This is the Marijuana bill we are waiting to see if Vermont Governor Phil Scott will sign or veto. The legislature could overcome a veto. It says Fentanyl, but it gets around to the marijuana, keep scrolling down!
http://legislature.vermont.gov/assets/Documents/2018/Docs/BILLS/S-0022/S-0022%20As%20Passed%20by%20Both%20House%20and%20Senate%20Official.pdf
BILL AS INTRODUCED AND PASSED BY SENATE AND HOUSE 2017 Page 1 of 24
VT LEG #320384 v.1 S.22 Introduced by Senator Sears Referred to Committee on Judiciary
Date: January 12, 2017
Subject: Crimes; possession of fentanyl Statement of purpose of bill as introduced: This bill proposes to increase the penalties for possessing, selling, dispensing, or trafficking fentanyl. …An act relating to eliminating penalties for possession of limited amounts of marijuana by adults 21 years of age and older… It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. LEGISLATIVE INTENT; CIVIL AND CRIMINAL PENALTIES It is the intent of the General Assembly to eliminate all penalties for possession of one ounce or less of marijuana and two mature and four immature marijuana plants for a person who is 21 years of age or older while retaining criminal penalties for possession, dispensing and sale of larger amounts of marijuana. This act also retains civil penalties for possession of marijuana by a person under 21 years of age, which are the same as for VT LEG #320384 v.1 BILL AS INTRODUCED AND PASSED BY SENATE AND HOUSE S.22 2017 Page 11 of 24 possession of alcohol by a person under 21 years of age. Sec. 2. 18 V.S.A. § 4201 is amended to read:
§ 4201. DEFINITIONS As used in this chapter, unless the context otherwise requires:
* * * (15)(A) “Marijuana” means all parts of the plant Cannabis sativa L., except as provided by subdivision (B) of this subdivision (15), whether growing or harvested, and includes: (i) the seeds of the plant; (ii) the resin extracted from any part of the plant; and (iii) any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. (B) “Marijuana” does not include: (i) the mature stalks of the plant and fiber produced from the stalks; (ii) oil or cake made from the seeds of the plant; (iii) any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; (iv) the sterilized seed of the plant that is incapable of germination; or (v) hemp or hemp products, as defined in 6 V.S.A. § 562.
* * * (43) “Immature marijuana plant” means a female marijuana plant that has not flowered and that does not have buds that may be observed by visual examination. (44) “Mature marijuana plant” means a female marijuana plant that has flowered and that has buds that may be observed by visual examination.
Sec. 3. 18 V.S.A. § 4230 is amended to read: § 4230. MARIJUANA VT LEG #320384 v.1 BILL AS INTRODUCED AND PASSED BY SENATE AND HOUSE S.22 2017 Page 12 of 24 (a) Possession and cultivation. (1)
(A) No person shall knowingly and unlawfully possess more than one ounce of marijuana or more than five grams of hashish or cultivate more than two mature marijuana plants or four immature marijuana plants. For a first offense under this subdivision (A), a person shall be provided the opportunity to participate in the Court Diversion Program unless the prosecutor states on the record why a referral to the Court Diversion Program would not serve the ends of justice. A person convicted of a first offense under this subdivision shall be imprisoned not more than six months or fined not more than $500.00, or both.
(B) A person convicted of a second or subsequent offense of knowingly and unlawfully possessing more than one ounce of marijuana or more than five grams of hashish or cultivating more than two mature marijuana plants or four immature marijuana plants shall be imprisoned not more than two years or fined not more than $2,000.00, or both. (C) Upon an adjudication of guilt for a first or second offense under this subdivision, the court may defer sentencing as provided in 13 V.S.A. § 7041 except that the court may in its discretion defer sentence without the filing of a presentence investigation report and except that sentence may be imposed at any time within two years from and after the date of entry of deferment. The court may, prior to sentencing, order that the defendant submit to a drug assessment screening which may be considered at sentencing in the same manner as a presentence report.
(2) A person knowingly and unlawfully possessing two ounces of marijuana or 10 grams of hashish or knowingly and unlawfully cultivating more than three plants of four mature marijuana plants or eight immature marijuana plants shall be imprisoned not more than three years or fined not more than $10,000.00, or both.
(3) A person knowingly and unlawfully possessing more than one pound of marijuana or more than 2.8 ounces of hashish or knowingly and unlawfully cultivating more than six mature marijuana plants or 12 immature marijuana plants shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
(4) A person knowingly and unlawfully possessing more than 10 pounds of marijuana or more than one pound of hashish or knowingly and unlawfully cultivating more than 12 mature marijuana plants or 24 immature marijuana plants shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both.
(5) If a court fails to provide the defendant with notice of collateral VT LEG #320384 v.1 BILL AS INTRODUCED AND PASSED BY SENATE AND HOUSE S.22 2017 Page 13 of 24 consequences in accordance with 13 V.S.A. § 8005(b) and the defendant later at any time shows that the plea and conviction for a violation of this subsection may have or has had a negative consequence, the court, upon the defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty. Failure of the court to advise the defendant of a particular collateral consequence shall not support a motion to vacate.
(6) The amounts of marijuana in this subsection shall not include marijuana cultivated, harvested, and stored in accordance with section 4230e of this title. (b)(1) Except as otherwise provided in this section, a person 21 years of age or older who possesses one ounce or less of marijuana or five grams or less of hashish and two mature marijuana plants or fewer or four immature marijuana plants or fewer or who possesses paraphernalia for marijuana use shall not be penalized or sanctioned in any manner by the State or any of its political subdivisions or denied any right or privilege under State law. The one-ounce limit of marijuana or five grams of hashish that may be possessed by a person 21 years of age or older shall not include marijuana cultivated, harvested, and stored in accordance with section 4230e of this title.
(2)(A) A person shall not consume marijuana in a public place. “Public place” means any street, alley, park, sidewalk, public building other than individual dwellings, any place of public accommodation as defined in 9 V.S.A. § 4501, and any place where the possession of a lighted tobacco product is prohibited by law.
(B) A person who violates this subdivision (a)(2) shall be assessed a civil penalty as follows: VT LEG #320384 v.1 BILL AS INTRODUCED AND PASSED BY SENATE AND HOUSE S.22 2017 Page 14 of 24 (i) not more than $100.00 for a first offense; (ii) not more than $200.00 for a second offense; and (iii) not more than $500.00 for a third or subsequent offense. This section does not (1) exempt a person from arrest, citation, or prosecution for being under the influence of marijuana while operating a vehicle of any kind or for consuming marijuana while operating a motor vehicle; (2) repeal or modify existing laws or policies concerning the operation of vehicles of any kind while under the influence of marijuana or for consuming marijuana while operating a motor vehicle; (3) limit the authority of primary and secondary schools to impose administrative penalties for the possession of marijuana on school property; (4) prohibit a municipality from adopting a civil ordinance to provide additional penalties for consumption of marijuana in a public place; (5) prohibit a landlord from banning possession or use of marijuana in a lease agreement; or (6) allow an inmate of a correctional facility to possess or use marijuana or to limit the authority of law enforcement, the courts, the Department of Corrections, or the Parole Board to impose penalties on offenders who use marijuana in violation of a court order, conditions of furlough, parole, or rules of a correctional facility.
VT LEG #320384 v.1 BILL AS INTRODUCED AND PASSED BY SENATE AND HOUSE S.22 ETC., ETC., ETC., THROUGH AND INCLUDING PAGE 24 http://legislature.vermont.gov/assets/Documents/2018/Docs/BILLS/S-0022/S-0022%20As%20Passed%20by%20Both%20House%20and%20Senate%20Official.pdf
