The bill H.435, introduced by Representative Durfee, aims to establish new penalties for maintaining a common nuisance related to the use, keeping, or selling of regulated drugs. It amends 18 V.S.A. § 4222 to define unlawful conduct as any property used for these purposes and introduces several enforcement mechanisms. These include a civil penalty of up to $50 per day for violations, a private right of action for individuals harmed by such violations, and civil enforcement actions that can be initiated by the Attorney General, State's Attorney, or local municipalities. The bill also grants courts the authority to issue temporary or permanent injunctions to prevent ongoing violations.

Additionally, the bill amends 4 V.S.A. § 1102 to give the Judicial Bureau jurisdiction over violations of the new common nuisance provisions. It also modifies 18 V.S.A. § 4252 regarding the knowingly permitting the sale of regulated drugs in a dwelling, adding a new provision that requires courts to impose specific conditions of release to protect the public when a defendant is charged under this section. The act is set to take effect upon passage.

Statutes affected:
As Introduced: 18-4222, 4-1102, 18-4252