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§4233a. Fentanyl

(a) Selling ordispensing.

(1) A personknowingly and unlawfully dispensing fentanyl shall be imprisoned not more thanthree years or fined not more than $75,000.00, or both. A person knowingly andunlawfully selling fentanyl shall be imprisoned not more than five years orfined not more than $100,000.00, or both.

(2) A personknowingly and unlawfully selling or dispensing fentanyl in an amount consistingof four milligrams or more of one or more preparations, compounds, mixtures, orsubstances containing fentanyl shall be imprisoned not more than 10 years orfined not more than $250,000.00, or both.

(3) A personknowingly and unlawfully selling or dispensing fentanyl in an amount consistingof 20 milligrams or more of one or more preparations, compounds, mixtures, orsubstances containing fentanyl shall be imprisoned not more than 20 years orfined not more than $1,000,000.00, or both.

(4) In lieu ofa charge under this subsection, but in addition to any other penalties providedby law, a person knowingly and unlawfully selling or dispensing any regulateddrug containing a detectable amount of fentanyl shall be imprisoned not morethan five years or fined not more than $250,000.00, or both.

(b)Trafficking. A person knowingly and unlawfully possessing fentanyl in an amountconsisting of 70 milligrams or more of one or more preparations, compounds,mixtures, or substances containing fentanyl with the intent to sell or dispensethe fentanyl shall be imprisoned not more than 30 years or fined not more than$1,000,000.00, or both. There shall be a permissive inference that a person whopossesses fentanyl in an amount of 70 milligrams or more of one or morepreparations, compounds, mixtures, or substances containing fentanyl intends tosell or dispense the fentanyl. The amount of possessed fentanyl under thissubsection to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall benot less than 70 milligrams in the aggregate.

(c)Transportation into the State. In addition to any other penalties provided bylaw, a person knowingly and unlawfully transporting more than 20 milligrams offentanyl into Vermont with the intent to sell or dispense the fentanyl shall beimprisoned not more than 10 years or fined not more than $100,000.00, or both.(Added 2017, No. 62, § 4.)

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Local Government
Vermont
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Phil Scott
Phil Scott
January 5, 2017 -
Republican
1-802-828-2231
115 State Street, Montpelier, VT, 05633

Keywords
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milligrams
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