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H.714

Introduced by   Representatives McAllister of Highgate, Bartlett of Dover, DePoy of Rutland City, Parent of St. Albans City and Perry of Richford

Referred to Committee on

Date:

Subject:  Health; possession and control of regulated drugs

Statement of purpose:  This bill proposes to establish mandatory minimums for dispensing or selling drugs and increase the prison time and fines for such offenses.

AN ACT RELATING TO ESTABLISHING MANDATORY MINIMUMS FOR SELLING OR DISPENSING ILLEGAL DRUGS

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

Sec. 1.  18 V.S.A. § 4230 is amended to read:

§ 4230.  MARIJUANA

* * *

(b)  Selling or dispensing.

(1)  A person knowingly and unlawfully selling marijuana shall be imprisoned not less than two years and not more than two five years or and fined not less than $5,000.00 and not more than $10,000.00, or both.

(2)  A person knowingly and unlawfully selling or 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 less than five years and not more than five ten years or and fined not less than $25,000.00 and not more than $100,000.00, or both.

(3)  A person knowingly and unlawfully selling or 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 less than 10 years and not more than 15 20 years or and fined not less than $100,000.00 and not more than $500,000.00, or both.

(c)  Trafficking.  A person knowingly and unlawfully possessing marijuana in an amount consisting of one or more preparations, compounds, mixtures, or substances of an aggregate weight of 50 pounds or more containing any marijuana with the intent to sell or dispense the marijuana shall be imprisoned not less than 20 years and not more than 30 years or and fined not more than $1,000,000.00, or both.  There shall be a permissive inference that a person who possesses marijuana in an amount consisting of one or more preparations, compounds, mixtures, or substances of an aggregate weight of 50 pounds or more containing any marijuana intends to sell or dispense the marijuana.

Sec. 2.  18 V.S.A. § 4231 is amended to read:

§ 4231.  COCAINE

* * *

(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 less than five years and not more than five eight years or and fined not less than $25,000.00 and 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 less than eight years and not more than ten 15 years or and fined not less than $50,000.00 and 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 less than 10 years and not more than 20 years or and fined not less than $100,000.00 and not more than $1,000,000.00, or both.

(c)(1)  Trafficking.  A person knowingly and unlawfully possessing cocaine in an amount consisting of 300 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 less than 20 years and not more than 30 years or and fined not less than $100,000.00 and 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 300 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 no less than 800 grams in the aggregate.

(2)  A person knowingly and unlawfully possessing crack cocaine in an amount consisting of 60 grams or more of one or more preparations, compounds, mixtures, or substances containing crack cocaine with the intent to sell or dispense the crack cocaine shall be imprisoned not less than 20 years and not more than 30 years or and fined not less than $100,000.00 and not more than $1,000,000.00, or both.  There shall be a permissive inference that a person who possesses crack cocaine in an amount consisting of 60 grams or more of one or more preparations, compounds, mixtures, or substances containing crack cocaine intends to sell or dispense the crack cocaine.

Sec. 3.  18 V.S.A. § 4232 is amended to read:

§ 4232.  LSD

* * *

(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 less than five years and not more than five eight years or and fined not more less than $25,000.00, or both and not more than $100,000.00.

(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 less than eight years and not more than ten 15 years or and fined not more less than $100,000.00, or both and not more than $500,000.00.

(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 less than 20 years and not more than 30 years or and fined not more less than $500,000.00, or both and not more than $1,000,000.00.

Sec. 4.  18 V.S.A. § 4233 is amended to read:

§ 4233.  HEROIN

* * *

(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 less than five years and not more than five eight years or and fined not less than $25,000.00 and 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 less than eight years and not more than ten 15 years or and fined not less than $75,000.00 and 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 less than ten years and not more than 20 years or and fined not less than $100,000.00 and not more than $1,000,000.00, or both.

(c)  Trafficking.  A person knowingly and unlawfully possessing heroin in an amount consisting of seven 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 less than 15 years and not more than 30 years or and fined not less than $250,000.00 and 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 seven 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 20 grams in the aggregate.

Sec. 5.  18 V.S.A. § 4234 is amended to read:

§ 4234.  DEPRESSANT, STIMULANT, AND NARCOTIC DRUGS

* * *

(b)  Selling or dispensing.

(1)  A person knowingly and unlawfully 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 less than three years and not more than five years or and fined not less than $25,000.000 and not more than $25,000.00, or both $100,000.00.

(2)  A person knowingly and unlawfully selling or dispensing a depressant, stimulant or narcotic drug, other than heroin or cocaine, consisting of one-hundred 100 times a recommended individual therapeutic dosage or its equivalent as determined by the board of health by rule shall be imprisoned not less than five years and not more than ten years or and fined not less than $50,000.00 and not more than $100,000.00, or both $250,000.00.

(3)  A person knowingly and unlawfully selling or dispensing a depressant, stimulant or narcotic drug, other than heroin or cocaine, consisting of one-thousand 1,000 times a recommended individual therapeutic dosage or its equivalent as determined by the board of health by rule shall be imprisoned not less than 10 years and not more than 20 years or and fined not less than $100,000.00 and not more than $500,000.00, or both.

Sec. 6.  18 V.S.A. § 4234a is amended to read:

§ 4234a.  METHAMPHETAMINE

* * *

(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 less than three years and not more than five years or and fined not less than $25,000.00 and 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 less than five years and not more than ten years or and fined not less than $75,000.00 and 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 less than 10 years and not more than 20 years or and fined not less than $250,000.00 and 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 less than 20 years and not more than 30 years or and fined not less than $250,000.00 and 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.

Sec. 7.  18 V.S.A. § 4235 is amended to read:

§ 4235.  HALLUCINOGENIC DRUGS

* * *

(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 less than two years and not more than five years or and fined not less than $5,000.00 and not more than $25,000.00, or both.

(2)  A person knowingly and unlawfully selling or dispensing ten or more doses of a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not less than five years and not more than ten years or and fined not less than $25,000.00 and 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 less than eight years and not more than 15 years or and fined not less than $75,000.00 and not more than $500,000.00, or both.

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

§ 4235a.  ECSTASY

* * *

(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 less than two years and not more than five years or and fined not less than $5,000.00 and 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 less than five years and not more than ten years or and fined not less than $25,000.00 and 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 less than 10 years and not more than 20 years or and fined not less than $100,000.00 and not more than $500,000.00, or both.

Sec. 9.  18 V.S.A. § 4237 is amended to read:

§ 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 less than five years and not more than 10 years.

(b)  Sale of Selling regulated drugs to minors.  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 less than ten years and not more than 15 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 public or private elementary, secondary, or vocational school.

* * *

(e)  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 less than ten years and not more than 15 years.

* * *



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us