this act is to respond to the growing threats posed by the drug Ecstasy and by date rape drugs. Young people, particularly teenagers who have run away from home, are especially vulnerable to the dangers created by these drugs. Therefore, in order to provide heightened protection for minors and for the public at large, this bill criminalizes possession and distribution of Ecstasy and date rape drugs.

Sec. 2. 18 V.S.A. § 4201 is amended to read:

§ 4201. DEFINITIONS

As used in this chapter, unless the context otherwise requires:

* * *

(6) "Depressant or stimulant drug" means:

(A) any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid, or any derivative of barbituric acid, which is designated as habit forming because of its effect on the central nervous system in the regulations adopted by the board of health under section 4202 of this title;

(B) any drug which contains any quantity of amphetamine or any of its optical isomers, any salt or amphetamine or any salt of an optical isomer of amphetamine, which the board of health so designates by such regulation as habit forming because of its effect on the central nervous system; *[and

]*

(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 which contains any quantity of a substance which the board of health so designates by such regulation as having a serious potential for abuse arising out of its effect on the central nervous system.

* * *

(29) "Regulated drug" means:

(A) a narcotic drug*[,]*;

(B) a depressant or stimulant drug*[,]*;

(C) a hallucinogenic drug*[,]*;

(D) Ecstasy; or

(E) marijuana.

* * *

(38) "Ecstasy" means 3,4-methylenedioxymethamphetamine, including its salts, isomers, or salts of isomers.

Sec. 3. 18 V.S.A. § 4230 is amended to read:

§ 4230. MARIJUANA

* * *

(b) *[Sale]* Selling or dispensing.

(1) A person knowingly and unlawfully selling marijuana 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 *[delivering]* dispensing marijuana in an amount consisting of one or more preparations, compounds, mixtures or substances, of an aggregate weight of one-half ounce or more containing any marijuana 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 *[delivering]* dispensing marijuana in an amount consisting of one or more preparations, compounds, mixtures or substances, of an aggregate weight of one pound or more containing any marijuana shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both.

Sec. 4. 18 V.S.A. § 4231 is amended to read:

§ 4231. COCAINE

* * *

(b) *[Sale]* Selling or dispensing.

(1) A person knowingly and unlawfully *[delivering]* 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 *[delivering]* 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 ten years or fined not more than $250,000.00, or both.

(3) A person knowingly and unlawfully selling or *[delivering]* 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.

Sec. 5. 18 V.S.A. § 4232 is amended to read:

§ 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 *[400 micrograms or more of]* 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 *[4000 micrograms or more of]* 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 ten years or fined not more than $100,000.00, or both.

(4) A person knowingly and unlawfully possessing *[40,000 micrograms or more of]* 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) *[Sale]* Selling or dispensing.

(1) A person knowingly and unlawfully *[delivering]* 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 *[delivering 400 micrograms or more of]* 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 ten years or fined not more than $100,000.00, or both.

(3) A person knowingly and unlawfully selling or *[delivering 4000 micrograms or more of]* 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.

Sec. 6. 18 V.S.A. § 4233 is amended to read:

§ 4233. HEROIN

* * *

(b) *[Sale]* Selling or dispensing.

(1) A person knowingly and unlawfully *[delivering]* 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 *[delivering]* 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 ten years or fined not more than $250,000.00, or both.

(3) A person knowingly and unlawfully selling or *[delivering]* 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.

Sec. 7. 18 V.S.A. § 4234 is amended to read:

§ 4234. DEPRESSANT, STIMULANT AND NARCOTIC DRUGS

* * *

(b) *[Sale]* Selling or dispensing.

(1) A person knowingly and unlawfully *[delivering]* dispensing a depressant, stimulant or narcotic drug, other than 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 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 *[delivering]* dispensing a depressant, stimulant or narcotic drug, other than heroin or cocaine, consisting of one-hundred times a recommended individual therapeutic dosage or its equivalent as determined by the board of health by rule shall be imprisoned not more than ten years or fined not more than $100,000.00, or both.

(3) A person knowingly and unlawfully selling or *[delivering]* dispensing a depressant, stimulant or narcotic drug, other than heroin or cocaine, consisting of one-thousand times a recommended individual therapeutic dosage or its equivalent as determined by the board of health by rule shall be imprisoned not more than 20 years or fined not more than $500,000.00, or both.

Sec. 8. 18 V.S.A. § 4235 is amended to read:

§ 4235. HALLUCINOGENIC DRUGS

* * *

(c) *[Sale]* Selling or dispensing.

(1) A person knowingly and unlawfully *[delivering]* 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 *[delivering]* dispensing ten or more doses of a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not more than ten years or fined not more than $100,000.00, or both.

(3) A person knowingly and unlawfully selling or *[delivering]* 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.

Sec. 9. 18 V.S.A. § 4235a is added to read:

§ 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 ten 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 ten 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.

Sec. 10. 18 V.S.A. § 4237 is amended to read:

§ 4237. *[DELIVERY OR SALE]* SELLING OR DISPENSING TO MINORS*[:]*; SELLING ON SCHOOL GROUNDS

(a) *[Delivery of]* Dispensing regulated drugs to minors. A person knowingly and unlawfully *[delivering]* dispensing any regulated drug to a person under the age of 18 who is at least three years that person’s junior shall be sentenced to a term of imprisonment of not more than five years *[or fined not more than $25,000.00, or both]*.

(b) Sale of regulated drugs. A person knowingly and unlawfully selling any regulated drug to a person under the age of 18 shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than ten years.

(c) Selling on school grounds. A person knowingly and unlawfully *[delivering]* dispensing or selling a regulated drug on a school bus or in or on *[the]* real property *[comprising]* owned by a public or private elementary, secondary or vocational school shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than ten years.

(d) As used in this section, "owned by a school" means owned, leased, controlled or subcontracted by a school.

Approved: June 12, 2001