Tourists from States which have already legalized marijuana,
Colorado and Washington, and students from those states
who are used to having the freedom to smoke marijuana
without the government sticking its prying nose into
their personal business,
had better show up with hundred dollar bills to pass out
to police if the marijuana "decriminalizaton" bill passes
which requires a $100. fine for smoking pot and getting caught
in Vermont.

WE NEED TO END MARIJUANA PROHIBITION AND MAKE AN
AMENDMENT TO THE VERMONT STATE CONSTITUTION
MAKING MARIJUANA LEGAL.

THE GOVERNMENT HAS GROWN LIKE CANCER AND IS
OUT OF CONTROL ABUSING OUR RIGHTS TO PRIVACY
AND FREEDOM OF CHOICE!

Will the New Vermont PROPOSED Marijuana
Decrminalization Bill Pass
and Go Into Effect July 1, 2013?

Will the new proposed marijuana decriminalization
Bill be passed in Vermont and go into effect
July 1, 2013; and will the $100. fine for possessing
under one ounce of marijuana be disproportionately
HIGH for low income Vermonters, and less than a
slap on the wrist for upper middle class and
wealthy Vermonters? Should all fines be based
on income so that the poor are not unfairly
severely punished in comparison to the rich?
Isn't it time to take the HUGE disparity between
the wealthy and the poor into account when
creating fines in specific dollar amounts for
civil penalties?

If you care about children and families,
then please
ask the members of the General Assembly who
are working on the marijuana decriminalization
bill to change the fine structure.

Right now,
the $100. civil fine drastically punishes low
income households, steals food right out
of the mouths of children, and is less than a
slap on the rich to upper income and wealthy
Vermonters

This marijuana decriminalization
bill is designed to benefit wealthy people
like Governor Peter Shumlin who can afford
to pay this $100. fine every day for the
pleasure of having his pipe at home in the
evening.

The proposed $100. civil fine under
the proposed marijuana decriminalization bill
is a huge amount of money for low income
Vermonters
and a drop in the bucket for the rich.

Too many laws never really punish the wealthy,
but over-burden low income people.

If you are a low income Vermonter and your
spouse or significant other gets caught
with less than an ounce of marijuana,
under the new decriminalization bill your
family household would suffer the loss of
$100. which
will take food out of your childrens' mouths.

If you earn an upper middle income or
wealthy income, you'll just laugh at the
$100. fine and pay it easily.

Because there is such a HUGE disparity in
income, all fines should be based on
a person's family income.

The Vermont Legislative
2013 - 2014 Legislative Session
Bill: S. 48
Title: AN ACT RELATING TO DECRIMINALIZATION
OF POSSESSION OF
ONE OUNCE OR LESS OF MARIJUANA
Sponsor(s): Benning, Joe
Baruth, Philip
Ashe, Tim
Cummings, Ann
Legal Staff: Childs
1/23/2013 SJ 11 P. 49
Senate floor action Read 1st time
& referred to Committee on Judiciary
BILL AS INTRODUCED S.48
2013 Page 1 of 6
VT LEG #284572 v.1
S.48
Introduced by Senators Benning,
Baruth, Ashe, Cummings, Fox, McCormack,
Pollina, White, and Zuckerman
Referred to Committee on
Date:
Subject: Health; regulated drugs; marijuana
Statement of purpose of bill as introduced:
This bill proposes to change the
penalty for possession of an ounce or less
of marijuana by a person 21 years of
age or older from a criminal misdemeanor
to a civil fine. A person who is
under the age of 21 who is caugh
in possession of an ounce or less of
marijuana is subject to the same penalties
as provided in law for underage
possession of alcohol. Fines collected
by the Judicial Bureau for enforcement
of the civil penalties established in this bill
shall be divided between the State
for funding of law enforcement officers
on the drug task force and the Court
Diversion Program for funding of the
Teen Drug Awareness and Safety
Program.
An act relating to decriminalization of
possession of one ounce or less of
marijuana
It is hereby enacted by the
General Assembly of the State of Vermont:
2013 Page 2 of 6
VT LEG #284572 v.1

Sec. 1. 18 V.S.A. § 4230 is amended to read:

§ 4230. MARIJUANA

(a) Possession and cultivation.

(1) A person knowingly and unlawfully
possessing marijuana in an
amount consisting of one or more preparations,
compounds, mixtures, or
substances of an aggregate weight
of
more than one ounce
containing any
marijuana shall be imprisoned
not more than six months
or fined not more than
$500.00, or both.
A person convicted of a second
or subsequent offense under
this subdivision shall be imprisoned
not more than two years
or fined not more
than $2,000.00, or both.
Upon an adjudication of guilt
for a first 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.
2013 Page 3 of 6
VT LEG #284572 v.1

Sec. 2. 18 V.S.A. § 4230a is added to read:

§ 4230a. MARIJUANA; CIVIL PENALTY

(a) No person shall knowingly and unlawfully
possess marijuana in an
amount consisting of one or more
preparations, compounds, mixtures, or
substances of an aggregate
weight
of one ounce or less
containing any
marijuana.

(b) A person 21 years of age
or older who violates this section shall be
assessed a civil penalty
of not more than $100.00.
For a fifth or subsequent
violation of this section,
a person 21 years of age or older
shall be fined not
more than $500.00.
(c)(1) Except as otherwise provided
in this section, a person under the age
of 21 who violates subsection
(a) of this section shall be punished in
accordance with the provisions
set forth in 7 V.S.A. §§ 656 and 657, regarding
minors misrepresenting age and procuring,
possessing, or consuming liquors.
(2) In lieu of the
Teen Alcohol Safety Program
required pursuant to
7 V.S.A. §§ 656 and 657,
the diversion board shall register
the person for a
Teen Drug Awareness and Safety Program.
The Program, which the diversion
board shall establish pursuant
to this section, shall provide
at least four hours
of classroom instruction
or group discussion and
ten hours of community
service. The subject matter of the Program
shall be specific to the use and
2013 Page 4 of 6
VT LEG #284572 v.1
abuse of marijuana and other regulated drugs,
with particular emphasis on
early detection and prevention of drug abuse.

(d)(1) Except as otherwise provided
in this section, a person who possesses
one ounce or less of marijuana 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,
including:
(A) denying the offender
student financial aid,
unemployment
benefits,
public housing,
or any other
form of public financial assistance;
(B) denying the offender’s right
to operate a motor vehicle; or
(C) disqualifying an offender
from serving as a foster or adoptive
parent.
(2) A violation of this section shall not
result in the creation of a
criminal history record of any kind,
and no information about the violation
shall be maintained in
any criminal record or database.
(e) This section shall not:
(1) exempt any person from arrest
or prosecution for being under the
influence of marijuana
while operating a vehicle
of any kind;
(2) be construed to repeal or modify
existing laws or policies concerning
the operation of vehicles
of any kind while
under the influence of marijuana;
2013 Page 5 of 6
VT LEG #284572 v.1
(3) be construed to prohibit a municipality
from regulating, prohibiting,
or providing additional penalties
for the use of marijuana in public places;
(4) be construed to limit the authority
of primary and secondary schools
to impose noncriminal penalties
for the possession of marijuana on school
property; 5
(5) be construed to affect the search
and seizure laws afforded to duly
authorized law enforcement officers
under the laws of this State.
(f) If a person suspected of violating
this section challenges the presence of
cannabinoids, the person may request
that the state crime laboratory test the
substance at the person’s expense.
If the substance tests negative for the
presence of cannabinoids, the State
shall reimburse the person at state expense.
(g) Upon request by a law enforcement
officer who reasonably suspects
that a person has committed or is
committing a violation of this section, the
person shall give his or her name
and address to the law enforcement officer
and shall produce a Vermont operator’s
license, a Vermont identification card,
a passport, or another suitable form
of identification.
(h) The enforcement of this section by
villages, towns, and cities shall be
by a local law enforcement officer
or a law enforcement officer by contract
with the village, town, or city.
Law enforcement officers under this subsection
shall have met minimum training
requirements as provided in 20 V.S.A.
§ 2358.
2013 Page 6 of 6
VT LEG #284572 v.1
(i) Fifty percent of the fines imposed by the
Judicial Bureau for violations
of this section shall be retained
by the state for the funding of law enforcement
officers on the drug task force
except for a $12.50 administrative charge for
each violation which shall be retained by the State.
The remaining 50 percent
shall be paid to the Court Diversion Program
for funding of the Teen Drug
Awareness and Safety Program
as required by this section.
Sec. 3. 4 V.S.A. § 1102 is amended to read:
§ 1102. JUDICIAL BUREAU; JURISDICTION
(b) The judicial bureau Judicial Bureau
shall have jurisdiction of the
following matters:
(24) Violations of 18 V.S.A. § 4230a,
relating to possession of one
ounce or less of marijuana.
Sec. 4. EFFECTIVE DATE
This act shall take effect on July 1, 2013.