§ 4250. Selling or dispensing a regulated drug with death resulting
(a) If the death of a person results from the selling or dispensing of a regulated drug
to the person in violation of this chapter, the person convicted of the violation
shall be imprisoned not less than two years nor more than 20 years.
(b) This section shall apply only if the person’s use of the regulated drug is the proximate
cause of the person’s death. The fact that a dispensed or sold substance contains
more than one regulated drug shall not be a defense under this section if the proximate
cause of death is the use of the dispensed or sold substance containing more than
one regulated drug.
(c)(1) Except as provided in subdivision (2) of this subsection, the two-year minimum term
of imprisonment required by this section shall be served and may not be suspended,
deferred, or served as a supervised sentence. The defendant shall not be eligible
for probation, parole, furlough, or any other type of early release until the expiration
of the two-year term of imprisonment.
(2) Notwithstanding subdivision (1) of this subsection, the court may impose a sentence
that does not include a term of imprisonment or that includes a term of imprisonment
of less than two years if the court makes findings on the record that the sentence
will serve the interests of justice. (Added 2003, No. 54, § 10; amended 2023, No. 125 (Adj. Sess.), § 17, eff. July 1, 2024.)
State of Vermont v. Jacob M. Rillo, 2020 VT 82 (Vt. 2020). “Here the State charged in the information that defendant “knowingly and unlawfully sold or dispensed HEROIN, a regulated drug, and FENTANYL, a regulated drug, which then proximately resulted in the death of a person,” in violation of 18 V.S.A. § 4250. See id. § 4250(a) (“If the…”
Commonwealth v. Carrillo (Mass. 2019). “§ 21-5430 ; Vt. Stat. Ann. tit. 18, § 4250 . The Massachusetts Legislature has considered strict liability homicide legislation but did not enact it.”
State v. Shannon C. Barry, 2021 VT 83 (Vt. 2021). “Defendant was charged with selling or dispensing a regulated drug with death resulting, in violation of 18 V.S.A. § 4250(a). Defendant filed a motion to suppress her statements 3 made to the officers at the store in Chelsea, arguing these statements were obtained in violation of…”
— Vt. Stat. Ann. tit. 18, § 4250(a) — 1 case
State v. Shannon C. Barry, 2021 VT 83 (Vt. 2021). “Defendant was charged with selling or dispensing a regulated drug with death resulting, in violation of 18 V.S.A. § 4250(a). Defendant filed a motion to suppress her statements 3 made to the officers at the store in Chelsea, arguing these statements were obtained in violation of…”
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