Penalties for Possession, Sale and Cultivation of Cannabis in Vermont
Editor’s Note: The last update to this article was July 30, 2021. Check out our more recent post, Cannabis in Vermont – What’s Legal and What’s Not?
What are the penalties for weed possession and cultivation in Vermont?
Vermont Laws & Penalties
| Offense | Penalty | Incarceration | Â Â Max. Fine |
|---|---|---|---|
Possession |
|||
| 1 oz or less* | No penalty | None | $ 0 |
| 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. | |||
| ** Becomes a civil penalty starting on 1/1/21. | |||
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 |
|||
| 2 plants (and up to 4 immature plants) | No penalty | None | $ 0 |
| 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 |
| ** Becomes a civil penalty starting on 1/1/21. | |||
Hash & Concentrates |
|||
| 5 grams or less * | No penalty | None | $ 0 |
| 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. | |||
| ** Becomes a civil penalty starting on 1/1/21. | |||
| 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
As of July 1, 2018, possession of one ounce or less of cannabis by a person 21 years of age or older, is no longer punishable by a civil penalty or fine.
- Vermont H.511 (2018)Â Read bill
Possession of 1 – 2 ounces 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.
UPDATE:Â Possession of 1-2 ounces becomes a civil penalty starting on 1/1/21.
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.
- Vt. Stat. Ann. tit. 18 § 4230 (2015)
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.
- Vt. Stat. Ann. tit. 18 § 4230 (2015)
Cultivation
As of July 1, 2018, adult cultivation in private of up to six cannabis plants (two mature and up to four immature) is no longer punishable by a criminal or civil penalty. Those who cultivate marijuana for their own personal use may possess at home the total quantity of their harvest.
- Vermont H.511 (2018)Â Read bill
Cultivation of 3-10 plants is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $10,000.
UPDATE:Â Cultivation of 3 plants (and up to six immature plants) becomes a civil penalty starting on 1/1/21.
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.
- Vt. Stat. Ann. tit. 18 § 4230 (2015)
Hash & Concentrates
As of July 1, 2018, possession of 5 grams or less of hashish by a person 21 years of age or older, is no longer punishable by a civil penalty or fine.
- Vermont H.511 (2018)Â Read bill
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.
UPDATE:Â Possession of 5-10 grams of hashish becomes a civil penalty starting on 1/1/21.
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.
- Vt. Stat. Ann. tit. 18 § 4201 (2015) Web Search
Paraphernalia
The possession of cannabis 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.
- Vt. Stat. Ann. tit. 18 § 4476 (2015) Web Search
More Information
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.
DRUGGED DRIVING
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
LEGALIZATION
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
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.
Source: NORML
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