Vermont

Implied Consent Laws

Drugs

1202 - Learn More
(a)(1) Implied consent. Every person who operates, attempts to operate, or is in actual physical control of any vehicle on a highway in this State is deemed to have given consent to an evidentiary test of that person's breath for the purpose of determining the person's alcohol concentration or the presence of other drug in the blood. The test shall be administered at the direction of a law enforcement officer.

Blood

Yes 1202(a)(2)
(2) Blood test. If breath testing equipment is not reasonably available or if the officer has reason to believe that the person is unable to give a sufficient sample of breath for testing or if the law enforcement officer has reasonable grounds to believe that the person is under the influence of a drug other than alcohol, the person is deemed to have given consent to the taking of an evidentiary sample of blood. If in the officer's opinion the person is incapable of decision or unconscious or dead, it is deemed that the person's consent is given and a sample of blood shall be taken.

Urine

No

Oral Fluids

Yes 1202(a)(3)
(3) Saliva test. If the law enforcement officer has reasonable grounds to believe that the person is under the influence of a drug other than alcohol, or under the combined influence of alcohol and a drug, the person is deemed to have given consent to providing of an evidentiary sample of saliva. A saliva test sought pursuant to this subdivision (3) shall be obtained pursuant to subsection (f) of this section. Any saliva test administered under this section shall be used only for the limited purpose of detecting the presence of a drug in the person's body and shall not be used to extract DNA information.

Other

Yes
Breath See above 1202(a)(1)

DUI Statutes

Drugs

1201 - Learn More
(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:
(1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a vehicle when the operation requires an operator's license with a school bus endorsement; or
(2) when the person is under the influence of alcohol; or
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug
1218 Learn More
(a) A person shall not operate, attempt to operate, or be in actual physical control of a commercial motor vehicle:,
(1) when the person's alcohol concentration is 0.04 or more; or
(2) when the person is under the influence of alcohol; or
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely.
(b) A violation of this section shall result in disqualification from driving a commercial motor vehicle as provided in section 4116 of this title or in suspension of the privilege to operate a commercial motor vehicle as provided in section 4116a of this title. Those provisions of section 1205 of this title that establish a procedure for civil suspensions shall apply to this section, except that where that section refers to alcohol concentration it shall be deemed to refer to an alcohol concentration of 0.04.

Combined/Multiple Substance

1201 - Learn More
(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:
(1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a vehicle when the operation requires an operator's license with a school bus endorsement; or
(2) when the person is under the influence of alcohol; or
3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug
1218 Learn More
a) A person shall not operate, attempt to operate, or be in actual physical control of a commercial motor vehicle:
(1) when the person's alcohol concentration is 0.04 or more; or
(2) when the person is under the influence of alcohol; or
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely.
(b) A violation of this section shall result in disqualification from driving a commercial motor vehicle as provided in section 4116 of this title or in suspension of the privilege to operate a commercial motor vehicle as provided in section 4116a of this title. Those provisions of section 1205 of this title that establish a procedure for civil suspensions shall apply to this section, except that where that section refers to alcohol concentration it shall be deemed to refer to an alcohol concentration of 0.04.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

1202 - Learn More
Suspension of driving privileges for at least six months.
Effective 1/1/22: (f)(1) If a blood test is sought from a person pursuant to subdivision (a)(2) of this section, or if a person who has been involved in a crash or collision resulting in serious bodily injury or death to another refuses an evidentiary test, a law enforcement officer may apply for a search warrant pursuant to Rule 41 of the Vermont Rules of Criminal Procedure to obtain a sample of blood for an evidentiary test. Pursuant to subdivision (d)(6) of this section, if a blood sample is obtained by search warrant, the fact of the refusal may still be introduced in evidence, in addition to the results of the evidentiary test. Once a law enforcement official begins the application process for a search warrant, the law enforcement official is not obligated to discontinue the process even if the person later agrees to provide an evidentiary sample. The limitation created by Rule 41(g) of the Vermont Rules of Criminal Procedure regarding blood specimens shall not apply to search warrants authorized by this section.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

Ninety days to life suspension depending on severity of charges.

Hardship License Available

Under certain situations
Vermont law does not provide for a "hardship license" or a "work license". - Learn More
Driving privileges will not be reinstated until you have satisfied all reinstatement requirements and received written notification of reinstatement from the Department of Motor Vehicles.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

1205 - Learn More
1213 - Learn More
(a) (1) First offense. A person whose license or privilege to operate is suspended or revoked under this subchapter may operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, if issued a valid ignition interlock RDL or ignition interlock certificate. Upon application, the Commissioner shall issue an ignition interlock RDL or ignition interlock certificate to a person otherwise licensed or eligible to be licensed to operate a motor vehicle if:
(D) the applicable period set forth below has passed since the suspension or revocation was imposed if the offense involved refusal of an enforcement officer's reasonable request for an evidentiary test:
(i) 30 days for a first offense;
(ii) 90 days for a second offense;
(iii) one year for a third or subsequent offense.
Persons who elect to obtain an ignition interlock RDL following a conviction under this subchapter when the person's BAC is 0.16 or more shall be required to install an ignition interlock device with a Global Positioning System feature.
Second or subsequent offenders must install an ignition interlock device for 18 months before a driver's license will be reinstated.

Other Drugs

1205 - Learn More 1213 - Learn More
Yes

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

None

Cannabis Per Se Statute

None

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

1210 - Learn More
Alcohol screening option only:
(a) Screening. Before sentencing a defendant under this section, the court may order that the defendant submit to an alcohol assessment screening. Such a screening report may be considered at sentencing in the same manner as a presentence report. At sentencing, the defendant may present relevant evidence, including the results of any independent alcohol assessment that was conducted at the person's own expense. Evidence regarding any such screening or an alcohol assessment performed at the expense of the defendant shall not be admissible for any other purpose without the defendant's consent.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

1210 - Learn More
1208 - Learn More
First offense: Fine of not more than $750 or imprisonment for not more than 2 years or both and mandatory $160 for related DUI surcharges. Driving privileges suspended for a period of 90 days.
Second offense: Fine of not more than $1,500 or imprisonment not more than 2 years or both and at least 200 hours of community service shall be performed or 60 consecutive hours of imprisonment. Mandatory $160 for related DUI surcharges and driving privileges suspended for a period 18 months.
Third and subsequent offense: Fine of not more than $2,500 or imprisonment of not more than 5 years or both and at least 400 hours of community service or 100 consecutive hours of the sentence of imprisonment. Mandatory $160 for related DUI surcharges and license/driving privileges suspended for life.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

1201 - Learn More
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug

Penalties for Multiple Substance/Multiple Substance Impaired Driving

(same as alcohol or single substance) First offense: Fine of not more than $750 or imprisonment for not more than 2 years or both and mandatory $160 for related DUI surcharges. Driving privileges suspended for a period of 90 days.
Second offense: Fine of not more than $1,500 or imprisonment not more than 2 years or both and at least 200 hours of community service shall be performed or 60 consecutive hours of imprisonment. Mandatory $160 for related DUI surcharges and driving privileges suspended for a period 18 months.
Third and subsequent offense: Fine of not more than $2,500 or imprisonment of not more than 5 years or both and at least 400 hours of community service or 100 consecutive hours of the sentence of imprisonment. Mandatory $160 for related DUI surcharges and license/driving privileges suspended for life.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

No Data Available

Statutes with THC Listed as Delta 8, 9, 10, or 11

18 V.S.A. § 4230. - Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

Pending

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

1202(a)(3) Saliva test. If the law enforcement officer has reasonable grounds to believe that the person is under the influence of a drug other than alcohol, or under the combined influence of alcohol and a drug, the person is deemed to have given consent to providing of an evidentiary sample of saliva. A saliva test sought pursuant to this subdivision (3) shall be obtained pursuant to subsection (f) of this section. Any saliva test administered under this section shall be used only for the limited purpose of detecting the presence of a drug in the person's body and shall not be used to extract DNA information.
There is no current mechanism in place for the collection and testing of saliva samples.

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21

Underage Cannabis Laws and Penalties

Underage Possession

Illegal
18 V.S.A. §4230b(a) Offense. A person 16 years of age or older and under 21 years of age who knowingly and unlawfully possesses one ounce or less of cannabis or five grams or less of hashish or two mature cannabis plants or fewer or four immature cannabis plants or fewer commits a civil violation and shall be referred to the Court Diversion Program for the purpose of enrollment in the Youth Substance Abuse Safety Program. A person who fails to complete the program successfully shall be subject to:
1) a civil penalty of $300.00 and suspension of the person's operator's license and privilege to operate a motor vehicle for a period of 30 days, for a first offense; and
(2) a civil penalty of not more than $600.00 and suspension of the person's operator's license and privilege to operate a motor vehicle for a period of 90 days, for a second or subsequent offense.
18 V.S.A. §4230jA person under 16 years of age who engages in conduct in violation of subdivision 4230b of this title commits a delinquent act and shall be subject to 33 V.S.A. chapter 52. The person shall be provided the opportunity to participate in the Court Diversion Program.

Underage Consumption

Illegal
There is no separate charge for consumption-it’s under possession above

Underage Purchase

Illegal
There is no retail market for cannabis in VT

Underage Attempt to Purchase

Illegal
Same as above

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

To apply for a Medical Marijuana Card in Vermont, you must be a legal resident of Vermont. Patients must be aged 18 or over in order to apply for a medical marijuana card for themselves. Minors can have caregivers apply on their behalf.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

18 V.S.A. §4230b (d) Registration in Youth Substance Awareness Safety Program. Within 15 days after receiving a notice of violation, the person shall contact the Diversion Program in the county where the offense occurred and register for the Youth Substance Awareness Safety Program. If the person fails to do so, the Diversion Program shall file the summons and complaint with the Judicial Bureau for adjudication under 4 V.S.A. chapter 29. The Diversion Program shall provide a copy of the summons and complaint to the law enforcement officer who issued the notice of violation and shall provide two copies to the person charged with the violation.

Social Host Laws

Cannabis

None Found

Drugs

None found

Penalties for Retailers Who Knowingly Sell to People Under 21

VT does not yet have a retail market for cannabis.
18 V.S.A. §4230f
(a) No person shall:
(1) dispense cannabis to a person under 21 years of age; or
(2) knowingly enable the consumption of cannabis by a person under 21 years of age.
(b) As used in this section, “enable the consumption of cannabis” means creating a direct and immediate opportunity for a person to consume cannabis.
(c) Except as provided in subsection (d) of this section, a person who violates subsection (a) of this section shall be imprisoned not more than two years or fined not more than $2,000.00, or both.
(d) A person who violates subsection (a) of this section, where the person under 21 years of age while operating a motor vehicle on a public highway causes death or serious bodily injury to himself or herself or to another person as a result of the violation, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
(e)(1) Subsections (a)-(d) of this section shall not apply to a person under 21 years of age who dispenses cannabis to a person under 21 years of age or who knowingly enables the consumption of cannabis by a person under 21 years of age.
(2) A person who is 18, 19, or 20 years of age who knowingly dispenses cannabis to a person who is 18, 19, or 20 years of age commits a civil violation and shall be referred to the Court Diversion Program for the purpose of enrollment in the Youth Substance Awareness Safety Program in accordance with the provisions of section 4230b of this title and shall be subject to the penalties in that section for failure to complete the program successfully.
(3) A person 18, 19, or 20 years of age who knowingly dispenses to a person under 18 years of age who is at least three years that person's junior shall be sentenced to a term of imprisonment of not more than five years in accordance with section 4237 of this title.
(4) A person who is 19 years of age who knowingly dispenses to a person 17 years of age or a person who is 18 years of age who knowingly dispenses cannabis to a person who is 16 or 17 years of age commits a misdemeanor crime and shall be fined not more than $500.00.
(5) A person who is under 18 years of age who knowingly dispenses cannabis to another person who is under 18 years of age commits a delinquent act and shall be subject to 33 V.S.A. chapter 52.

Other

No Data Available