All states regulate the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for illegal possession. 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 possession of CDS for personal use only. Illegally making or selling CDS carries different penalties. For more information on illegal CDS manufacture and sale, see Sale 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 possession, 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 possessing -- it will be listed under one of the five schedules.
Penalties for Possessing CDS
It is illegal in Vermont to possess CDS without a valid medical prescription. Penalties vary according to the type and amount of CDS involved in the violation, and whether the offense was a first or subsequent violation.
Cocaine
Penalties vary according the amount of cocaine possessed. Fines range from up to $2,000 (for possessing less than 2.5 grams) to $250,000 (for one ounce or more); jail or prison terms range from up to one year in jail, to up to ten years in prison. (84 Vt. Stat. Ann. § 4231.)
Lysergic acid diethylamide (LSD)
Penalties vary according the amount of LSD possessed. Fines range from up to $2,000 (for possessing less than 100 milligrams) to $500,000 (for ten grams or more); jail or prison terms range from up to one year in jail, to up to 20 years in prison. (84 Vt. Stat. Ann. § 4232.)
Heroin
Penalties vary according the amount of heroin possessed. Fines range from up to $2,000 (for possessing less than 200 milligrams) to $1,000,000 (for two grams or more); jail or prison terms range from up to one year in jail, to up to 20 years in prison. (84 Vt. Stat. Ann. § 4233.)
Depressant, stimulant, and narcotic CDS
Penalties for possessing a CDS classified as a depressant, stimulant, or narcotic under the federal schedules vary according the amount possessed. 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 $2,000 (for possessing less than 100 times the benchmark dosage) to $500,000 (for 10,000 times the benchmark dosage); jail or prison terms range from up to one year in jail, to up to 20 years in prison. (84 Vt. Stat. Ann. § 4234.)
Methamphetamine
Penalties vary according the amount of methamphetamine possessed. Fines range from up to $2,000 (for possessing less than 2.5 grams) to $250,000 (for 25 grams or more); jail or prison terms range from up to one year in jail, to up to ten years in prison. (84 Vt. Stat. Ann. § 4234a.)
Ephedrine and pseudoephedrine
Penalties vary according the amount of CDS possessed. Fines range from up to $2,000 (for possessing less than nine grams) to $100,000 (for nine grams or more); jail or prison terms range from up to one year in jail, to up to five years in prison. (84 Vt. Stat. Ann. § 4234b.)
Hallucinogenic CDS (excluding LSD)
Penalties vary according the amount of hallucinogenic CDS possessed. Fines range from up to $2,000 (for possessing fewer than ten doses) to $500,000 (for 1,000 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 possessed. Fines range from up to $2,000 (for selling fewer than two grams) to $500,000 (for selling seven ounces or more); jail or prison terms range from up to one year in jail, to up to 20 years in prison. (84 Vt. Stat. Ann. § 4235a.)
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 possession 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.
