Vermont Cocaine Laws

Vermont drug laws are straightforward. Unlike some states which mirror the federal Controlled Substances Act, Vermont has its own Regulated Substances statute. Each regulated drug has separate criminal penalties for possession, sale, or manufacture.

Vermont law classifies cocaine as a narcotic drug. Narcotics are painkillers made from opium, such as morphine and heroin. There are also synthetic variants like fentanyl. Narcotics has become a catch-all term for illegal drugs.

Like many states, Vermont criminalizes knowledgeable drug possession. Accidental or unknowing possession is not a criminal offense. It is not a drug crime to pick up another person's jacket that has cocaine in the pocket you're unaware of.

Vermont followed the legalization trend for marijuana in 2022. Adults over 21 may possess a small amount of marijuana or cannabis for personal use. No other drug is legal without a prescription in Vermont, including cocaine.

Vermont Cocaine Laws

Cocaine remains illegal under Vermont law. Charges will vary by amount and aggravating factors.

Vermont Cocaine Possession Penalties

There is no personal use amount allowed for cocaine or crack cocaine possession. Cocaine drug offenses do not contain lesser charges for first offenses. Penalties for possession are based on the amount found:

• Possession of less than 2.5 grams (misdemeanor): up to one year in prison and a fine of up to $2000
• Possession of over 2.5 grams (felony): up to five years imprisonment and a fine of up to $100,000
• Possession of more than 1 ounce (28 grams) (felony): up to 10 years imprisonment and a fine of up to $250,000

Vermont Cocaine Selling and Distributing Penalties

Under Vermont state law, it is possible to get a prison sentence for giving someone free cocaine. It's a felony to dispense cocaine, even as a gift. The penalty for dispensing cocaine for free is up to three years in prison and a fine of up to $75,000 fine.

Selling cocaine and being aware of what you're doing is a felony. If the amount involved is under 2.5 grams, the penalty is up to five years in prison and a fine of up to $100,000.

Selling or dispensing 2.5 grams or more of cocaine is also a felony. The penalty is up to 10 years imprisonment and a fine of up to $250,000.

Dispensing or selling more than one ounce (28 grams) carries heavier penalties. Offenders face up to 20 years imprisonment and a fine of up to $1 million.

Trafficking

Law enforcement takes a hard stance on drug trafficking, which is often considered transporting drugs across state or international lines. Vermont's proximity to the Canadian border makes trafficking a serious concern in the Green Mountain State.

Trafficking in cocaine carries a prison term of up to 30 years, a fine of up to $1 million, or both. Courts may presume that anyone possessing more than 150 grams of cocaine intends to sell or dispense it. A combined amount of 400 grams between two or more defendants will sustain a conspiracy charge.

Second and Subsequent Offenses

Subsequent offenses receive double penalties in all categories.

Vermont Treatment Court

Vermont, like most states, recognizes that substance use and mental illnesses are a serious public health concern. Most drug users need more than incarceration to change their patterns of drug abuse and criminal behavior.

Vermont's Adult Treatment Courts are available to all high-risk offenders with substance abuse disorders. Qualifying offenders must participate in drug testing, inpatient and outpatient treatment programs, and vocational training if necessary for employment. The offender may have the charges reduced or dismissed if they complete the program.

Sealing or Expunging a Criminal Record

A felony drug conviction can follow you for the rest of your life. Vermont allows some offenders to clear their records. The process of expungement removes the record of your conviction from the system.

Not all crimes are eligible for expungement. In Vermont, you have a better chance of expungement if you committed your crime before you were 25. If you broke the law after you were 25, there are only 14 felonies you can take off your record. Simple possession of cocaine is one of these offenses.

Getting your record expunged is very complicated. You can do it without a criminal defense lawyer, but it is easier if you have legal assistance.

Get Legal Advice From a Vermont Criminal Law Attorney

Whether this is your first time or you're a repeat offender, an arrest for drug use is a frightening experience. If you want the best outcome possible, speak with an experienced Vermont drug law attorney. A criminal defense attorney will examine your case and explain your options. Having a legal advocate can get you the best outcome possible.