While some of the state of Vermont’s marijuana laws can be considered strict, Vermont also has a very lenient option for first-time offenders. This clause is called ‘conditional release,’ and it offers individuals who are being tried for their first prosecution the option to accept probation in lieu of a more severe penalty. In addition, a person who is granted conditional release will not have the incident of marijuana possession on criminal record. In order to secure this option, defendants can work with a marijuana attorney or marijuana lawyer who will be familiar with Vermont state marijuana law. Because Vermont does not have mandatory minimum sentencing, a marijuana lawyer may be able to provide reduced sentences for many defendants on a variety of charges.
The state of Vermont is estimated to have a yearly marijuana crop weighing about 14,000 lbs. The Drug Enforcement Agency estimates this crop to be valued between $73 million and $118 million dollars at retail market value. In 2002, just over 700 individuals were arrested for the possession of marijuana, while 72 individuals were arrested for the sale of marijuana. The total number of 776 marijuana-related arrests account for 4.37% of the total arrests in the state during that year.
Medical Marijuana Users
On July 1, 2004, Governor James Douglas passed Senate Bill 76, which named marijuana a legal drug for possession and cultivation by a patient. Patients with illnesses such as HIV, AIDS, Multiple Sclerosis, and cancer all qualify for the legal right to use and possess marijuana. However, patients are required to keep state-run identification cards.
Non-Medical Users:
Senate Bill 76 allows marijuana to be used in a medical capacity by registered patients with identification cards. However, any individual who does not possess such identification and is not a patient of the diseases that grant medical use will be considered a recreational marijuana user. Recreational (non-medical) users will be charged in the following levels for marijuana possession, sale, and cultivation.
Penalties for Marijuana in Vermont:
Possession or Use:
|
Possession of no more than 2 oz as a first offense |
Misdemeanor |
Penalties include incarceration for a period of up to 6 months with a fine of $500 |
|
Possession of no more than 2 oz as a repeat offense |
Felony |
Penalties include incarceration for a period of up to 2 years with a fine of $2,000 |
|
Possession of between 2 oz and 1 lb |
Felony |
Penalties include incarceration for a period of up to 3 years with a fine of $10,000 |
|
Possession of between 1 lb and 10 lbs |
Felony |
Penalties include incarceration for a period of up to 5 years with a fine of $100,000 |
|
Possession of greater than 10 lbs |
Felony |
Penalties include incarceration for a period of up to 15 years with a fine of $500,000 |
Growing Marijuana:
|
Cultivation of between 3 to 10 plants |
Felony |
Penalties include incarceration for a period of up to 3 years with a fine of $10,000 |
|
Cultivation of between 11 and 25 plants |
Felony |
Penalties include incarceration for a period of up to 5 years with a fee of $100,000 |
|
Cultivation of greater than 25 plants |
Felony |
Penalties include incarceration for a period of up to 15 years with a fee of $500,000 |
Selling Marijuana:
|
Sale of no more than ½ oz |
Felony |
Penalties include incarceration for a period of up to 2 years with a fine of $10,000 |
|
Sale of between ½ oz to 1 lb |
Felony |
Penalties include incarceration for a period of up to 5 years with a fee of $100,000 |
|
Sale of greater than 1 lb |
Felony |
Penalties include incarceration for a period of up to 15 years with a fee of $500,000 |
|
Delivery to a minor who is at least 3 years younger than the seller, who is over age 18 |
Felony |
Penalties include incarceration for a period of up to 5 years with a fine of $25,000 |
|
Sale to a minor while on school property (including school bus) |
Felony |
Standard penalty applies (determined by the amount of marijuana found); however the incarceration period will be extended by 10 years |
Miscellaneous:
|
Sale of paraphernalia |
Misdemeanor |
Penalties include incarceration for a period of up to 1 year with a fine of $1,000 |
Penalties for Driving Under the Influence of Marijuana
Vermont does not have a Driving Under the Influence of Drugs (DUID) law. Any individual found operating a motor vehicle under the influence of drugs such as marijuana will be subject to already standing ‘driving under the influence’ laws, similar to that of alcohol use, and if marijuana is found on their body or in the vehicle, that person may be charged for possession as well.
Legal Help with a Marijuana Offense
The state of Vermont does not subscribe to mandatory minimum sentence laws for marijuana offenses, and first-time offenders may often be offered deferred sentencing. For these reasons, individuals involved in a marijuana-related offense are urged to work with a marijuana lawyer or marijuana attorney, who will be familiar with current trends in marijuana law within the state of Vermont. Seeking the aid and counsel of a marijuana attorney often results in less severe sentencing for first-time offenders and multiple-offenders alike.
