Vermont § 4233a - Fentanyl

§ 4233a. Fentanyl

• (a) Selling or dispensing. (1) A person knowingly and unlawfully dispensing fentanyl shall be imprisoned not more
  than three years or fined not more than $75,000.00, or both. A person knowingly and
  unlawfully selling fentanyl shall be imprisoned not more than five years or fined
  not more than $100,000.00, or both. (2) A person knowingly and unlawfully selling or dispensing fentanyl in an amount consisting
  of four milligrams or more of one or more preparations, compounds, mixtures, or substances
  containing fentanyl shall be imprisoned not more than 10 years or fined not more than
  $250,000.00, or both. (3) A person knowingly and unlawfully selling or dispensing fentanyl in an amount consisting
  of 20 milligrams or more of one or more preparations, compounds, mixtures, or substances
  containing fentanyl shall be imprisoned not more than 20 years or fined not more than
  $1,000,000.00, or both. (4) In lieu of a charge under this subsection, but in addition to any other penalties
  provided by law, a person knowingly and unlawfully selling or dispensing any regulated
  drug containing a detectable amount of fentanyl shall be imprisoned not more than
  five years or fined not more than $250,000.00, or both. (b) Trafficking. A person knowingly and unlawfully possessing fentanyl in an amount consisting
  of 70 milligrams or more of one or more preparations, compounds, mixtures, or substances
  containing fentanyl with the intent to sell or dispense the fentanyl 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 fentanyl in an amount of 70
  milligrams or more of one or more preparations, compounds, mixtures, or substances
  containing fentanyl intends to sell or dispense the fentanyl. The amount of possessed
  fentanyl under this subsection to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be not less than 70 milligrams in the aggregate. (c) Transportation into the State. In addition to any other penalties provided by law,
  a person knowingly and unlawfully transporting more than 20 milligrams of fentanyl
  into Vermont with the intent to sell or dispense the fentanyl shall be imprisoned
  not more than 10 years or fined not more than $100,000.00, or both. (d) As used in this section, “knowingly” means: (1) the defendant had actual knowledge that one or more preparations, compounds, mixtures,
  or substances contained the regulated drug identified in the applicable section of
  this chapter; or (2) the defendant: (A) was aware that there is a high probability that one or more preparations, compounds,
  mixtures, or substances contained the regulated drug identified in the applicable
  section of this chapter; and (B) took deliberate actions to avoid learning that one or more preparations, compounds,
  mixtures, or substances contained the regulated drug identified in the applicable
  section of this chapter. (Added 2017, No. 62, § 4; amended 2023, No. 125 (Adj. Sess.), § 14, eff. July 1, 2024.)