Vermont Marijuana Laws

Vermont marijuana laws allow the drug for medicinal use, and possession of small amounts has been decriminalized.

Vermont Marijuana Attorneys

The following Vermont lawyers are actively involved in the practice of cannabis law:

Vermont_HoffCurtis
Vermont_BrukeLawVT

LAW BREAKDOWN

Marijuana is allowed for medical use in Vermont and is decriminalized for recreation. Penalties for cannabis offenses are typically forgiving, but serious crimes carry stiff sentences.

Possession

It is illegal in Vermont to possess any amount of marijuana outwith the medical system. If the amount is 1 ounce or less, the top penalty on a first offense is a civil fine of $200. On a second offense the fine is $300 while on third and subsequent offenses it rises to $500.

Possession of between 1 and 2 ounces is a misdemeanor on a first offense and is punishable by up to six months in jail and $500 in fines. A subsequent conviction is a felony and carries a maximum of two years in prison and a top fine of $2,000.

Possession of between 2 ounces and 1 pound is also a felony, punishable by up to three years in prison and a $10,000 fine. Finally, possession of between 1 and 10 pounds of cannabis carries a maximum penalty of five years in prison and $100,000.

Sale

Selling less than half an ounce of marijuana is punishable by a maximum of two years in prison and $10,000 in fines. Sale of between half an ounce and 1 pound is a felony and comes with a top penalty of five years in prison and $100,000.

The maximum sentence for selling between 1 and 50 pounds is 15 years in prison and $500,000 in fines. The maximum for selling more than 50 pounds is 30 years and $1 million.

Selling any amount of marijuana to a minor is a felony in Vermont and carries a maximum punishment of five years in prison and $25,000 in fines.

Cultivation

Growing any amount of cannabis is a crime in Vermont. Growing one or two plants is a misdemeanor on a first conviction and carries a top sentence of six months in jail and $500. A subsequent offense is a felony and comes with a maximum of two years in prison and $2,000.

It is a felony to grow between three and 10 plants, and the maximum penalty is three years in prison and $10,000 in fines. If there are between 11 and 25 plants, the maximum increases to five years and $100,000. Cultivating more than 25 plants is punishable by as many as 15 years in prison and a fine of up to $500,000.

Hash and Concentrates

Hashish, hash oil, and other marijuana concentrates are treated the same as bud under Vermont law, but lower weight limits apply for possession offenses.

Possession of 5 grams or less is decriminalized and carries a $200 civil fine on a first offense, while a subsequent offense can be punished with a $500 fine. Possessing more than 5 grams of concentrates is a misdemeanor on a first conviction and comes with a top penalty of six months in jail and $500 in fines, while the same crime is a felony on a subsequent conviction and carries a maximum of two years in prison in a fine of up to $2,000.

Paraphernalia

Marijuana paraphernalia is illegal but decriminalized in Vermont. Paraphernalia includes any items intended for use with the cultivation, harvesting, analysis, testing, storing, or consumption of marijuana.

Possession and use. The possession of paraphernalia by a person 21 or older is only punishable by civil fine; no arrest, jail time or criminal record. The fine increases with subsequent violations, as shown below.

  • On a first offense, the maximum fine is $200.
  • On a second offense, the maximum fine increases to $300.
  • A third and any subsequent offenses are subject to a possible $500 fine.

Sale and delivery. Sale of drug paraphernalia is a misdemeanor punishable by up to one year in jail and a $1,000 fine.

Sale to a minor. Sale to a minor is also a misdemeanor and carries a maximum penalty of two years in prison and $2,000 in fines.

MEDICAL MARIJUANA

Vermont’s medical marijuana law removes state-level criminal penalties for the use, possession and cultivation of marijuana by qualifying patients.

Qualifying conditions – Cachexia/wasting syndrome, Cancer, HIV/AIDS, Multiple Sclerosis, seizures, severe pain, severe nausea

Patient possession limits – Two ounces of usable marijuana

Home cultivation – Yes. No more than nine marijuana plants are permitted, and only two may be mature at any one time.

State-licensed dispensaries – Yes. No more than four, and dispensaries are legally allowed to engage in home delivery.

Caregivers – Yes. A caregiver is a person who is responsible for managing the well-being of a qualifying patient in regards to their medicinal use of marijuana. A registered caregiver must never have been convicted of a drug-related crime, and must be at least 21 years of age. Patients may only have one registered caregiver at a time, and the caregiver can only serve one patient.

Reciprocity – No

Contact information – Marijuana Registry
Department of Public Safety
103 South Main Street
Waterbury, Vermont 05671
802-241-5115
http://www.safeaccessnow.org/becoming_a_patient_in_vermont

PENALTIES

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.