Vermont Statutes Annotated

Vt. Stat. Ann. tit. 18, § 4238 (2026)

Second and subsequent offenses

✓ current as of May 2026

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Subchapter 001 : REGULATED DRUGS

(Cite as: 18 V.S.A. § 4238)

§ 4238. Second and subsequent offenses

A person convicted of a second or subsequent offense of violating section 4228, 4230, 4231, 4232, 4233, 4234, 4235, 4236 or 4237 of this title, except a violation of subdivision 4230(a)(1), shall be subject to a term of imprisonment or fined up to twice that authorized by those sections, or both. (Added 1989, No. 100, § 9.)

Notes of Decisions

Cited in 1 case, 1992–1992 · leading case: State v. Lapan, 609 A.2d 970 (Vt. 1992).

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State v. Lapan, 609 A.2d 970 (Vt. 1992). “Moreover, the new enhancement provision in the 1989 statutory revision, 18 V.S.A. § 4238, provides, inter alia, that a person convicted of a second or subsequent cocaine offense “shall be subject to a term of imprisonment or fined up to twice that authorized by [the 1989…”

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