| Offense | Penalty | Incarceration | Max. Fine |
Possession |
|||
| 1 oz or less (first offense)* | Civil Violation | None | $ 200 |
| 1 oz or less (second offense)* | Civil Violation | None | $ 300 |
| 1 oz or less (subsequent offense)* | Civil Violation | None | $ 500 |
| 1 - 2 oz (first offense) | Misdemeanor | 6 months | $ 500 |
| 1 - 2 oz (subsequent offense) | Misdemeanor | 2 years | $ 2,000 |
| 2 oz - 1 lb | Felony | 3 years | $ 10,000 |
| 1 - 10 lbs | Felony | 5 years | $ 100,000 |
| 10 lbs or more | Felony | 15 years | $ 500,000 |
| * By persons 21 years of age or older. | |||
Sale |
|||
| Less than 1/2 oz | Misdemeanor | 2 years | $ 10,000 |
| 1/2 oz - 1 lb | Felony | 5 years | $ 100,000 |
| 1 - 50 lbs | Felony | 15 years | $ 500,000 |
| More than 50 lbs | Felony | 30 years | $ 1,000,000 |
| To a minor | Felony | 5 years | $ 25,000 |
Cultivation |
|||
| 1 - 2 plants (first offense) | Misdemeanor | 6 months | $ 500 |
| 1 - 2 plants (subsequent offense) | Misdemeanor | 2 years | $ 2,000 |
| 3 - 10 plants | Felony | 3 years | $ 10,000 |
| 11 - 25 plants | Felony | 5 years | $ 100,000 |
| More than 25 plants | Felony | 15 years | $ 500,000 |
Hash & Concentrates |
|||
| 5 grams or less (first offense)* | Civil Violation | None | $ 200 |
| 5 grams or less (subsequent offense)* | Civil Violation | None | $ 500 |
| more than 5 grams (first offense) | Misdemeanor | 6 months | $ 500 |
| more than 5 grams (subsequent offense) | Misdemeanor | 2 years | $ 2,000 |
| * By persons 21 years of age or older. | |||
| Penalties for hashish are similar to marijuana penalties. Please see the marijuana penalties section for further details. | |||
Paraphernalia |
|||
| Possession of paraphernalia* | Civil Violation | None | $ 200 |
| Sale of paraphernalia | Misdemeanor | 1 year | $ 1,000 |
| To a minor | Misdemeanor | 2 years | $ 2,000 |
| * By persons 21 years of age or older. | |||
Penalty Details
Possession
Possession of one ounce or less of marijuana by a person 21 years of age older, is punishable with a civil violation not a criminal offense.
Possession of 1 - 2 ounce is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $500.*
* There is a possible deferred sentence for first-time offenders.
A subsequent conviction for possession of 1 - 2 ounce is a misdemeanor punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $2,000.
Possession of 2 ounce-1 pound is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $3,000.
Possession of 1 pound-10 pounds is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000.
Possession of more than 10 pounds is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.
See
- Vt. Stat. Ann. tit. 18 § 4230 (2015) Web Search
Sale
The sale or delivery of less than 1/2 ounce is a misdemeanor punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $10,000, or both.
The sale or delivery of 1/2 ounce - 1 pound is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000, or both.
The sale or delivery of 1 pound - 50 pounds is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.
The sale or delivery of more than 50 pounds is presumed to be trafficking and is punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.
The sale or delivery to a minor is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $25,000.
See
- Vt. Stat. Ann. tit. 18 § 4230 (2015) Web Search
Cultivation
Cultivation of 1-2 plants is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $500 for the first offense. A subsequent offense increases incarceration to a maximum sentence of 2 years and a maximum fine of $2000.
Cultivation of 3-10 plants is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $10,000.
Cultivation of 11-25 plants is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000.
Cultivation of more than 25 plants is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.
See
- Vt. Stat. Ann. tit. 18 § 4230 (2015) Web Search
Hash & Concentrates
The law decriminalizes possession of 5 grams or less of hashish by a person 21 years of age or older. Civil fines are no more than $200 first offense, no more than $300 second offense, no more than $500 third or subsequent offense. Possession of more than 5 grams of hashish is a misdemeanor punishable by 6 months imprisonment and a maximum fine of $500 for a first offense. A subsequent offense increases incarceration to a maximum sentence of 2 years and a maximum fine of $2000.
Vermont classifies hashish and concentrates as marijuana. For more information regarding penalties associated with hashish or concentrates see the section for Vermont laws on marijuana.
See
- Vt. Stat. Ann. tit. 18 § 4201 (2015) Web Search
Paraphernalia
The possession of marijuana paraphernalia by a person 21 years of age or older is punishable by a civil fine only -- no arrest, no jail time, and no criminal record. Civil fines are no more than $200 first offense, no more than $300 second offense, no more than $500 third or subsequent offense.
The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.
The sale of paraphernalia to a minor is punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $2,000.
See
- Vt. Stat. Ann. tit. 18 § 4476 (2015) Web Search
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
DECRIMINALIZATION
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
HEMP
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
VermontMarijuana Arrests
| Vermont | 2008 | 2009 | 2010 | 2011 | 2012 | ARC |
|---|---|---|---|---|---|---|
| Possession | 805 | 826 | 736 | 726 | 859 | 1.6% |
| Sales | 77 | 84 | 76 | 78 | 67 | -3.4% |
| Total | 882 | 910 | 812 | 804 | 926 | 1.2% |
ARC: Annual Rate of Change
Source: Federal Bureau of Investigation, Uniform Crime Reporting Program
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