Title 18: Health

Chapter 84: POSSESSION AND CONTROL OF REGULATED DRUGS

§ 4201. Definitions

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

(1) "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 state board of health so designated under chapter 3 of this title.

(2) "Board of health" means the state board of health so designated under chapter 3 of this title.

(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 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, other than methamphetamine, 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;

(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, 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.

(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 which 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 regulations adopted by the board 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 his or her respective professional board under the applicable laws of this state, or a license issued by the board 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 which compounds such drugs to be sold or dispensed on prescriptions at retail.

(15) "Marijuana" means any plant material of the genus cannabis or any preparation, compound, or mixture thereof except sterilized seeds of the plant and fiber produced from the stalks.

(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 regulations adopted by the board 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 sick, invalid, infirm, disabled, or convalescent persons, 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 United States Commissioner of Narcotics and issued by the United States 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 board 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, dentist, or veterinarian licensed under this chapter to prescribe such a drug which shall be in writing except as otherwise specified herein. 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 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. Such prescription shall also bear the full name, address, and registry number of the prescriber and shall be written with ink, indelible pencil, or typewriter; if typewritten, it shall be signed by the physician.

(27) "Registration" means the annual registration of licenses and certificates under this chapter.

(28) "Registry number" means the number assigned under regulations adopted by the board 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) marijuana; or

(F) methamphetamine.

(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, 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 board 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) "Crack cocaine" means the free-base form of cocaine.

(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. (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.)

§ 4202. Powers and duties of the board of health

(a) The board of health is authorized and empowered to adopt such regulations which 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, regulations and determination, when adopted, shall, until modified or rescinded, have the force and effect of law.

(c) The board of health and any representative specifically authorized by it 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 regulations adopted by the board 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 board of health with respect to the form and substance of those regulations 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.)

§ 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.)

§ 4204. Preparations excepted

(a) The board of health may provide, by regulation, 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 which that board 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.)

§ 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.)

§ 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 board of health under terms adopted by that board 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.)

§ 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 board of health.

(b) The certificate of approval issued by the board 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 board 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 that board 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.)

§ 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, 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 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 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.)

§ 4209. Supervision, revocation, and reinstatement of licenses and certificates

(a) A board 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 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 satisfaction that the holder or his or her employee or agent has violated any of the provisions of this chapter.

(b) Notwithstanding the foregoing, a board may, upon application of such person, at any time, after notice and opportunity for hearing, and upon good cause shown satisfactory to that board in the exercise of its discretion, reinstate the license or certificate of a person previously suspended or revoked by that board under subsection (a) of this section. (Added 1967, No. 343 (Adj. Sess.), § 9, eff. March 23, 1968.)

§ 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 regulation adopted by the board of health, after prior written notice to the board of pharmacy and after the board of pharmacy has had an opportunity to advise the board of health with respect to the form and substance of that regulation 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 board 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 his or her 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.)

§ 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, or to authorized agents of professional licensing boards, as that term is defined under 3 V.S.A. chapter 5. No person having knowledge by virtue of his or her office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution, or proceeding before the board 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.)

§ 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.)

§ 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 regulations adopted by the board 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 his or her 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 United States 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 United States 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 United States Public Health Service.

(3) To a person in a foreign country if the provisions of the federal drug laws and the regulations adopted by the board 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 United States 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.)

§ 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 regulation adopted by the board of health, when such drug is no longer required by the patient. (Added 1967, No. 343 (Adj. Sess.), § 14, eff. March 23, 1968.)

§ 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 which 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) 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. Pharmacists shall be subject to the requirements of 21 U.S.C. chapter 13. Notwithstanding the foregoing, no prescription for a schedule II drug written without a future fill date may be filled more than 30 days after the date the prescription was issued. No prescription for a schedule II drug written to be filled at a future date may be filled more than 90 days after the date the prescription was issued. 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.)

§ 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 which 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) shall be deemed regulated drugs as defined in section 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.)

§ 4216. Authorized possession by individuals

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 under this chapter 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, provided however, that for the purposes of this section an amount of regulated drugs of not more than two days' individual prescribed dosage may be possessed by a patient for his or her personal use. (Added 1967, No. 343 (Adj. Sess.), § 16, eff. March 23, 1968.)

§ 4217. Reports by physicians and hospitals

It shall be the duty of every physician and every hospital to report to the board 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. Said reports shall include the type of problem being treated, the class of regulated drug which was used, and such further information as is required by regulation of the board of health as promulgated under section 4202 of this title, except that the regulations 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.)

§ 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 and regulations of the board 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, 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. (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.)

§ 4219. Repealed. 1985, No. 174 (Adj. Sess.), § 3.

§ 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 which, 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 his or her profession or to carry on his or her business, and to the board 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.)

§ 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, or (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.)

§ 4222. Common nuisances

Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons for the purpose of using regulated drugs or which 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.)

§ 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 wilfully 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 regulation of the board 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.)

§ 4224. Repealed. 1989, No. 100, § 17.

§ 4225. Repealed. 1995, No. 188 (Adj. Sess.), § 4.

§ 4226. Minors; treatment; consent

(a) If a minor 12 years of age or older is suspected either (1) to be dependent upon regulated drugs as defined in section 4201 of this title, or (2) to have venereal disease or (3) to be an alcoholic as defined in section 8401 of this title, and the finding of such dependency or disease or alcoholism is verified by a licensed physician, the minor may give (1) his or her consent to medical treatment and hospitalization and, (2) in the case of a drug dependent or alcoholic person, 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. 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 des

cribed 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.).)

§ 4227. Repealed. 1985, No. 174 (Adj. Sess.), § 3.

§ 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), 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.)

§ 4229. Maintenance of records

Notwithstanding the provisions of sections 4202, 4210, 4213, and 4215 relating to the maintenance of records, all regulations adopted by the board 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 board of health and board of pharmacy regulations will result in compliance with federal laws and regulations. (Added 1981, No. 244 (Adj. Sess.), § 19.)

§ 4230. Marijuana

(a) Possession and cultivation.

(1) A person knowingly and unlawfully possessing marijuana shall be imprisoned not more than six months or fined not more than $500.00, or both. A person convicted of a second or subsequent offense under this subdivision shall be imprisoned not more than two years or fined not more than $2,000.00, or both. Upon an adjudication of guilt for a first offense under this subdivision, the court may defer sentencing as provided in 13 V.S.A. § 7041 except that the court may in its discretion defer sentence without the filing of a presentence investigation report and except that sentence may be imposed at any time within two years from and after the date of entry of deferment. The court may prior to sentencing, order that the defendant submit to a drug assessment screening which may be considered at sentencing in the same manner as a presentence report.

(2) 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 two ounces or more containing any marijuana or knowingly and unlawfully cultivating more than three plants of marijuana shall be imprisoned not more than three years or fined not more than $10,000.00, or both.

(3) 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 one pound or more containing any marijuana or knowingly and unlawfully cultivating more than 10 plants of marijuana shall be imprisoned not more than five years or fined not more than $100,000.00, or both.

(4) 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 10 pounds or more or knowingly and unlawfully cultivating more than 25 plants of marijuana shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both.

(b) 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 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 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.

(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 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 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. (Added 1989, No. 100, § 1; amended 2001, No. 52, § 3; 2003, No. 54, § 4.)

§ 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) [Deleted.]

(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)(1) Trafficking. 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 no less than 400 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 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 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. (Added 1989, No. 100, § 2; amended 2001, No. 52, § 4; 2003, No. 54, § 5; 2007, No. 187 (Adj. Sess.), § 1.)

§ 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.)

§ 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. (Added 1989, No. 100, § 4; amended 2001, No. 52, § 6; 2003, No. 54, § 6; 2007, No. 187 (Adj. Sess.), § 2.)

§ 4234. Depressant, stimulant, and narcotic drugs

(a) Possession.

(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.

(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 as determined by the board of health by rule 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 as determined by the board of health by rule 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 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.

(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 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 heroin or cocaine, consisting of 100 times a benchmark unlawful dosage or its equivalent as determined by the board of health by rule 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 heroin or cocaine, consisting of 1,000 times a benchmark unlawful 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. (Added 1989, No. 100, § 5; amended 2001, No. 52, § 7; 2009, No. 25, § 14.)

§ 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.)

§ 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 sell to a person within a calendar day any drug product or combination of drug products containing a total of more than 3.6 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base.

(B) This subdivision shall not apply to drug products dispensed pursuant to a valid prescription.

(3) A person or business which violates this subdivision shall:

(A) for a first violation be assessed a civil penalty of not more than $100.00.

(B) for a second and subsequent violation be assessed a civil penalty of not more than $500.00.

(c) This section shall not apply to a manufacturer which 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.

(d) As used in this section:

(1) "Distributor" means a person, other than a manufacturer or wholesaler, who sells, delivers, transfers, or in any manner furnishes a drug product to any person who 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 who 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, who 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.)

§ 4235. Hallucinogenic drugs

(a) "Dose" of a hallucinogenic drug means that minimum amount of a hallucinogenic drug, not commonly used for therapeutic purposes, which causes a substantial hallucinogenic effect. The board of health shall adopt rules which establish doses for hallucinogenic drugs. The board 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 1000 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 ten 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.)

§ 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, mixture,s 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.)

§ 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 marijuana. (Added 1989, No. 100, § 7.)

§ 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) 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) 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) 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.)

§ 4238. Second and subsequent offenses

A person convicted of a second or subsequent offense of violating sections 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.)

§ 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.)

§ 4241. Scope

(a) The following property shall be subject to this subchapter:

(1) All regulated drugs which have been cultivated, manufactured, distributed, compounded, possessed, sold, prescribed, dispensed, or delivered in violation of subchapter 1 of this chapter.

(2) All raw materials, products, and equipment of any kind, which are used or intended for use in cultivating, manufacturing, compounding, dispensing, delivering, processing, importing, or exporting any regulated drug in violation of subchapter 1 of this chapter.

(3) All property which is used or intended for use as a container for property described in subdivision (1) or (2) of this subsection.

(4) All books, records, and research, including but not limited to formulas, microfilm, tapes, computers, software, and data, which are used or intended for use in violation of subchapter 1 of this chapter.

(5) Any consideration, including but not limited to monies, negotiable instruments, and securities, used or intended for use in the cultivation, manufacture, compounding, distribution, or delivery of any regulated drug in violation of subchapter 1 of this chapter and any proceeds or derivative proceeds of any dispensing or sale of any regulated drug in violation of subchapter 1 of this chapter, including but not limited to monies, negotiable instruments, and securities. Such consideration, proceeds, or derivative proceeds shall be forfeited to the extent of the interest of an owner, only by reason of an action or omission committed or omitted with the knowledge or consent of the owner. As used herein, "derivative proceeds" shall not include real property which is occupied as the primary residence of a person involved in the violation and a member or members of that person's family.

(6) All conveyances, including aircraft, vehicles, or vessels, which are used or are intended for use to transport, conceal, or in any manner facilitate the cultivation, manufacture, compounding, dispensing, delivering, sale, or possession of a regulated drug in violation of subchapter 1 of this chapter. No conveyance shall be forfeited:

(A) which is used by any person as a common carrier in the transaction of business as a common carrier unless the owner or other person in charge of such conveyance was a consenting party or privy to a violation of subchapter 1 of this chapter;

(B) by reason of any act or omission of any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, this state or any other state; or

(C) by reason of the use or intended use of the conveyance in violation of subchapter 1 of this chapter by a person other than the owner, unless the owner knew or had reason to believe that the conveyance was used in that manner.

(b) This subchapter shall not apply to any property used or intended for use in an offense involving two ounces or less of marijuana. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 1989, No. 100, § 13.)

§ 4242. Seizure

(a) The court may issue at the request of the state ex parte a preliminary order or process to seize or secure property for which forfeiture is sought and to provide for its custody. Process for seizure of such property shall issue only upon a showing of probable cause that the property is subject to forfeiture. Application therefor and issuance, execution, and return shall be subject to provisions of applicable law.

(b) Any property subject to forfeiture under this subchapter may be seized upon process. Seizure without process may be made when

(1) the seizure is incident to an arrest with probable cause or a search under a valid search warrant;

(2) the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this subchapter; or

(3) the seizure is incident to a valid warrantless search.

(c) If property is seized without process under subdivision (b)(1) or (3) of this section, the state shall forthwith petition the court for a preliminary order or process under subsection (a) of this section.

(d) All regulated drugs the possession of which is prohibited under this chapter are contraband and shall be automatically forfeited to the state and destroyed. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 1987, No. 42.)

§ 4243. Petition for forfeiture

(a) The state shall file a petition for forfeiture of any property seized under section 4242 of this title promptly, but not more than 14 days from the date the preliminary order or process is issued. The petition shall be filed in the superior court of the county in which the property is located or in any court with jurisdiction over a criminal proceeding related to the property.

(b) A copy of the petition shall be sent by certified mail to all persons named in the petition. In addition, the state shall cause notice of the petition to be published in a newspaper of general circulation in the state, as ordered by the court. The petition shall state:

(1) the facts upon which the forfeiture is requested, including a description of the property subject to forfeiture, and the type and quantity of regulated drug involved;

(2) the names of the apparent owner or owners, lienholders who have properly recorded their interests, and any other person appearing to have an interest; and, in the case of a conveyance, the name of the person holding title, the registered owner, and the make, model, and year of the conveyance. (Added 1985, No. 174 (Adj. Sess.), § 2.)

§ 4244. Forfeiture hearing

(a) The court shall hold a hearing on the petition no less than 14 nor more than 30 days after notice. For good cause shown, or on the court's own motion, the court may stay the forfeiture proceedings pending resolution of related criminal proceedings. If a person named in the petition is a defendant in a related criminal proceeding and the proceeding is dismissed or results in a judgment of acquittal, the petition shall be dismissed as to the defendant's interest in the property.

(b) A lienholder who has received notice of a forfeiture proceeding may intervene as a party. If the court finds that the lienholder has a valid, good faith interest in the subject property which is not held through a straw purchase, trust or otherwise for the actual benefit of another and that the lienholder did not at any time have knowledge or reason to believe that the property was being or would be used in violation of the law, the court upon forfeiture shall order compensation to the lienholder to the extent of the lienholder's interest.

(c) The proceeding shall be against the property and shall be deemed civil in nature. The state shall have the burden of proving all material facts by clear and convincing evidence.

(d) The court shall make findings of fact and conclusions of law and shall issue a final order. If the petition is granted, the court shall order the property held for evidentiary purposes, delivered to the state treasurer, or, in the case of regulated drugs or property which is harmful to the public, destroyed. (Added 1985, No. 174 (Adj. Sess.), § 2.)

§ 4245. Remission or mitigation of forfeiture

(a) On petition filed within 90 days of completion of a forfeiture proceeding, the claims commission established in 32 V.S.A. § 931 may order that the forfeiture be remitted or mitigated. The petition shall be sworn, and shall include all information necessary for its resolution or shall describe where such information can be obtained. Upon receiving a petition, the claims commission shall investigate and may conduct a hearing if in its judgment it would be helpful to resolution of the petition. The claims commission shall either grant or deny the petition within 90 days.

(b) The claims commission may remit or mitigate a forfeiture upon finding that relief should be granted to avoid extreme hardship or upon finding that the petitioner has a valid, good faith interest in the property which is not held through a straw purchase, trust or otherwise for the benefit of another and that the petitioner did not at any time have knowledge or reason to believe that the property was being or would be used in violation of the law. (Added 1985, No. 174 (Adj. Sess.), § 2.)

§ 4246. Maintenance

Law enforcement agencies seizing property under this subchapter shall ensure that the property is properly maintained. Equipment and conveyances seized shall be removed to an appropriate place for storage. Any monies, negotiable instruments, or securities seized shall if practicable be deposited in an interest-bearing account pending final disposition by the court unless the seizing agency determines the properties to be of an evidentiary nature and provides for their security in another manner. Any such deposit in an interest-bearing account shall only be accomplished pursuant to a court order directing the same, and the court shall have jurisdiction to enter such order or any other order directing interim disposition of the properties pending final disposition by the court. (Added 1985, No. 174 (Adj. Sess.), § 2.)

§ 4247. Disposition of property

Whenever property is forfeited and delivered to the state treasurer under this subchapter, the state treasurer shall no sooner than 90 days of the date the property is delivered, sell the property at a public sale held under 27 V.S.A. chapter 13. (Added 1985, No. 174 (Adj. Sess.), § 2.)

§ 4248. Records

(a) Law enforcement departments and agencies, and other state departments and agencies which have custody of any property subject to forfeiture under this subchapter, or which dispose of such property, shall keep and maintain full and complete records including the following:

(1) from whom the property was received;

(2) description of the property, including the exact kinds, quantities, and forms of the property;

(3) value of the property;

(4) if the property is deposited in an interest-bearing account, the location of the account and the amount of interest;

(5) under what authority the property was held or received or disposed;

(6) to whom the property was delivered;

(7) the date and manner of destruction or disposition of the property.

(b) Those records shall be submitted to the state treasurer and shall be open to inspection by all federal and state departments and agencies charged with enforcement of federal and state drug control laws. Persons making final disposition or destruction of the property under court order shall report, under oath, to the court the exact circumstances of that disposition or destruction and a copy of that report shall be sent to the state treasurer. (Added 1985, No. 174 (Adj. Sess.), § 2.)

§ 4249. Transportation of alcohol, tobacco, or regulated drugs into places of detention

(a) No person shall knowingly carry or introduce or cause to be carried or introduced into a lockup, jail, prison, or correctional facility:

(1) alcohol, malt or vinous beverages, or spirituous liquor;

(2) marijuana;

(3) a regulated drug, other than marijuana, as defined in section 4201 of this title, except upon the prescription or direction of a practitioner as that term is defined in 26 V.S.A. chapter 36; or

(4) tobacco or tobacco products, except that an employee may possess or store tobacco or tobacco products in a locked automobile parked on the correctional facility grounds, store tobacco or tobacco products in a secure place within the correctional facility which is designated for storage of employee tobacco, and possess tobacco or tobacco products in a designated smoking area.

(b) A person who violates subdivision (a)(1) of this section shall be imprisoned not more than three months or fined not more than $300.00, or both.

(c) A person who violates subdivision (a)(2) of this section shall be imprisoned not more than six months or fined not more than $500.00, or both.

(d) A person who violates subdivision (a)(3) of this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(e) A person who violates subdivision (a)(4) of this section shall be subject to a civil penalty of not more than $450.00 for the first offense and $900.00 for any subsequent offense. An action under this subsection shall be brought in the same manner as for a traffic violation pursuant to 23 V.S.A. chapter 24.

(f) As used in this section, "correctional facility" means any secure or staff-secure building, enclosure, space, or structure of or supported by the department and used for the confinement of persons committed to the custody of the commissioner of corrections, or for any other matter related to such confinement. (Added 2003, No. 54, § 9; amended 2007, No. 64, § 2.)

§ 4250. Selling or dispensing a regulated drug with death resulting

(a) If the death of a person results from the selling or dispensing of a regulated drug to the person in violation of this chapter, the person convicted of the violation shall be imprisoned not less than two years nor more than 20 years.

(b) This section shall apply only if the person's use of the regulated drug is the proximate cause of his or her death. (Added 2003, No. 54, § 10.)

§ 4251. Expired.

§ 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. (Added 2007, No. 187 (Adj. Sess.), § 3.)

§ 4253. Use of a firearm while selling or dispensing a drug

(a) A person who uses a firearm during and in relation to selling or dispensing a regulated drug in violation of subdivision 4230(b)(3), 4231(b)(3), 4232(b)(3), 4233(b)(3), 4234(b)(3), 4234a(b)(3), 4235(c)(3), or 4235a(b)(3) of this title shall be imprisoned not more than three years or fined not more than $5,000.00, or both, in addition to the penalty for the underlying crime.

(b) A person who uses a firearm during and in relation to trafficking a regulated drug in violation of subsection 4230(c), 4231(c), 4233(c), or 4234a(c) of this title shall be imprisoned not more than five years or fined not more than $10,000.00, or both, in addition to the penalty for the underlying crime.

(c) For purposes of this section, "use of a firearm" shall include the exchange of firearms for drugs, and this section shall apply to the person who trades a firearm for a drug and the person who trades a drug for a firearm. (Added 2011, No. 121 (Adj. Sess.), § 5.)

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