Attorneys at Law, Burlington, VT

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Marijuana Possession & Other Drugs

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Marijuana

Despite its reputation, marijuana remains illegal both under the State (18 VSA §4230) and Federal laws.

Possession of Marijuana

In Vermont, the penalties for possession of marijuana or marijuana plants vary depending on the amount.

  • Possession of less than two ounces of marijuana is a misdemeanor that carries a fine of up to $500, six months in jail, or both.
  • Possession of more than two ounces or the cultivation of more than three plants is a felony that carries a fine of up to $10,000, three years in prison, or both.
  • Possession of more than one pound or the cultivation of more than ten plants is a felony that carries a fine of up to $100,000, five years in prison, or both.
  • Possession of more than ten pounds or the cultivation of more than 25 plants is a felony that carries a fine of up to $500,000, fifteen years in prison, or both.

Sale or Distribution of Marijuana

The penalties for selling or distributing marijuana are more severe than possession and also depend on the amount.

  • Sale of less than one-half ounce of marijuana is a misdemeanor that carries a fine of up to $10,000, two years in jail, or both.
  • Sale of more than one-half ounce of marijuana is a felony that carries a fine of up to $100,000, five years in prison, or both.
  • Sale of more than one pound of marijuana is a felony that carries a fine of up to $500,000, fifteen years in prison, or both.

Driving Under the Influence of Marijuana

Driving while under the influence of marijuana is also a crime. For information about the penalties visit our page on DUIs.

Additional Information

In addition to the criminal penalties for violating the statute, you should be aware that drug convictions may result in additional severe consequences. These include, but are not limited to:

  • Police seizure of property
  • Mandatory drug testing
  • Impacts to student loans and scholarships
  • Impacts to child custody

Other factors, such as: proximity to a school, sale to minors, and previous convictions may enhance the penalties for both possession and distribution. Every case is unique and you should seek legal advice prior to making any statements to the police or accepting any plea offers from the district attorney’s office.