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H.189 1
Introduced by Representatives Headrick of Burlington, Cina of Burlington, 2
Masland of Thetford, and Rachelson of Burlington 3
Referred to Committee on 4
Date: 5
Subject: Regulated drugs; possessing and dispensing a benchmark personal use 6
supply; special funds for substance use, harm reduction, and support 7
Statement of purpose of bill as introduced: This bill proposes to establish the 8
Community Care, Health, and Safety Special Fund to provide grants for the 9
establishment and operation of community-based services intended to reduce 10
the harms of drug use and meet the needs of persons suffering from substance 11
use disorder; designate 40 percent of the cannabis excise tax and a portion of 12
the monies from the Opioid Abatement Special Fund for the Community Care, 13
Health, and Safety Special Fund; eliminate criminal penalties for possessing 14
and dispensing a personal use supply of drugs; require that a person found to 15
be possessing or dispensing an amount of a personal-use quantity of a 16
regulated drug be provided information and access to available services and 17
authorize the provision of monetary-equivalent incentives for participation in a 18
needs assessment; and establish the Drug Use Health and Safety Advisory 19
Board for the purpose of determining the benchmark personal use supply for 20
regulated drugs with a goal of preventing and reducing the criminalization of 21 BILL AS INTRODUCED H.189
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personal drug use and to distribute grants from the Community Care, Health, 1
and Safety Special Fund. 2
An act relating to funding support services for persons who use drugs and 3
eliminating misdemeanor criminal penalties for possessing or dispensing a 4
personal use drug supply 5
It is hereby enacted by the General Assembly of the State of Vermont: 6
Sec. 1. FINDINGS 7
The General Assembly finds that: 8
(1) Fatal and nonfatal drug overdoses in Vermont are an urgent public 9
health crisis, with rates of overdose deaths rising sharply in recent years. Drug 10
overdose reportedly killed 264 Vermonters in 2022 and drug toxicity deaths 11
have increased by over 500 percent since 2010. 12
(2) Nonfatal opioid overdose emergency department visits have also 13
been increasing. From 2018 to 2021, 1,631 individuals visited an emergency 14
department for an opioid overdose. 15
(3) Research has consistently shown that public health strategies are 16
effective at reducing overdose deaths, reducing the transmission of infectious 17
diseases, and improving health outcomes for individuals who use drugs. 18
(4) Investments in criminal justice approaches have proven ineffective 19
in reducing overdose. Despite more than 10,000 arrests for drug possession 20 BILL AS INTRODUCED H.189
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offenses since 2010, fatal drug overdoses have continued to rise during this 1
period. 2
(5) The medical and public understanding that addiction is a chronic 3
brain disease has increased in recent years, yet Vermont’s laws have continued 4
to reflect a punitive criminal justice model that has been ineffective in 5
improving public health and has itself caused extensive harm. 6
(6) The criminalization of drug use has profoundly negative impacts on 7
individuals, families, and communities. The stigma of a criminal arrest or 8
conviction often results in detrimental physical, psychological, and economic 9
impacts on the lives of those arrested. Involvement in the criminal legal 10
system can interfere with employment, housing, educational opportunities, and 11
professional licensing and lead to burdensome debt from fines. According to a 12
2020 report by the Brennan Center for Justice, individuals convicted of a 13
misdemeanor have their annual earnings reduced by an average of 16 percent. 14
(7) Studies have also repeatedly found that periods of incarceration 15
substantially increase the risk of fatal overdose. Within the first two weeks of 16
release from incarceration, an individual is substantially more likely to die 17
from a fatal overdose than a person who was not detained. 18
(8) Criminalizing drug use and possession reduces the amount of 19
resources available for harm reduction and treatment services, deters 20
individuals from accessing available services due to fear of arrest, and 21 BILL AS INTRODUCED H.189
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compounds the social barriers and traumas often contributing to substance use 1
disorder. Arrests and prosecutions can further traumatize individuals who 2
were previously experiencing pain or suffering from prior traumatic events or 3
circumstances. 4
(9) Enforcement of the drug laws in Vermont, as well as nationally, falls 5
disproportionately on persons of color despite similar rates in usage and sale of 6
drugs. Prior to Vermont’s legalization of cannabis in 2018, Black persons 7
were six times more likely to be arrested for cannabis possession than White 8
persons. A 2021 study conducted by the Council of State Governments found 9
that between 2014 and 2019, Black persons in Vermont were 14 times more 10
likely than White persons to be defendants in a felony drug case and 11
18 percentage points more likely than White persons to be sentenced to 12
incarceration for a felony drug offense. 13
(10) A health-based approach to drugs, prioritizing the expansion of 14
harm reduction services and on-demand access to evidence-based treatment, 15
rather than the traditional criminal justice model, has proven to be more 16
effective at preventing opioid deaths and drug-related injuries, reducing the 17
spread of HIV and Hepatitis C and improving health outcomes for persons who 18
use drugs. In particular, harm reduction interventions such as drug-checking 19
services and overdose prevention centers have been implemented throughout 20
the world with demonstrated success in saving lives, providing greater stability 21 BILL AS INTRODUCED H.189
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and facilitating access to health care and services for participants, while also 1
significantly benefitting surrounding communities. 2
(11) Harm reduction services, including overdose prevention centers and 3
drug-checking programs, have been shown to be highly effective in reducing 4
the risk that a drug overdose will become fatal and in improving health 5
outcomes for participants. 6
(12) Throughout the last decade in Vermont, the approach to drugs has 7
gradually shifted toward policies focused on prevention, treatment, and harm 8
reduction rather than punishment. In recent years, the General Assembly has 9
enacted legislation decriminalizing possession of the opiate disorder treatment 10
drug buprenorphine, granting immunity from prosecution for possession of 11
drugs for a person who seeks assistance for themselves or another who is 12
experiencing an overdose, supporting the establishment of drug-checking 13
services, authorizing and appropriating funds for overdose prevention centers, 14
providing widespread access to naloxone to treat opiate overdoses in an 15
emergency, and supporting other harm reduction interventions such as syringe 16
service programs. 17
(13) Eliminating criminal penalties for possessing personal use amounts 18
of regulated drugs would continue this progress in shifting toward a fully 19
public-health approach to drug use and addiction by helping eliminate barriers 20
for those who need supportive services. The elimination of criminal penalties 21 BILL AS INTRODUCED H.189
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removes the fear of arrest, which drives many individuals to hide their 1
substance use, consume drugs alone in dangerous circumstances, and avoid 2
seeking help from health care systems and harm reduction providers. Such a 3
strategic shift will also allow Vermont to redirect money and resources from 4
prosecution and incarceration toward prevention, harm reduction strategies, 5
and addiction services, affording better outcomes for all Vermonters. 6
Sec. 2. 18 V.S.A. § 4201 is amended to read: 7
§ 4201. DEFINITIONS 8
As used in this chapter: 9
* * * 10
(6) “Depressant or stimulant drug” means: 11
(A) any drug that contains any quantity of barbituric acid or any of 12
the salts of barbituric acid, or any derivative of barbituric acid, that is 13
designated as habit-forming because of its effect on the central nervous system 14
in the rules adopted by the Department of Health under section 4202 of this 15
title; 16
(B) any drug, other than methamphetamine, that contains any 17
quantity of amphetamine or any of its optical isomers, any salt or amphetamine 18
or any salt of an optical isomer of amphetamine, that the Department of Health 19
so designates by such rule as habit-forming because of its effect on the central 20
nervous system; 21 BILL AS INTRODUCED H.189
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(C) gamma hydroxybutyric acid, including its salts, isomers, or salts 1
of isomers; 2
(D) gamma butyrolactone, including 4-butyrolactone and gamma 3
hydroxybutyric acid lactone, including its salts, isomers, or salts of isomers, 4
when packaged, marketed, manufactured, or intended for human consumption; 5
(E) ketamine, including its salts, isomers, or salts of isomers; 6
(F) flunitrazepam, including its salts, isomers, or salts of isomers; and 7
(G) any drug, other than methamphetamine, that contains any 8
quantity of a substance that the Department of Health so designates by such 9
rule as having a serious potential for abuse arising out of its effect on the 10
central nervous system. 11
(7) “Dispense” includes distribute, leave with, give away, dispose of, or 12
deliver. 13
* * * 14
(10) “Hallucinogenic drugs” means stramonium, mescaline or peyote, 15
lysergic acid diethylamide, and psilocybin, and all synthetic equivalents of 16
chemicals contained in resinous extractives of Cannabis sativa, or any salts or 17
derivatives or compounds of any preparations or mixtures thereof, and any 18
other substance that is designated as habit-forming or as having a serious 19
potential for abuse arising out of its effect on the central nervous system or its 20 BILL AS INTRODUCED H.189
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hallucinogenic effect in the rules adopted by the Department of Health under 1
section 4202 of this title. 2
* * * 3
(16) “Narcotic,” “narcotics,” or “narcotic drugs” means opium, coca 4
leaves, pethidine (isonipecaine, meperidine), and opiates or their compound, 5
manufacture, salt, alkaloid, or derivative, and every substance neither 6
chemically nor physically distinguishable from them, and preparations 7
containing such drugs or their derivatives, by whatever trade name identified 8
and whether produced directly or indirectly by extraction from substances of 9
vegetable origin, or independently by means of chemical synthesis or by a 10
combination of extraction and chemical synthesis, as the same are so 11
designated in the rules adopted by the Department of Health under section 12
4202 of this title. 13
* * * 14
(29) “Regulated drug” means: 15
(A) a narcotic drug; 16
(B) a depressant or stimulant drug, other than methamphetamine; 17
(C) a hallucinogenic drug; 18
(D) Ecstasy; 19
(E) cannabis; 20
(F) methamphetamine; or 21 BILL AS INTRODUCED H.189
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(G) xylazine. 1
(30) “Sale” means transfer for a consideration or barter or exchange or 2
an offer or express or implied promise to transfer for a consideration or barter 3
or exchange, and each such transaction made by any person, whether as 4
principal, proprietor, agent, servant, or employee. 5
* * * 6
(34) “Deliver” means the actual, constructive, or attempted transfer or 7
prescription of a regulated drug, whether or not there exists an agency 8
relationship. 9
* * * 10
(46) “Benchmark unlawful dosage” means the maximum recommended 11
therapeutic dose, or maximum daily dose, as determined by the Department by 12
rule. 13
* * * 14
(50) “Benchmark personal use supply” means the quantity of a drug 15
commonly possessed for consumption by an individual for any therapeutic, 16
medicinal, or recreational purpose. 17
Sec. 3. 18 V.S.A. § 4202 is amended to read: 18
§ 4202. POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH 19
(a) The Department of Health is authorized and empowered to adopt such 20
rules that in its judgment may be necessary or proper to supplement the 21 BILL AS INTRODUCED H.189
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provisions of this chapter to effectuate the purposes and intent thereof or to 1
clarify its provisions so as to provide the procedure or details to secure 2
effective and proper enforcement of its provisions. 3
(b) These rules and determinations, when adopted, shall, until modified or 4
rescinded, have the force and effect of law. 5
* * * 6
(e) The Department shall adopt rules reflecting the benchmarks 7
recommended by the Drug Use Health and Safety Advisory Board in 8
accordance with section 4202a of this title. 9
Sec. 4. 18 V.S.A. § 4202a is added to read: 10
§ 4202a. DRUG USE HEALTH AND SAFETY ADVISORY BOARD 11
(a) There is hereby created the Drug Use Health and Safety Advisory 12
Board composed of experts in the fields of general and behavioral health care, 13
substance use disorder treatment, harm reduction services, and drug user 14
communities. 15
(b) The primary objectives of the Advisory Board shall be: 16
(1) To determine the benchmark personal use supply for each regulated 17
drug. The benchmarks determined pursuant to this subsection shall be 18
determined with a goal of preventing and reducing the criminalization of 19
personal drug possession and use. 20 BILL AS INTRODUCED H.189
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(2) To distribute and provide oversight of grant funding from the 1
Community Care, Health, and Safety Special Fund. 2
(c) The Advisory Board shall be composed of the following 13 members: 3
(1) two consumer representatives who have lived experience in drug use 4
and consumption practices; two representatives from harm reduction service 5
providers; one expert on substance use disorder treatment and recovery, which 6
may include a medical practitioner providing medication for opioid use 7
disorder; and one academic expert specializing in human behavior, addiction, 8
and drug policy, appointed by the Senate Committee on Committees; 9
(2) two consumer representatives who have lived experience in drug use 10
and consumption practices; two representatives from harm reduction service 11
providers; one expert on substance use disorder treatment and recovery, which 12
may include a medical practitioner providing medication for opioid use 13
disorder; and one academic expert specializing in human behavior, addiction, 14
and drug policy, appointed by the Speaker of the House; and 15
(3) an expert on legal reform appointed by the Center for Justice Reform 16
at Vermont Law and Graduate School. 17
(d) Upon convening, the members of the Advisory Board shall elect a chair 18
by majority vote and shall fill any vacancy of the Chair by the same. A 19
majority of members shall constitute a quorum. 20 BILL AS INTRODUCED H.189
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(e) On or before January 1, 2026, the Advisory Board shall provide the 1
recommended quantities for benchmark personal use supply for each category 2
of regulated drug listed in subdivision 4201(29) of this title. 3
(f) The Advisory Board shall convene at least one time per year to review 4
benchmarks established pursuant to this section and recommend any necessary 5
amendments. The Chair of the Advisory Board may, with the consent of a 6
majority of members, convene additional meetings to receive testimony from 7
experts on drug use, substance use disorder, and medical research or practice 8
relating to any specific drug. 9
(g) The Department shall initiate rulemaking to adopt benchmark personal 10
use supplies not later than 90 days following the receipt of recommendations 11
from the Advisory Board. The Department shall give full consideration to the 12
recommendations of the Advisory Board and provide detailed explanations for 13
any deviations from the recommendations of the Advisory Board in the 14
proposed rules. 15
Sec. 5. 18 V.S.A. § 4231 is amended to read: 16
§ 4231. COCAINE 17
(a) Possession. 18
(1)(A) A Except as otherwise provided in subdivision (B) of this 19
subdivision (1), a person knowingly and unlawfully possessing cocaine shall 20 BILL AS INTRODUCED H.189
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be imprisoned not more than one year or fined not more than $2,000.00, or 1
both. 2
(B) A person knowingly possessing cocaine in an amount equal to or 3
less than a benchmark personal use supply shall not be subject to a criminal or 4
civil penalty but shall be provided health needs screening information pursuant 5
to section 4240b of this title. 6
(2) A person knowingly and unlawfully possessing cocaine in an 7
amount consisting of 2.5 grams or more of one or more preparations, 8
compounds, mixtures, or substances containing cocaine shall be imprisoned 9
not more than five years or fined not more than $100,000.00, or both. 10
(3) A person knowingly and unlawfully possessing cocaine in an 11
amount consisting of one ounce or more of one or more preparations, 12
compounds, mixtures, or substances containing cocaine shall be imprisoned 13
not more than 10 years or fined not more than $250,000.00, or both. 14
(4) [Repealed.] 15
(b) Selling or dispensing. 16
(1)(A) A Except as otherwise provided in subdivision (B) of this 17
subdivision (1), a person knowingly and unlawfully dispensing cocaine shall 18
be imprisoned not more than three years or fined not more than $75,000.00, or 19
both. 20 BILL AS INTRODUCED H.189
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(B) A person knowingly dispensing cocaine in an amount equal to or 1
less than a benchmark personal use supply shall not be subject to a criminal or 2
civil penalty but shall be provided health needs screening information pursuant 3
to section 4240b of this title. 4
(C) A person knowingly and unlawfully selling cocaine shall be 5
imprisoned not more than five years or fined not more than $100,000.00, or 6
both. 7
(2) A person knowingly and unlawfully selling or dispensing cocaine in 8
an amount consisting of 2.5 grams or more of one or more preparations, 9
compounds, mixtures, or substances containing cocaine shall be imprisoned 10
not more than 10 years or fined not more than $250,000.00, or both. 11
(3) A person knowingly and unlawfully selling or dispensing cocaine in 12
an amount consisting of one ounce or more of one or more preparations, 13
compounds, mixtures, or substances containing cocaine shall be imprisoned 14
not more than 20 years or fined not more than $1,000,000.00, or both. 15
* * * 16
Sec. 6. 18 V.S.A. § 4232 is amended to read: 17
§ 4232. LSD 18
(a) Possession. 19
(1)(A) A Except as otherwise provided in subdivision (B) of this 20
subdivision (1), a person knowingly and unlawfully possessing lysergic acid 21 BILL AS INTRODUCED H.189
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diethylamide shall be imprisoned not more than one year or fined not more 1
than $2,000.00, or both. 2
(B) A person knowingly possessing lysergic acid diethylamide in an 3
amount equal to or less than a benchmark personal use supply shall not be 4
subject to a criminal or civil penalty but shall be provided health needs 5
screening information pursuant to section 4240b of this title. 6
(2) A person knowingly and unlawfully possessing lysergic acid 7
diethylamide in an amount consisting of 100 milligrams or more of one or 8
more preparations, compounds, mixtures, or substances containing lysergic 9
acid diethylamide shall be imprisoned not more than five years or fined not 10
more than $25,000.00, or both. 11
(3) A person knowingly and unlawfully possessing lysergic acid 12
diethylamide in an amount consisting of one gram or more of one or more 13
preparations, compounds, mixtures, or substances containing lysergic acid 14
diethylamide shall be imprisoned not more than 10 years or fined not more 15
than $100,000.00, or both. 16
(4) A person knowingly and unlawfully possessing lysergic acid 17
diethylamide in an amount consisting of 10 grams or more of one or more 18
preparations, compounds, mixtures, or substances containing lysergic acid 19
diethylamide shall be imprisoned not more than 20 years or fined not more 20
than $500,000.00, or both. 21 BILL AS INTRODUCED H.189
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(b) Selling or dispensing. 1
(1)(A) A Except as otherwise provided in subdivision (B) of this 2
subdivision (1), a person knowingly and unlawfully dispensing lysergic acid 3
diethylamide shall be imprisoned not more than three years or fined not more 4
than $25,000.00, or both. 5
(B) A person knowingly dispensing lysergic acid diethylamide in an 6
amount equal to or less than a benchmark personal use supply shall not be 7
subject to a criminal or civil penalty but shall be provided health needs 8
screening information pursuant to section 4240b of this title. 9
(C) A person knowingly and unlawfully selling lysergic acid 10
diethylamide shall be imprisoned not more than five years or fined not more 11
than $25,000.00, or both. 12
(2) A person knowingly and unlawfully selling or dispensing lysergic 13
acid diethylamide in an amount consisting of 100 milligrams or more of one or 14
more preparations, compounds, mixtures, or substances containing lysergic 15
acid diethylamide shall be imprisoned not more than 10 years or fined not 16
more than $100,000.00, or both. 17
(3) A person knowingly and unlawfully selling or dispensing lysergic 18
acid diethylamide in an amount consisting of one gram or more of one or more 19
preparations, compounds, mixtures, or substances containing lysergic acid 20 BILL AS INTRODUCED H.189
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diethylamide shall be imprisoned not more than 20 years or fined not more 1
than $500,000.00, or both. 2
Sec. 7. 18 V.S.A. § 4233 is amended to read: 3
§ 4233. HEROIN 4
(a) Possession. 5
(1)(A) A Except as otherwise provided in subdivision (B) of this 6
subdivision (1), a person knowingly and unlawfully possessing heroin shall be 7
imprisoned not more than one year or fined not more than $2,000.00, or both. 8
(B) A person knowingly possessing heroin in an amount equal to or 9
less than a benchmark personal use supply shall not be subject to a criminal or 10
civil penalty but shall be provided health needs screening information pursuant 11
to section 4240b of this title. 12
(2) A person knowingly and unlawfully possessing heroin in an amount 13
consisting of 200 milligrams or more of one or more preparations, compounds, 14
mixtures, or substances containing heroin shall be imprisoned not more than 15
five years or fined not more than $100,000.00, or both. 16
(3) A person knowingly and unlawfully possessing heroin in an amount 17
consisting of one gram or more of one or more preparations, compounds, 18
mixtures, or substances containing heroin shall be imprisoned not more than 19
10 years or fined not more than $250,000.00, or both. 20 BILL AS INTRODUCED H.189
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(4) A person knowingly and unlawfully possessing heroin in an amount 1
consisting of two grams or more of one or more preparations, compounds, 2
mixtures, or substances containing heroin shall be imprisoned not more than 3
20 years or fined not more than $1,000,000.00, or both. 4
(b) Selling or dispensing. 5
(1)(A) A Except as otherwise provided in subdivision (B) of this 6
subdivision (1), a person knowingly and unlawfully dispensing heroin shall be 7
imprisoned not more than three years or fined not more than $75,000.00, or 8
both. 9
(B) A person knowingly dispensing heroin in an amount equal to or 10
less than a benchmark personal use supply shall not be subject to a criminal or 11
civil penalty but shall be provided health needs screening information pursuant 12
to section 4240b of this title. 13
(C) A person knowingly and unlawfully selling heroin shall be 14
imprisoned not more than five years or fined not more than $100,000.00, or 15
both. 16
(2) A person knowingly and unlawfully selling or dispensing heroin in 17
an amount consisting of 200 milligrams or more of one or more preparations, 18
compounds, mixtures, or substances containing heroin shall be imprisoned not 19
more than 10 years or fined not more than $250,000.00, or both. 20 BILL AS INTRODUCED H.189
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(3) A person knowingly and unlawfully selling or dispensing heroin in 1
an amount consisting of one gram or more of one or more preparations, 2
compounds, mixtures, or substances containing heroin shall be imprisoned not 3
more than 20 years or fined not more than $1,000,000.00, or both. 4
* * * 5
Sec. 8. 18 V.S.A. § 4233a is amended to read: 6
§ 4233a. FENTANYL 7
(a) Selling or dispensing. 8
(1)(A) A Except as otherwise provided in subdivision (B) of this 9
subdivision (1), a person knowingly and unlawfully dispensing fentanyl shall 10
be imprisoned not more than three years or fined not more than $75,000.00, or 11
both. A person knowingly and unlawfully selling fentanyl shall be imprisoned 12
not more than five years or fined not more than $100,000.00, or both. 13
(B) A person knowingly dispensing fentanyl in an amount equal to or 14
less than a benchmark personal use supply shall not be subject to a criminal or 15
civil penalty but shall be provided health needs screening information pursuant 16
to section 4240b of this title. 17
(2) A person knowingly and unlawfully selling or dispensing fentanyl in 18
an amount consisting of four milligrams or more of one or more preparations, 19
compounds, mixtures, or substances containing fentanyl shall be imprisoned 20
not more than 10 years or fined not more than $250,000.00, or both. 21 BILL AS INTRODUCED H.189
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(3) A person knowingly and unlawfully selling or dispensing fentanyl in 1
an amount consisting of 20 milligrams or more of one or more preparations, 2
compounds, mixtures, or substances containing fentanyl shall be imprisoned 3
not more than 20 years or fined not more than $1,000,000.00, or both. 4
(4) In lieu of a charge under this subsection, but in addition to any other 5
penalties provided by law, a person knowingly and unlawfully selling or 6
dispensing any regulated drug containing a detectable amount of fentanyl shall 7
be imprisoned not more than five years or fined not more than $250,000.00, or 8
both. 9
* * * 10
Sec. 9. 18 V.S.A. § 4233b is amended to read: 11
§ 4233b. XYLAZINE 12
* * * 13
(c)(1) A Except as otherwise provided in subdivision (2) of this subsection, 14
a person knowingly and unlawfully dispensing xylazine shall be imprisoned 15
not more than three years or fined not more than $75,000.00, or both. A 16
person knowingly and unlawfully selling xylazine shall be imprisoned not 17
more than five years or fined not more than $100,000.00, or both. 18
(2) A person knowingly dispensing xylazine in an amount equal to or 19
less than a benchmark personal use supply shall not be subject to a criminal or 20 BILL AS INTRODUCED H.189
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civil penalty but shall be provided health needs screening information pursuant 1
to section 4240b of this title. 2
* * * 3
Sec. 10. 18 V.S.A. § 4234 is amended to read: 4
§ 4234. DEPRESSANT, STIMULANT, AND NARCOTIC DRUGS 5
(a) Possession. 6
(1)(A) Except as provided by subdivision subdivisions (B) and (C) of 7
this subdivision (1), a person knowingly and unlawfully possessing a 8
depressant, stimulant, or narcotic drug, other than heroin or cocaine, shall be 9
imprisoned not more than one year or fined not more than $2,000.00, or both. 10
(B) A person knowingly and unlawfully possessing 224 milligrams 11
or less of buprenorphine shall not be punished in accordance with subdivision 12
(A) of this subdivision (1). 13
(C) A person knowingly possessing a depressant, stimulant, or 14
narcotic drug, other than heroin or cocaine, in an amount equal to or less than a 15
benchmark personal use supply shall not be subject to a criminal or civil 16
penalty but shall be provided health needs screening information pursuant to 17
section 4240b of this title. For buprenorphine, this subdivision (1)(C) shall 18
apply to an amount of more than 224 milligrams but equal to or less than a 19
benchmark personal use supply. 20 BILL AS INTRODUCED H.189
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(2) A person knowingly and unlawfully possessing a depressant, 1
stimulant, or narcotic drug, other than heroin or cocaine, consisting of 100 2
times a benchmark unlawful dosage or its equivalent shall be imprisoned not 3
more than five years or fined not more than $25,000.00, or both. 4
(3) A person knowingly and unlawfully possessing a depressant, 5
stimulant, or narcotic drug, other than heroin or cocaine, consisting of 1,000 6
times a benchmark unlawful dosage or its equivalent shall be imprisoned not 7
more than 10 years or fined not more than $100,000.00, or both. 8
(4) A person knowingly and unlawfully possessing a depressant, 9
stimulant, or narcotic drug, other than heroin or cocaine, consisting of 10,000 10
times a benchmark unlawful dosage or its equivalent shall be imprisoned not 11
more than 20 years or fined not more than $500,000.00, or both. 12
(b) Selling or dispensing. 13
(1)(A) A Except as otherwise provided in subdivision (B) of this 14
subdivision (1), a person knowingly and unlawfully dispensing a depressant, 15
stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, shall be 16
imprisoned not more than three years or fined not more than $75,000.00, or 17
both. 18
(B) A person knowingly dispensing a depressant, stimulant, or 19
narcotic drug, other than fentanyl, heroin, or cocaine, in an amount less than a 20
benchmark personal use supply shall not be subject to a criminal or civil 21 BILL AS INTRODUCED H.189
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penalty but shall be provided health needs screening information pursuant to 1
section 4240b of this title. 2
(2) A person knowingly and unlawfully selling a depressant, stimulant, 3
or narcotic drug, other than fentanyl, cocaine, or heroin, shall be imprisoned 4
not more than five years or fined not more than $25,000.00, or both. 5
(2)(3) A person knowingly and unlawfully selling or dispensing a 6
depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, 7
consisting of 100 times a benchmark unlawful dosage or its equivalent, shall be 8
imprisoned not more than 10 years or fined not more than $100,000.00, or 9
both. 10
(3)(4) A person knowingly and unlawfully selling or dispensing a 11
depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine, 12
consisting of 1,000 times a benchmark unlawful dosage or its equivalent shall 13
be imprisoned not more than 20 years or fined not more than $500,000.00, or 14
both. 15
(4)(5) As used in this subsection, “knowingly” means: 16
(A) the defendant had actual knowledge that one or more 17
preparations, compounds, mixtures, or substances contained the regulated drug 18
identified in the applicable section of this chapter; or 19
(B) the defendant: 20 BILL AS INTRODUCED H.189
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(i) was aware that there is a high probability that one or more 1
preparations, compounds, mixtures, or substances contained the regulated drug 2
identified in the applicable section of this chapter; and 3
(ii) took deliberate actions to avoid learning that one or more 4
preparations, compounds, mixtures, or substances contained the regulated drug 5
identified in the applicable section of this chapter. 6
(c) Possession of buprenorphine by a person under 21 years of age. 7
(1) Except as provided in subdivision (2) of this subsection, a person 8
under 21 years of age who knowingly and unlawfully possesses 224 9
milligrams or less of buprenorphine commits a civil violation and shall be 10
subject to the provisions of section 4230b of this title. 11
(2) A person under 16 years of age who knowingly and unlawfully 12
possesses 224 milligrams or less of buprenorphine commits a delinquent act 13
and shall be subject to the provisions of section 4230j of this title. 14
Sec. 11. 18 V.S.A. § 4234a is amended to read: 15
§ 4234a. METHAMPHETAMINE 16
(a) Possession. 17
(1)(A) A Except as otherwise provided in subdivision (B) of this 18
subdivision (1), a person knowingly and unlawfully possessing 19
methamphetamine shall be imprisoned not more than one year or fined not 20
more than $2,000.00, or both. 21 BILL AS INTRODUCED H.189
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(B) A person knowingly possessing methamphetamine in an amount 1
equal to or less than a benchmark personal use supply shall not be subject to a 2
criminal or civil penalty but shall be provided health needs screening 3
information pursuant to section 4240b of this title. 4
(2) A person knowingly and unlawfully possessing methamphetamine in 5
an amount consisting of 2.5 grams or more of one or more preparations, 6
compounds, mixtures, or substances containing methamphetamine shall be 7
imprisoned not more than five years or fined not more than $100,000.00, or 8
both. 9
(3) A person knowingly and unlawfully possessing methamphetamine in 10
an amount consisting of 25 grams or more of one or more preparations, 11
compounds, mixtures, or substances containing methamphetamine shall be 12
imprisoned not more than 10 years or fined not more than $250,000.00, or 13
both. 14
(b) Selling and dispensing. 15
(1)(A) A Except as otherwise provided in subdivision (B) of this 16
subdivision (1), a person knowingly and unlawfully dispensing 17
methamphetamine shall be imprisoned not more than three years or fined not 18
more than $75,000.00, or both. 19
(B) A person knowingly dispensing methamphetamine in an amount 20
equal to or less than a benchmark personal use supply shall not be subject to a 21 BILL AS INTRODUCED H.189
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criminal or civil penalty but shall be provided health needs screening 1
information pursuant to section 4240b of this title. 2
(C) A person knowingly and unlawfully selling methamphetamine 3
shall be imprisoned not more than five years or fined not more than 4
$100,000.00, or both. 5
(2) A person knowingly and unlawfully selling or dispensing 6
methamphetamine in an amount consisting of 2.5 grams or more of one or 7
more preparations, compounds, mixtures, or substances containing 8
methamphetamine shall be imprisoned not more than 10 years or fined not 9
more than $250,000.00, or both. 10
(3) A person knowingly and unlawfully selling or dispensing 11
methamphetamine in an amount consisting of 25 grams or more of one or more 12
preparations, compounds, mixtures, or substances containing 13
methamphetamine shall be imprisoned not more than 20 years or fined not 14
more than $1,000,000.00, or both. 15
* * * 16
Sec. 12. 18 V.S.A. § 4234b is amended to read: 17
§ 4234b. EPHEDRINE AND PSEUDOEPHEDRINE 18
(a) Possession. 19
(1) No person shall knowingly and unlawfully possess a drug product 20
containing ephedrine base, pseudoephedrine base, or phenylpropanolamine 21 BILL AS INTRODUCED H.189
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base with the intent to use the product as a precursor to manufacture 1
methamphetamine or another controlled substance. 2
(2) A person who violates this subsection shall: 3
(A) if the offense involves possession of an amount equal to or less 4
than a benchmark personal use supply, shall not be subject to a criminal or 5
civil penalty but shall be provided health needs screening information pursuant 6
to section 4240b of this title; 7
(B) if the offense involves possession of less than nine grams of 8
ephedrine base, pseudoephedrine base, or phenylpropanolamine base, shall be 9
imprisoned not more than one year or fined not more than $2,000.00, or both; 10
or 11
(B)(C) if the offense involves possession of nine or more grams of 12
ephedrine base, pseudoephedrine base, or phenylpropanolamine base, shall be 13
imprisoned not more than five years or fined not more than $100,000.00, or 14
both. 15
* * * 16
Sec. 13. 18 V.S.A. § 4235 is amended to read: 17
§ 4235. HALLUCINOGENIC DRUGS 18
(a) “Dose” of a hallucinogenic drug means that minimum amount of a 19
hallucinogenic drug, not commonly used for therapeutic purposes, that causes 20
a substantial hallucinogenic effect. The Department of Health shall adopt rules 21 BILL AS INTRODUCED H.189
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that establish doses for hallucinogenic drugs. The Department may 1
incorporate, where applicable, dosage calculations or schedules, whether 2
described as “dosage equivalencies” or otherwise, established by the federal 3
government. 4
(b) Possession. 5
(1)(A) A Except as otherwise provided in subdivision (B) of this 6
subdivision (1), a person knowingly and unlawfully possessing a 7
hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned 8
not more than one year or fined not more than $2,000.00, or both. 9
(B) A person knowingly possessing a hallucinogenic drug, other than 10
lysergic acid diethylamide, in an amount equal to or less than a benchmark 11
personal use supply shall not be subject to a criminal or civil penalty but shall 12
be provided health needs screening information pursuant to section 4240b of 13
this title. 14
(2) A person knowingly and unlawfully possessing 10 or more doses of 15
a hallucinogenic drug, other than lysergic acid diethylamide, shall be 16
imprisoned not more than five years or fined not more than $25,000.00, or 17
both. 18
(3) A person knowingly and unlawfully possessing 100 or more doses of 19
a hallucinogenic drug, other than lysergic acid diethylamide, shall be 20 BILL AS INTRODUCED H.189
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imprisoned not more than 10 years or fined not more than $100,000.00, or 1
both. 2
(4) A person knowingly and unlawfully possessing 1,000 or more doses 3
of a hallucinogenic drug, other than lysergic acid diethylamide, shall be 4
imprisoned not more than 15 years or fined not more than $500,000.00, or 5
both. 6
(c) Selling or dispensing. 7
(1)(A) A Except as otherwise provided in subdivision (B) of this 8
subdivision (1), a person knowingly and unlawfully dispensing a 9
hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned 10
not more than three years or fined not more than $25,000.00, or both. 11
(B) A person knowingly dispensing a hallucinogenic drug, other than 12
lysergic acid diethylamide, in an amount equal to or less than a benchmark 13
personal use supply shall not be subject to a criminal or civil penalty but shall 14
be provided health needs screening information pursuant to section 4240b of 15
this title. 16
(C) A person knowingly and unlawfully selling a hallucinogenic 17
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 18
five years or fined not more than $25,000.00, or both. 19
(2) A person knowingly and unlawfully selling or dispensing 10 or more 20
doses of a hallucinogenic drug, other than lysergic acid diethylamide, shall be 21 BILL AS INTRODUCED H.189
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imprisoned not more than 10 years or fined not more than $100,000.00, or 1
both. 2
(3) A person knowingly and unlawfully selling or dispensing 100 or 3
more doses of a hallucinogenic drug, other than lysergic acid diethylamide, 4
shall be imprisoned not more than 15 years or fined not more than 5
$500,000.00, or both. 6
Sec. 14. 18 V.S.A. § 4235a is amended to read: 7
§ 4235a. ECSTASY 8
(a) Possession. 9
(1)(A) A Except as otherwise provided in subdivision (B) of this 10
subdivision (1), a person knowingly and unlawfully possessing Ecstasy shall 11
be imprisoned not more than one year or fined not more than $2,000.00, or 12
both. 13
(B) A person knowingly possessing Ecstasy in an amount equal to or 14
less than a benchmark personal use supply shall not be subject to a criminal or 15
civil penalty but shall be provided health needs screening information pursuant 16
to section 4240b of this title. 17
(2) A person knowingly and unlawfully possessing Ecstasy in an 18
amount consisting of two grams or more of one or more preparations, 19
compounds, mixtures, or substances containing Ecstasy shall be imprisoned 20
not more than five years or fined not more than $25,000.00, or both. 21 BILL AS INTRODUCED H.189
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(3) A person knowingly and unlawfully possessing Ecstasy in an 1
amount consisting of 20 grams or more of one or more preparations, 2
compounds, mixtures, or substances containing Ecstasy shall be imprisoned 3
not more than 10 years or fined not more than $100,000.00, or both. 4
(4) A person knowingly and unlawfully possessing Ecstasy in an 5
amount consisting of seven ounces or more of one or more preparations, 6
compounds, mixtures, or substances containing Ecstasy shall be imprisoned 7
not more than 20 years or fined not more than $500,000.00, or both. 8
(b) Selling or dispensing. 9
(1)(A) A Except as otherwise provided in subdivision (B) of this 10
subdivision (1), a person knowingly and unlawfully dispensing Ecstasy shall 11
be imprisoned not more than three years or fined not more than $25,000.00, or 12
both. 13
(B) A person knowingly dispensing Ecstasy in an amount equal to or 14
less than a benchmark personal use supply shall not be subject to a criminal or 15
civil penalty but shall be provided health needs screening information pursuant 16
to section 4240b of this title. 17
(C) A person knowingly and unlawfully selling Ecstasy shall be 18
imprisoned not more than five years or fined not more than $25,000.00, or 19
both. 20 BILL AS INTRODUCED H.189
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(2) A person knowingly and unlawfully selling or dispensing Ecstasy in 1
an amount consisting of two grams or more of one or more preparations, 2
compounds, mixtures, or substances containing Ecstasy shall be imprisoned 3
not more than 10 years or fined not more than $100,000.00, or both. 4
(3) A person knowingly and unlawfully selling or dispensing Ecstasy in 5
an amount consisting of 20 grams or more of one or more preparations, 6
compounds, mixtures, or substances containing Ecstasy shall be imprisoned 7
not more than 20 years or fined not more than $500,000.00, or both. 8
Sec. 15. 18 V.S.A. § 4240b is added to read: 9
§ 4240b. HEALTH NEEDS SCREENING 10
(a) A person who is in contact with law enforcement or emergency 11
response personnel and determined to be in possession of or dispensing a 12
quantity not greater than the benchmark personal use supply of a regulated 13
drug shall be offered a comprehensive health needs screening from the VT 14
Helplink Alcohol and Drug Support Center and provided contact information 15
for locally available harm reduction service providers. A person who 16
completes the screening shall be eligible to receive a gift card with a retail 17
value of $50.00. 18
(b) VT Helplink shall develop a standard referral form for screenings. A 19
law enforcement officer shall provide the referral form to any person 20 BILL AS INTRODUCED H.189
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possessing or dispensing an amount of a regulated drug not greater than the 1
benchmark personal use supply of such drug. 2
(c) Completion or participation in a health screening pursuant to this 3
section shall not be deemed an admission of any kind by the person 4
participating in such screening and shall not be admissible as evidence in any 5
court proceeding. 6
Sec. 16. 18 V.S.A. § 4240c is added to read: 7
§ 4240c. SUBSTANCE PREVENTION AND SUPPORT SPECIAL FUNDS 8
(a) Substance Use Prevention Special Fund. 9
(1) Creation. There is established the Substance Use Prevention Special 10
Fund to be administered by the Department of Health in accordance with 11
32 V.S.A. chapter 7, subchapter 5. 12
(2) Purpose. Appropriations from the Substance Use Prevention Special 13
Fund shall only be used to fund substance use prevention programming. 14
(3) Revenue. The Substance Use Prevention Special Fund shall consist 15
of 30 percent of the revenues raised by the cannabis excise tax imposed by 16
32 V.S.A. § 7902, not to exceed $10,000,000.00 per fiscal year. 17
(b) Community Care, Health, and Safety Special Fund. 18
(1) Creation. There is established the Community Care, Health, and 19
Safety Special Fund to be administered by the Department of Health in 20
accordance with 32 V.S.A. chapter 7, subchapter 5. 21 BILL AS INTRODUCED H.189
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(2) Purpose. Appropriations from the Community Care, Health, and 1
Safety Special Fund shall only be used to provide grants and funding to 2
organizations and service providers in this State to increase voluntary access to 3
care for individuals with substance use-related health needs, as set forth in this 4
subdivision. Grants from the Community Care, Health, and Safety Special 5
Fund shall be issued by the Department of Health, based on the 6
recommendations of the Drug Use Health and Safety Advisory Board, on an 7
annual basis for the following services and any other related services necessary 8
to meet the needs of all individuals with substance use-related health needs 9
who voluntarily seek services in any county in the State: 10
(A) The establishment and operation of a network of community care 11
resource centers to provide health and harm reduction services. A resource 12
center may be a new facility or an expansion of an existing facility. A resource 13
center shall provide, to the extent possible, all of the following: 14
(i) immediate screening of the acute needs of persons who use 15
drugs and linkage to appropriate services; 16
(ii) health needs screenings, as developed in accordance with 17
section 4240b of this title, that shall be made available in person and through 18
telephonic and electronic means; 19
(iii) individual health needs planning that prioritizes the self-20
identified needs of the individual and may address the individual’s need and 21 BILL AS INTRODUCED H.189
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desire for substance use disorder treatment, care for co-occurring health 1
conditions, housing, employment and training, child care, and other services; 2
(iv) a drop-in facility that provides a welcoming environment for 3
individuals who may be intoxicated to receive care, nutrition, hydration, 4
hygiene services, and clothing; 5
(v) services and education focusing on reducing the potential harm 6
of drug use, including overdose prevention education, access to naloxone 7
hydrochloride and sterile syringes, stimulant-specific drug education and 8
outreach, and drug checking; 9
(vi) direct connection to short-term accommodations for 10
individuals who are awaiting admission to or coordination of higher levels of 11
care; and 12
(vii) direct handoffs to and coordinated care with other services. 13
(B) Intensive case management for individuals with substance use-14
related health needs to connect individuals to care as necessary and as desired 15
by the individual. 16
(C) Ongoing peer counseling, support, and recovery services for 17
individuals with substance use-related health needs, as well as peer outreach 18
workers to engage directly with communities that could potentially benefit 19
from services. 20 BILL AS INTRODUCED H.189
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(D) Services and education focusing on reducing the potential harm 1
of drug use, including overdose prevention education; access to naloxone, 2
hydrochloride, and sterile syringes; stimulant-specific drug education and 3
outreach; drug-checking services; and overdose prevention centers. 4
(E) Low-barrier substance use disorder treatment that does not 5
require abstinence. 6
(F) Medications for substance use disorder, including mobile and 7
remote access to telehealth for consultations and prescribing. 8
(G) Medically managed withdrawal services. 9
(H) Recovery community centers. 10
(I) Non-law-enforcement mobile outreach teams that can engage and 11
provide services for individuals with substance use-related health and mental 12
health needs, including crisis services, administration of needs assessments, 13
and connections with other service providers. 14
(J) Transportation to any necessary services. 15
(K) Programs and services for at-risk youth. 16
(3) Revenue. The Community Care, Health, and Safety Special Fund 17
shall consist of: 18
(A) 40 percent of the revenues raised by the cannabis excise tax 19
imposed by 32 V.S.A. § 7902; 20 BILL AS INTRODUCED H.189
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(B) 15 percent of any monies disbursed to the Opioid Abatement 1
Special Fund pursuant to section 4774 of this title; and 2
(C) an amount equal to the total annual reduction in expenditures 3
projected to result from the elimination of criminal penalties for individuals in 4
possession of personal use quantities of criminal substances in Vermont as 5
determined by the Secretary of Administration and transferred from the 6
General Fund by the General Assembly. 7
Sec. 17. 18 V.S.A. § 4774 is amended to read: 8
§ 4774. OPIOID ABATEMENT SPECIAL FUND 9
(a)(1) There is created the Opioid Abatement Special Fund, a special fund 10
established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and 11
administered by the Department of Health. The Opioid Abatement Special 12
Fund shall consist of all abatement account fund monies disbursed to the 13
Department from the national abatement account fund, the national opioid 14
abatement trust, the supplemental opioid abatement fund, or any other 15
settlement funds that must be utilized exclusively for opioid prevention, 16
intervention, treatment, recovery, and harm reduction services. 17
* * * 18
(b) Expenditures from the Opioid Abatement Special Fund shall be used 19
for the following opioid prevention, intervention, treatment, recovery, harm 20
reduction, and evaluation activities: 21 BILL AS INTRODUCED H.189
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* * * 1
(12) implementing other evidence-based or evidence-informed programs 2
or strategies that support prevention, harm reduction, treatment, or recovery of 3
opioid use disorder and any co-occurring substance use or mental health 4
disorder; and 5
(13) the transfer of 15 percent of any monies disbursed to the Opioid 6
Abatement Special Fund to the Community Care, Health, and Safety Special 7
Fund as required pursuant to subdivision 4240c(b)(3)(B) of this title; and 8
(14) the cost of the administrative, technical, and legal assistance 9
provided to the Advisory Committee by the Department of Health. 10
(c) Priority for expenditures from the Opioid Abatement Special Fund shall 11
be aimed at reducing overdose deaths, including the following: 12
* * * 13
(8) expanding syringe service programs, specifically providing 14
comprehensive syringe services programs with more wraparound services, 15
including linkages to opioid use disorder treatment, access to sterile syringes, 16
and linkages to care and treatment of infectious diseases; and 17
(9) facilitating evidence-based or evidence-informed data collection and 18
research analyzing and evaluating the effectiveness of the abatement strategies 19
within Vermont; and 20 BILL AS INTRODUCED H.189
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(10) expenditures from the Community Care, Health, and Safety Special 1
Fund as authorized under subdivision 4240c(b)(2) of this title. 2
Sec. 18. 32 V.S.A. § 7909 is amended to read: 3
§ 7909. SUBSTANCE MISUSE PREVENTION FUNDING 4
(a) Thirty percent of the revenues raised by the cannabis excise tax 5
imposed by section 7902 of this title, not to exceed $10,000,000.00 per fiscal 6
year, shall be used to fund substance misuse prevention programming in the 7
subsequent fiscal year. 8
(b) If any General Fund appropriations for substance misuse prevention 9
programming remain unexpended at the end of a fiscal year, that balance shall 10
be carried forward and shall only be used for the purpose of funding substance 11
misuse prevention programming in the subsequent fiscal year. 12
(c) Any appropriation balance carried forward pursuant to subsection (b) of 13
this section shall be in addition to revenues allocated for substance misuse 14
prevention programming pursuant to subsection (a) of this section. [Repealed.] 15
Sec. 19. IMPLEMENTATION 16
(a) The Secretary of Administration shall report to the General Assembly 17
regarding the budgetary impacts that are projected to result from the 18
elimination of criminal penalties for individuals in possession of personal use 19
quantities of regulated drugs in Vermont not later than January 15, 2026. The 20
report shall analyze any budgetary impacts such as reductions in expenditures 21 BILL AS INTRODUCED H.189
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throughout the criminal justice system and, notwithstanding 2 V.S.A. § 20, 1
shall be updated by the Secretary of Administration as necessary. 2
(b) The 30 percent of the unexpended and unobligated balance of the 3
Cannabis Regulation Fund that is transferred to the General Fund pursuant to 4
7 V.S.A. § 845(d)(1) and 32 V.S.A. § 7909 that is not expended by 5
December 31, 2025 and any other revenue from the cannabis excise tax that is 6
appropriated for substance use prevention programming pursuant to 32 V.S.A. 7
§ 7909 that is not expended by December 31, 2025 shall be transferred to the 8
Substance Use Prevention Special Fund not later than April 1, 2026. 9
Sec. 20. EFFECTIVE DATES 10
(a) This section and Secs. 1 (findings), 2 (definitions), 3 (Department of 11
Health), 4 (Drug Use Health and Safety Advisory Board), and 19 12
(implementation) shall take effect on passage. 13
(b) Secs. 5–18 shall take effect on January 1, 2026. 14