Under federal law (applicable in all states) it is illegal for a person to knowingly or intentionally possess a controlled substance, unless the substance was obtained through a valid prescription or order from a practitioner, while acting in the course of the practitioner’s professional practice. See 21 U.S.C. §844.
The term controlled substance means a drug or other substance—or an immediate precursor to the drug or other substance—that is included in schedule I, II, III, IV, or V of the relevant portion of the United States Code (statute). See 21 U.S.C. §841.
The term practitioner means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted by the United States or the jurisdiction (state) in which he practices or does research to distribute, dispense, conduct related research, administer, or use in teaching or chemical analysis a controlled substance in the course of such professional practice or research. 21 U.S.C. §802(21).
As under federal law, state laws usually classify substances in groups or schedules that determine which substances are included in the definition of controlled substances, and the potential penalties or punishments for possessing them without legal authorization. Criminal charges and penalties for these offenses vary from state to state and are usually located in a state’s statutes—often in the penal or criminal code. Illegal possession of controlled substances may also be prosecuted under federal law. See 21 U.S.C. §844.
Under both federal and Vermont state law, it is illegal to possess controlled substances without a valid prescription or order from a licensed practitioner. Controlled substances are classified into five schedules (I-V) based on their potential for abuse, with Schedule I substances having the highest potential for abuse and no accepted medical use. In Vermont, the penalties for possession of a controlled substance vary depending on the schedule of the drug and the amount in possession. Possession of a small amount of a Schedule I or II substance, for example, may result in misdemeanor charges, while larger amounts or possession of substances in other schedules could lead to felony charges. It's important to note that while Vermont has decriminalized the possession of small amounts of marijuana, it remains a controlled substance under federal law. Therefore, individuals in Vermont could still face federal charges for marijuana possession under 21 U.S.C. §844.