Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                          H.399
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                                       H.399
 Introduced by Representatives Peterson of Clarendon and Branagan of
                 Georgia
 Referred to Committee on
 Date:
 Subject: Health; regulated drugs; crimes
 Statement of purpose of bill as introduced: This bill proposes to increase the
 criminal penalties for dispensing cannabis to a person under 21 years of age
 and to increase the criminal penalties for possession, dispensing, and sale of
 cocaine, LSD, heroin, and fentanyl.
    An act relating to increasing the penalties for sales of illegal drugs and sales
    of cannabis to persons under 21 years of age
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 18 V.S.A. § 4230f is amended to read:
 § 4230f. DISPENSING CANNABIS TO A PERSON UNDER 21 YEARS OF
            AGE; CRIMINAL OFFENSE
    (a) No person shall:
         (1) dispense cannabis to a person under 21 years of age; or
         (2) knowingly enable the consumption of cannabis by a person under 21
 years of age.
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    (b) As used in this section, “enable the consumption of cannabis” means
 creating a direct and immediate opportunity for a person to consume cannabis.
    (c) Except as provided in subsection (d) of this section, a person who
 violates subsection (a) of this section shall be imprisoned not more less than
 two five years or and fined not more less than $2,000.00, or both $10,000. A
 person convicted of a second or subsequent offense of violating subsection (a)
 of this section shall be imprisoned not less than 10 years and fined not less than
 $20,000.00. A person convicted of a third offense of violating subsection (a)
 of this section shall be imprisoned not less than 20 years and fined not less than
 $40,000.00.
    (d) A person who violates subsection (a) of this section, where the person
 to whom cannabis was dispensed is under 21 years of age, and while operating
 a motor vehicle on a public highway causes death or serious bodily injury to
 himself or herself or to another person as a result of the violation, shall be
 imprisoned not more less than five 20 years or and fined not more less than
 $10,000.00, or both $100,000.00. A person convicted of a second or
 subsequent offense shall be imprisoned for life.
    (e)(1) Subsections (a)-(d) of this section shall not apply to a person under 21
 years of age who dispenses cannabis to a person under 21 years of age or who
 knowingly enables the consumption of cannabis by a person under 21 years of
 age. [Repealed.]
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       (2) A person who is 18, 19, or 20 years of age who knowingly dispenses
 cannabis to a person who is 18, 19, or 20 years of age commits a civil violation
 and shall be referred to the Court Diversion Program for the purpose of
 enrollment in the Youth Substance Awareness Safety Program in accordance
 with the provisions of section 4230b of this title and shall be subject to the
 penalties in that section for failure to complete the program successfully.
 [Repealed.]
       (3) A person 18, 19, or 20 years of age who knowingly dispenses to a
 person under 18 years of age who is at least three years that person’s junior
 shall be sentenced to a term of imprisonment of not more than five years in
 accordance with section 4237 of this title. [Repealed.]
       (4) A person who is 19 years of age who knowingly dispenses to a
 person 17 years of age or a person who is 18 years of age who knowingly
 dispenses cannabis to a person who is 16 or 17 years of age commits a
 misdemeanor crime and shall be fined not more than $500.00. [Repealed.]
       (5)(f) A person who is under 18 years of age who knowingly dispenses
 cannabis to another person who is under 18 years of age commits a delinquent
 act and shall be subject to 33 V.S.A. chapter 52.
    (f)(g) This section shall not apply to a dispensary that lawfully provides
 cannabis to a registered patient or caregiver or to a registered caregiver who
 provides cannabis to a registered patient pursuant to chapter 86 of this title.
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    (g)(h) The provisions of this section do not limit or restrict the prosecution
 for other offenses arising out of the same conduct, nor shall they limit or
 restrict defenses under common law.
 Sec. 2. 18 V.S.A. § 4231 is amended to read:
 § 4231. COCAINE
    (a) Possession.
       (1) A person knowingly and unlawfully possessing cocaine in any
 amount shall be imprisoned not more less than one year or five years and fined
 not more than $2,000.00, or both. A person convicted of a second or
 subsequent offense shall be imprisoned not less than 15 years and fined not
 more than $6,000.00. A person convicted of a third offense shall be
 imprisoned not less than 20 years and fined not more than $100,000.00.
       (2) A person knowingly and unlawfully possessing cocaine in an
 amount consisting of 2.5 grams or more any amount of one or more
 preparations, compounds, mixtures, or substances containing cocaine shall be
 imprisoned not more than five years or fined not more than $100,000.00, or
 both. A second offense will triple the penalty. A person who has a third
 offense shall serve life in prison. [Repealed.]
       (3) A person knowingly and unlawfully possessing cocaine in an
 amount consisting of one ounce or more of one or more preparations,
 compounds, mixtures, or substances containing cocaine shall be imprisoned VT LEG #367251 v.1
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 not more than 10 years or fined not more than $250,000.00, or both.
 [Repealed.]
      (4) [Deleted.]
   (b) Selling or dispensing.
      (1) A person knowingly and unlawfully dispensing or selling cocaine in
 any amount shall be imprisoned not more less than three 10 years or and fined
 not more than $75,000.00, or both $100,000.00. A person knowingly and
 unlawfully selling cocaine shall be imprisoned not more than five years or
 fined not more than $100,000.00, or both. A person convicted of a second
 offense shall be imprisoned not less than 20 years and fined not more than
 $200,000.00. A person convicted of a third or subsequent offense shall be
 imprisoned for life and fined not more than $1,000,000.00.
      (2) A person knowingly and unlawfully selling or dispensing cocaine in
 an amount consisting of 2.5 grams or more of one or more preparations,
 compounds, mixtures, or substances containing cocaine shall be imprisoned
 not more than 10 years or fined not more than $250,000.00, or both.
 [Repealed.]
      (3) A person knowingly and unlawfully selling or dispensing cocaine in
 an amount consisting of one ounce or more of one or more preparations,
 compounds, mixtures, or substances containing cocaine shall be imprisoned VT LEG #367251 v.1
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 not more than 20 years or fined not more than $1,000,000.00, or both.
 [Repealed.]
    (c)(1) Trafficking. A person knowingly and unlawfully possessing cocaine
 in an amount consisting of 150 grams or more of one or more preparations,
 compounds, mixtures, or substances containing cocaine with the intent to sell
 or dispense the cocaine shall be imprisoned not more less than 30 years or and
 fined not more than $1,000,000.00, or both. There shall be a permissive
 inference that a person who possesses cocaine in an amount consisting of 150
 grams or more of one or more preparations, compounds, mixtures, or
 substances containing cocaine intends to sell or dispense the cocaine. The
 amount of possessed cocaine under this subdivision to sustain a charge of
 conspiracy under 13 V.S.A. § 1404 shall be no not less than 400 grams in the
 aggregate. A person convicted of a second or subsequent offense shall be
 imprisoned for life and fined not more than $1,000,000.00.
       (2) A person knowingly and unlawfully possessing crack cocaine in an
 amount consisting of 60 grams or more of one or more preparations,
 compounds, mixtures, or substances containing crack cocaine with the intent to
 sell or dispense the crack cocaine shall be imprisoned not more less than 30
 years or and fined not more than $1,000,000.00, or both. A person convicted
 of a second or subsequent offense shall be imprisoned for life and fined not
 more than $1,000,000.00. There shall be a permissive inference that a person VT LEG #367251 v.1
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 who possesses crack cocaine in an amount consisting of 60 grams or more of
 one or more preparations, compounds, mixtures, or substances containing
 crack cocaine intends to sell or dispense the crack cocaine.
 Sec. 3. 18 V.S.A. § 4232 is amended to read:
 § 4232. LSD
    (a) Possession.
       (1) A person knowingly and unlawfully possessing lysergic acid
 diethylamide in any amount shall be imprisoned not more less than one year or
 five years and fined not more than $2,000.00, or both $5,000.00.
       (2) A person knowingly and unlawfully possessing lysergic acid
 diethylamide in an amount consisting of 100 milligrams or more of one or
 more preparations, compounds, mixtures, or substances containing lysergic
 acid diethylamide shall be imprisoned not more than five years or fined not
 more than $25,000.00, or both. [Repealed.]
       (3) A person knowingly and unlawfully possessing lysergic acid
 diethylamide in an amount consisting of one gram or more of one or more
 preparations, compounds, mixtures, or substances containing lysergic acid
 diethylamide shall be imprisoned not more than 10 years or fined not more
 than $100,000.00, or both. [Repealed.]
       (4) A person knowingly and unlawfully possessing lysergic acid
 diethylamide in an amount consisting of 10 grams or more of one or more VT LEG #367251 v.1
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 preparations, compounds, mixtures, or substances containing lysergic acid
 diethylamide shall be imprisoned not more than 20 years or fined not more
 than $500,000.00, or both. [Repealed.]
   (b) Selling or dispensing.
      (1) A person knowingly and unlawfully dispensing or selling lysergic
 acid diethylamide in any amount shall be imprisoned not more less than three
 10 years or and fined not more less than $25,000.00, or both $50,000.00. A
 person knowingly and unlawfully selling lysergic acid diethylamide shall be
 imprisoned not more than five years or fined not more than $25,000.00, or
 both. A person convicted of a second or subsequent offense shall be
 imprisoned for life and fined not more than $1,000,000.00.
      (2) A person knowingly and unlawfully selling or dispensing lysergic
 acid diethylamide in an amount consisting of 100 milligrams or more of one or
 more preparations, compounds, mixtures, or substances containing lysergic
 acid diethylamide shall be imprisoned not more than 10 years or fined not
 more than $100,000.00, or both. [Repealed.]
      (3) A person knowingly and unlawfully selling or dispensing lysergic
 acid diethylamide in an amount consisting of one gram or more of one or more
 preparations, compounds, mixtures, or substances containing lysergic acid
 diethylamide shall be imprisoned not more than 20 years or fined not more
 than $500,000.00, or both. [Repealed.]
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 Sec. 4. 18 V.S.A. § 4233 is amended to read:
 § 4233. HEROIN
    (a) Possession.
       (1) A person knowingly and unlawfully possessing heroin in any
 amount shall be imprisoned not more less than one year or three years and
 fined not more than $2,000.00, or both $5,000.00. A person convicted of a
 second offense shall be imprisoned not less than 10 years and fined not less
 than $20,000.00. A person convicted of a third or subsequent offense shall be
 imprisoned not less than 20 years and fined not less than $200,000.00.
       (2) A person knowingly and unlawfully possessing heroin in an amount
 consisting of 200 milligrams or more of one or more preparations, compounds,
 mixtures, or substances containing heroin shall be imprisoned not more than
 five years or fined not more than $100,000.00, or both. [Repealed.]
       (3) A person knowingly and unlawfully possessing heroin in an amount
 consisting of one gram or more of one or more preparations, compounds,
 mixtures, or substances containing heroin shall be imprisoned not more than 10
 years or fined not more than $250,000.00, or both. [Repealed.]
       (4) A person knowingly and unlawfully possessing heroin in an amount
 consisting of two grams or more of one or more preparations, compounds,
 mixtures, or substances containing heroin shall be imprisoned not more than 20
 years or fined not more than $1,000,000.00, or both. [Repealed.]
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    (b) Selling or dispensing.
       (1) A person knowingly and unlawfully dispensing heroin in any
 amount shall be imprisoned not more less than three 20 years or and fined not
 more less than $75,000.00, or both $500,000.00. A person knowingly and
 unlawfully selling heroin shall be imprisoned not more than five years or fined
 not more than $100,000.00, or both. A person convicted of a second or
 subsequent offense shall be imprisoned for life and fined not less than
 $500,000.00.
       (2) A person knowingly and unlawfully selling or dispensing heroin in
 an amount consisting of 200 milligrams or more of one or more preparations,
 compounds, mixtures, or substances containing heroin shall be imprisoned not
 more than 10 years or fined not more than $250,000.00, or both. [Repealed.]
       (3) A person knowingly and unlawfully selling or dispensing heroin in
 an amount consisting of one gram or more of one or more preparations,
 compounds, mixtures, or substances containing heroin shall be imprisoned not
 more than 20 years or fined not more than $1,000,000.00, or both. [Repealed.]
    (c) Trafficking. A person knowingly and unlawfully possessing heroin in
 an amount consisting of 3.5 grams or more of one or more preparations,
 compounds, mixtures, or substances containing heroin with the intent to sell or
 dispense the heroin shall be imprisoned not more less than 30 years or and
 fined not more less than $1,000,000.00, or both $500,000.00. There shall be a VT LEG #367251 v.1
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 permissive inference that a person who possesses heroin in an amount of 3.5
 grams or more of one or more preparations, compounds, mixtures, or
 substances containing heroin intends to sell or dispense the heroin. The
 amount of possessed heroin under this subsection to sustain a charge of
 conspiracy under 13 V.S.A. § 1404 shall be no less than 10 grams in the
 aggregate. A person convicted of a second or subsequent offense shall be
 imprisoned for life and fined not less than $500,000.00.
    (d) Transportation into the State. In addition to any other penalties
 provided by law, a person knowingly and unlawfully transporting one gram or
 more of heroin into Vermont with the intent to sell or dispense the heroin shall
 be imprisoned not more than 10 30 years or and fined not more less than
 $100,000.00, or both $500,000.00. A person convicted of a second or
 subsequent offense shall be imprisoned for life and fined not less than
 $500,000.00.
 Sec. 5. 18 V.S.A. § 4233a is amended to read:
 § 4233a. FENTANYL
    (a) Selling or dispensing.
       (1) A person knowingly and unlawfully dispensing or selling fentanyl in
 any amount shall be imprisoned not more less than three 10 years or and fined
 not more than $75,000.00, or both $100,000.00. A person knowingly and VT LEG #367251 v.1
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