§ 4233 - Heroin - Vermont Statutes

§ 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 ten 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 ten 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.)