Vermont H 105: An act relating to increasing the tobacco tax on cigarettes, other tobacco products, snuff, and new smokeless tobacco

Bill Text

No. 45 Page 1 of 16
2025

VT LEG #384185 v.1
No. 45. An act relating to expanding the Youth Substance Awareness
Safety Program.
(H.105)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 7 V.S.A. § 656 is amended to read:
§ 656. PERSON 16 12 YEARS OF AGE OR OLDER AND UNDER 21
YEARS OF AGE MISREPRESENTING AGE, PROCURING,
POSSESSING, OR CONSUMING ALCOHOLIC BEVERAGES;
IMPAIRED DRIVING; POSSESSION OF CANNABIS; CIVIL
VIOLATION
(a) Definitions. As used in this section:
(1) “Alcohol” has the same meaning as in 23 V.S.A. § 1200(4).
(2) “Alcohol concentration” has the same meaning as in 23 V.S.A.
§ 1200(1).
(3) “Cannabis” has the same meaning as in subdivision 831(2) of this
title.
(4) “Highway” has the same meaning as in 23 V.S.A. § 1200(7).
(5) “Ignition interlock device” has the same meaning as in 23 V.S.A.
§ 1200(8).
(6) “Ignition interlock restricted driver’s license,” “ignition interlock
RDL” or “RDL,” and “ignition interlock certificate” have the same meaning as
in 23 V.S.A. § 1200(9).

No. 45 Page 2 of 16
2025

VT LEG #384185 v.1
(7) “Law enforcement officer” has the same meaning as “enforcement
officer” as defined in 23 V.S.A. § 4(11)(A).
(8) “License to operate a motor vehicle” has the same meaning as in 23
V.S.A. § 4(48).
(9) “Motor vehicle” or “vehicle” has the same meaning as “motor
vehicle” as defined in 23 V.S.A. § 4(21).
(10) “Operate or attempts to operate” has the same meaning as in 23
V.S.A. § 4(24).
(11) “Operator” has the same meaning as in 23 V.S.A. § 4(25) and shall
include “junior operator” as defined in 23 V.S.A. § 4(16).
(12) “Person” has the same meaning as in 23 V.S.A. § 4(27).
(13) “Privilege to operate” has the same meaning as in 23 V.S.A.
§ 4(58).
(14) “Suspension” or “suspension of the person’s operator’s license” has
the same meaning as “suspension of license” as defined in 23 V.S.A. § 4(50).
(b) Prohibited conduct; offense offenses.
(1) Prohibited conduct. A person 16 12 years of age or older and under
21 years of age shall not:
(A) Falsely represent the person’s age for the purpose of procuring or
attempting to procure malt or vinous beverages, ready-to-drink spirits
beverages, spirits, or fortified wines from any licensee, State liquor agency, or
other person or persons.

No. 45 Page 3 of 16
2025

VT LEG #384185 v.1
(B) Possess malt or vinous beverages, ready-to-drink spirits
beverages, spirits, or fortified wines for the purpose of consumption by the
person or other minors, except in the regular performance of duties as an
employee of a licensee licensed to sell alcoholic liquor.
(C) Knowingly and unlawfully possess one ounce or less of cannabis
or five grams or less of hashish or two mature cannabis plants or fewer or four
immature cannabis plants or fewer.
(D) Consume malt or vinous beverages, ready-to-drink spirits
beverages, spirits, or fortified wines. A violation of this subdivision may be
prosecuted in a jurisdiction where the minor person has consumed malt or
vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines or
in a jurisdiction where the indicators of consumption are observed.
(E) Operate, attempt to operate, or be in actual physical control on a
highway of a vehicle when the person’s blood alcohol concentration is 0.02 or
more.
(2) Offense Procurement, possession, or consumption penalties. A
person who knowingly violates subdivision any of subdivisions (1)(A)–(D) of
this subsection commits a civil violation and shall be referred to the Court
Diversion Program for the purpose of enrollment in the Youth Substance
Awareness Safety Program. A person who fails to complete the program
successfully commits a civil violation under the jurisdiction of the Judicial
Bureau and shall be subject to the following:

No. 45 Page 4 of 16
2025

VT LEG #384185 v.1
(A) a civil penalty of $300.00 and suspension of the person’s
operator’s license and privilege to operate a motor vehicle for a period of 30
days, for a first offense; and
(B) a civil penalty of not more than $600.00 and suspension of the
person’s operator’s license and privilege to operate a motor vehicle for a
period of 90 days, for a second or subsequent offense.
(3) Impaired driver penalties.
(A) A person who violates subdivision (1)(E) of this subsection (b)
commits a civil violation, shall be referred to the Court Diversion Program for
the purpose of enrollment in the Youth Substance Awareness Safety Program,
and the Commissioner of Motor Vehicles shall suspend the person’s operator’s
license and privilege to operate a motor vehicle in accordance with subdivision
(B) of this subdivision (b)(3). A person who fails to complete the Program
successfully commits a civil violation under the jurisdiction of the Judicial
Bureau and shall be subject to the following:
(i) For a first offense, a civil penalty of $300.00 and suspension of
the person’s operator’s license and privilege to operate a motor vehicle for a
period of 180 days and compliance with the requirements of 23 V