§ 4249. Transportation of alcohol, tobacco, or regulated drugs into places of detention

(a) No person shall knowingly carry or introduce or cause to be carried or introduced into a lockup, jail, prison, or correctional facility:

(1) alcohol or alcoholic beverages;

(2) marijuana;

(3) a regulated drug, other than marijuana, as defined in section 4201 of this title, except upon the prescription or direction of a practitioner as that term is defined in 26 V.S.A. chapter 36; or

(4) tobacco or tobacco products, except that an employee may possess or store tobacco or tobacco products in a locked automobile parked on the correctional facility grounds, store tobacco or tobacco products in a secure place within the correctional facility which is designated for storage of employee tobacco, and possess tobacco or tobacco products in a designated smoking area.

(b) A person who violates subdivision (a)(1) of this section shall be imprisoned not more than three months or fined not more than $300.00, or both.

(c) A person who violates subdivision (a)(2) of this section shall be imprisoned not more than six months or fined not more than $500.00, or both.

(d) A person who violates subdivision (a)(3) of this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(e) A person who violates subdivision (a)(4) of this section shall be subject to a civil penalty of not more than $450.00 for the first offense and $900.00 for any subsequent offense. An action under this subsection shall be brought in the same manner as for a traffic violation pursuant to 23 V.S.A. chapter 24.

(f) As used in this section, "correctional facility" means any secure or staff-secure building, enclosure, space, or structure of or supported by the Department and used for the confinement of persons committed to the custody of the Commissioner of Corrections, or for any other matter related to such confinement. (Added 2003, No. 54, § 9; amended 2007, No. 64, § 2; 2017, No. 83, § 147.)