Like other states, the opioid epidemic hit Vermont hard. Both legal opioids like morphine and illegal drugs like heroin have been the cause of thousands of overdose deaths across America. Although fentanyl is a Schedule II drug, it is as dangerous as heroin.
Vermont laws provide strict criminal penalties for the possession, manufacture, and sale of heroin in any amount. At the same time, Vermont laws also recognize that substance abuse often appears with mental health issues, and offenders need help with both problems. Current laws attempt to address drug abuse while protecting citizens of the state of Vermont from drug traffickers.
Laws for Heroin, Opiates, and Opioids in Vermont
Vermont state laws differ from federal controlled substance laws in that Vermont has separate statutes for each dangerous drug. Heroin, cocaine, fentanyl, and LSD have their own laws and penalties. Vermont laws require all offenders to be aware of the unlawful drug crimes they're committing. There are no penalties for lawful transactions, if possible.
Possession of Heroin, Opiates, and Opioids
There is no lawful amount of heroin one can possess in Vermont. Possession of less than 200 milligrams of heroin is a misdemeanor, with a penalty of up to a year in prison and a $2000 fine. Possession of between 200 mg to 1 gram is a felony. Penalties include up to five years in prison and a fine of up to $100,000.
Possession of between 1 to 2 grams is punishable by up to 10 years in prison and a fine of up to $250,000. Possessing over two grams is a felony punishable by up to 20 years in prison and fines of up to $1 million.
Selling or Dispensing of Heroin, Opiates, and Opioids in Vermont
In Vermont, selling is a transaction for money or profit. It is possible to give away heroin and still get a criminal charge. Dispensing or giving away heroin is a felony with a penalty of up to three years in prison and a fine of up to $75,000.
Selling less than 200 milligrams is a felony with a penalty of up to five years in prison and a fine of up to $100,000. Selling or dispensing between 200 milligrams to one gram is a felony with a penalty of up to 10 years in prison, a fine of up to $250,000, or both.
Selling or dispensing more than one gram of heroin is a felony with a penalty of up to 20 years in prison and a fine of up to $1 million. This includes mixtures and compounds.
Trafficking of Heroin, Opioids, and Opiates in Vermont
Trafficking is often charged for the transport of large amounts of a narcotic with the intent to sell or distribute. Law enforcement can assume anyone with more than 3.5 grams of heroin intends to sell or distribute it. Possession of this amount is a felony with a penalty of up to 30 years in prison and a fine of up to $1 million.
Transporting more than one gram into the state of Vermont with intent to sell or distribute is a felony with a penalty of 10 years and a fine of $100,000. Crossing state lines may also incur federal charges.
Additional Heroin, Opioids, and Opiates Crimes and Charges
Sale to a minor (anyone under 18 years of age) is punishable by up to 10 years in prison. This charge includes any controlled substance, including cannabis.
Dispensing any regulated drug to a minor at least three years younger than the person giving the drug is a charge in and of itself. The crime is punishable by up to five years in prison. Selling or dispensing on or near school property is punishable by up to 10 years in prison.
Vermont Harm Reduction and Prevention Programs
Vermont’s courts recognize that substance abuse often goes hand-in-hand with other problems like mental health issues. The state has created drug treatment courts to refer qualified defendants for substance use treatment and mental health care.
Opioid overdoses are the deadly result of heroin, fentanyl, and oxycodone abuse. Often these stem from the misuse of prescription drugs. They're reversible in the field by administration of Narcan or naloxone. This can buy the victim time to reach a hospital.
Vermont, like many other states, passed a law making prescribing and distributing naloxone for the prevention of overdoses legal. The law also prevents prosecution of anyone who administers naloxone if they believe the victim is experiencing an overdose.
Heroin, Opiate, or Opioid Issues in Vermont? Get Legal Advice From a Vermont Drug Law Attorney
Vermont’s drug laws carry serious penalties. If you’ve been arrested for drug possession of heroin or an opiate, you're going to need legal advice. An experienced Vermont criminal lawyer can examine your case, explain your options, and help you achieve the best outcome possible with your drug use case.