Vermont Statutes Title 18 Sec. 4221
Terms Used In Vermont Statutes Title 18 Sec. 4221
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, partnership, corporation, association, trust, or other institution or entity. See
- Pharmacist: means any person authorized by law to practice pharmacy in this State; but nothing in this chapter shall be construed as conferring on a person any authority, right, or privilege that is not granted to him or her by the pharmacy laws of his or her state. See
- Prescription: means an order for a regulated drug made by a physician, physician assistant, advanced practice registered nurse, dentist, or veterinarian licensed under this chapter to prescribe such a drug which shall be in writing except as otherwise specified in this subdivision. See
- Regulated drug: means :
§ 4221. Violations; presumptions
(a) Possession of a false or forged prescription for a regulated drug by any person other than a pharmacist in the pursuance of his or her profession shall be presumptive evidence of his or her intent to use the same for the purpose of illegally obtaining a regulated drug.
(b) The presence of a regulated drug in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such drug was found; except that such presumption does not apply:
(1) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his or her trade;
(2) to any person in the automobile if one of them, having obtained the drug and not being under duress, is authorized to possess it and such drug is in the same container as when he or she received possession thereof; or
(3) when the drug is concealed upon the person of one of the occupants. (Added 1967, No. 343 (Adj. Sess.), § 21, eff. March 23, 1968.)