- CR40-901. Selling or Dispensing a Regulated Drug (death resulting), 18 V.S.A. § 4250 (04/01/25)
Reporter’s Note
As part of the mental element, the State must prove that the defendant knew that what he sold contained the specific regulated drug at the time he sold it. See State v. Rillo, 2020 VT 82, ¶ 12, 213 Vt. 193 (“The ‘knowing’ element of the alleged crime required proof that defendant knew the drug contained fentanyl at the time he committed the crime.”) (emphasis in original).
Note that, in 2024, the legislature added the following language to 18 V.S.A. § 4250(b): “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.” The model instruction includes that language.
The specific statutory drug definitions applicable here may present confusion. Note that cocaine and heroin as specifically defined in 18 V.S.A. §§ 4201(35) and (36), respectively, appear to be different than what is contemplated by the definition of “regulated drug” in § 4201(29). The “regulated drug” definition does not define cocaine or heroin directly, but instead includes “narcotic drug[s],” which has its own definition. See 18 V.S.A. § 4201(16). It may be helpful to consult the applicable Department of Health rules adopted pursuant to § 4202 and referenced throughout § 4201.