Download this document in MS Word format
ACT OF THE GENERAL ASSEMBLY 2007-2008

AutoFill Template

NO. 187.  AN ACT RELATING TO DECREASING THE AMOUNTS OF COCAINE AND HEROIN REQUIRED TO BE POSSESSED TO TRIGGER DRUG TRAFFICKING PENALTIES.

(S.250)

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

Sec. 1.  18 V.S.A. § 4231(c)(1) is amended to read:

(c)(1)  Trafficking.  A person knowingly and unlawfully possessing cocaine in an amount consisting of 300 150 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 300 150 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 no less than 800 400 grams in the aggregate.

Sec. 2.  18 V.S.A. § 4233(c) is amended to read:

(c)  Trafficking.  A person knowingly and unlawfully possessing heroin in an amount consisting of seven 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 seven 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 20 10 grams in the aggregate.

Sec. 3.  18 V.S.A. § 4252 is added to read:

§ 4252.  PENALTIES FOR DISPENSING OR SELLING REGULATED

               DRUGS IN A DWELLING

(a)  No person shall knowingly permit a dwelling, building, or structure owned by or under the control of the person to be used for the purpose of illegally dispensing or selling a regulated drug.

(b)  A landlord shall be in violation of subsection (a) of this section only if the landlord knew at the time he or she signed the lease agreement that the tenant intended to use the dwelling, building, or structure for the purpose of illegally dispensing or selling a regulated drug.

(c)  A person who violates this section shall be imprisoned not more than two years or fined not more than $1,000.00 or both.

Sec. 4.  SENTENCING COMMISSION DRUG POLICY STUDY

(a)(1)  The Vermont sentencing commission shall review current state practices regarding:

(A)  sentencing for drug offenses;

(B)  prevention and treatment of drug abuse; and

(C)  investigation, prosecution, and punishment for drug offenses. 

(2)  The commission shall determine whether Vermont laws are consistent with best practices, considering the costs and benefits to different approaches with best practices.  This review shall be given priority as the commission outlines its work for 2008 and 2009. 

(b)  The commission shall report its findings and recommendations to the senate and house committees on judiciary no later than March 30, 2009.  

(c)  In conducting the review, the committee shall have the assistance and cooperation of all state and local agencies and departments, including the department of public safety.

Approved:  June 5, 2008



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us