§ 4230 - Marijuana - Vermont Statutes

§ 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 section 7041 of Title 13 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 ten 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 ten 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.)