Vermont § 4230 - Cannabis

§ 4230. Cannabis

• (a) Possession and cultivation. (1) No person shall knowingly and unlawfully possess more than one ounce of cannabis or
  more than five grams of hashish or cultivate more than two mature cannabis plants
  or four immature cannabis plants. A person who violates this subdivision shall be
  assessed a civil penalty as follows: (A) not more than $100.00 for a first offense; (B) not more than $200.00 for a second offense; and (C) not more than $500.00 for a third or subsequent offense. (2)(A) No person shall knowingly and unlawfully possess two ounces or more of cannabis or
  ten grams or more of hashish or more than three mature cannabis plants or six immature
  cannabis plants. For a first offense under this subdivision (2), a person shall be
  provided the opportunity to participate in the Court Diversion Program unless the
  prosecutor states on the record why a referral to the Court Diversion Program would
  not serve the ends of justice. A person convicted of a first offense under this subdivision
  shall be imprisoned not more than six months or fined not more than $500.00, or both. (B) A person convicted of a second or subsequent offense of violating subdivision (A)
  of this subdivision (2) shall be imprisoned not more than two years or fined not more
  than $2,000.00, or both. (C) Upon an adjudication of guilt for a first or second offense under this subdivision,
  the court may defer sentencing as provided in 13 V.S.A. § 7041, except that the court may in its discretion defer sentence without the filing of
  a presentence investigation report and except that sentence may be imposed at any
  time within two years from and after the date of entry of deferment. The court may,
  prior to sentencing, order that the defendant submit to a drug assessment screening,
  which may be considered at sentencing in the same manner as a presentence report. (3) A person knowingly and unlawfully possessing eight ounces of cannabis or 1.4 ounces
  of hashish or knowingly and unlawfully cultivating more than four mature cannabis
  plants or eight immature cannabis plants shall be imprisoned not more than three years
  or fined not more than $10,000.00, or both. (4) A person knowingly and unlawfully possessing more than one pound of cannabis or more
  than 2.8 ounces of hashish or knowingly and unlawfully cultivating more than six mature
  cannabis plants or 12 immature cannabis plants shall be imprisoned not more than five
  years or fined not more than $10,000.00, or both. (5) A person knowingly and unlawfully possessing more than 10 pounds of cannabis or more
  than one pound of hashish or knowingly and unlawfully cultivating more than 12 mature
  cannabis plants or 24 immature cannabis plants shall be imprisoned not more than 15
  years or fined not more than $500,000.00, or both. (6) If a court fails to provide the defendant with notice of collateral consequences in
  accordance with 13 V.S.A. § 8005(b) and the defendant later at any time shows that the plea and conviction for a violation
  of this subsection may have or has had a negative consequence, the court, upon the
  defendant’s motion, shall vacate the judgment and permit the defendant to withdraw
  the plea or admission and enter a plea of not guilty. Failure of the court to advise
  the defendant of a particular collateral consequence shall not support a motion to
  vacate. (7) The amounts of cannabis in this subsection shall not include cannabis cultivated,
  harvested, and stored in accordance with section 4230e of this title. (b) Selling or dispensing. (1) A person knowingly and unlawfully selling cannabis or hashish shall be imprisoned
  not more than two years or fined not more than $10,000.00, or both. (2) A person knowingly and unlawfully selling or dispensing more than one ounce of cannabis
  or five grams or more of hashish shall be imprisoned not more than five years or fined
  not more than $100,000.00, or both. (3) A person knowingly and unlawfully selling or dispensing one pound or more of cannabis
  or 2.8 ounces or more of hashish shall be imprisoned not more than 15 years or fined
  not more than $500,000.00, or both. (4) A person 21 years of age or older may dispense one ounce or less of cannabis or five
  grams or less of hashish to another person who is 21 years of age or older, provided
  that the dispensing is not advertised or promoted to the public. (c) Trafficking. A person knowingly and unlawfully possessing 50 pounds or more of cannabis or five
  pounds or more of hashish with the intent to sell or dispense the cannabis or hashish
  shall be imprisoned not more than 30 years or fined not more than $1,000,000.00, or
  both. There shall be a permissive inference that a person who possesses 50 pounds
  or more of cannabis or five pounds or more of hashish intends to sell or dispense
  the cannabis or hashish. (d) Cannabis-infused products. Only the portion of a cannabis-infused product that is attributable to cannabis shall
  count toward the possession limits of this section. The weight of cannabis that is
  attributable to cannabis-infused products shall be determined according to methods
  set forth in rule by the Cannabis Control Board. (Added 1989, No. 100, § 1; amended 2001, No. 52, § 3; 2003, No. 54, § 4; 2013, No. 75, §§ 22d, 22e, eff. July 2, 2013; 2013, No. 76, § 1; 2015, No. 133 (Adj. Sess.), § 7, eff. May 25, 2016; 2017, No. 74, § 27; 2017, No. 86 (Adj. Sess.), § 3; 2019, No. 164 (Adj. Sess.), § 31, eff. Oct. 7, 2020; 2019, No. 167 (Adj. Sess.), § 32, eff. Jan. 1, 2021; 2021, No. 20, § 72; 2023, No. 166 (Adj. Sess.), § 11, eff. June 10, 2024.)