All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Vermont classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the illegal manufacture and sale of CDS only. Illegally possessing CDS for personal use carries different penalties. For more information on possession of CDS for personal use, see Possession of Controlled Substances in Vermont.
Also, while marijuana is considered a CDS, this article does not cover Vermont’s marijuana possession and sale laws. To learn more about that topic, see Vermont Marijuana Laws.
How Vermont Classifies CDS
Vermont has adopted the federal CDS classification scheme under the federal Controlled Substances Act, which divides CDS into five “Schedules”. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.
If you’ve been arrested for illegal CDS production or sales, you’ll need to consult the federal code that lists precisely which drugs fit into each group. Go to the statute (21 U.S.C. Ann. § 812) and find the substance you're charged with selling -- it will be listed under one of the five schedules.
Penalties for Making or Selling CDS
It is illegal in Vermont to make or sell CDS (or possess CDS with the intent do these things). Penalties vary according to the type of CDS involved, and whether the offense was a first or subsequent violation. (84 Vt. Stat. Ann. § 4205.)
Cocaine
Penalties vary according the amount of cocaine made or sold. Fines range from up to $75,000 (for selling less than 2.5 grams) to $1,000,000 (for selling one ounce or more); prison terms range from up to five years to up to 20 years. (84 Vt. Stat. Ann. § 4231.)
Lysergic acid diethylamide (LSD)
Penalties vary according the amount of LSD made or sold. Fines range from up to $25,000 (for selling less than 100 milligrams) to $500,000 (for selling one gram or more); prison terms range from up to three years to up to 20 years. (84 Vt. Stat. Ann. § 4232.)
Heroin
Penalties vary according the amount of heroin made or sold. Fines range from up to $75,000 (for selling less than 200 milligrams) to $1,000,000 (for selling one gram or more); prison terms range from up to three years to up to 20 years. (84 Vt. Stat. Ann. § 4233.)
Depressant, stimulant, and narcotic CDS
Penalties for making or selling CDS classified as a depressant, stimulant, or narcotic under the federal schedules, vary according the amount made or sold. Because numerous CDS fall into these categories, penalties are based on the amount above a “benchmark dosage” specified for each CDS.
Fines range from up to $75,000 (for selling less than 100 times the benchmark dosage) to $500,000 (for selling 1,000 times the benchmark dosage); prison terms range from up to three years to up to 20 years. (84 Vt. Stat. Ann. § 4234.)
Methamphetamine
Penalties vary according the amount of methamphetamine made or sold. Fines range from up to $75,000 (for selling less than 2.5 grams) to $1,000,000 (for selling 25 grams or more); prison terms range from up to three years to up to 20 years. (84 Vt. Stat. Ann. § 4234a.)
Hallucinogenic CDS (excluding LSD)
Penalties vary according the amount of hallucinogenic CDS made or sold. Fines range from up to $25,000 (for selling fewer than ten doses) to $500,000 (for selling 100 doses or more); prison terms range from up to five years to up to 15 years. (84 Vt. Stat. Ann. § 4235.)
Ecstasy
Penalties vary according the amount of ecstasy made or sold. Fines range from up to $25,000 (for selling fewer than two grams) to $500,000 (for selling 20 grams or more); prison terms range from up to five years to up to 20 years. (84 Vt. Stat. Ann. § 4235a.)
All other CDS
Making or selling all other CDS incurs a fine of up to $5,000, up to one year in prison, or both. However, selling CDS to someone younger than 21 years old incurs a fine of up to $10,000, up to two years in prison, or both. (84 Vt. Stat. Ann. § 4228(f).)
Second and Subsequent Convictions
Penalties for second and subsequent convictions include up to double the fines and prison terms otherwise applicable to the underlying offense. (84 Vt. Stat. Ann. § 4238.)
Talk to an Attorney
CDS manufacture or sale convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.
