 |
|
Incarceration |
Fine |
| Possession (More than 1 oz see Sale) |
| 1 oz or less |
misdemeanor |
1 year |
$1,000 |
| 1 oz or less (2nd conviction) |
felony |
6 years |
$10,000 |
| 1 oz or less (3rd conviction) |
felony |
3 to 10 years |
$10,000 |
| Sale or Cultivation |
| 1oz to 10 lbs |
felony |
4 - 10 years |
$25,000 |
| 10 lbs to 100 lbs |
felony |
5 - 20 years |
$15,000 - $50,000 |
| 100 lbs or more |
felony |
6 - 30 years |
$15,000 - $100,000 |
| Within 1000 feet of school, park and other community centers |
felony |
Add 10 years |
none |
Second conviction can double penalty.
Sale to minor at least 3 years younger than the seller can double penalty. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Simple paraphernalia |
misdemeanor |
1 year |
$1000 |
| Paraphernalia possession with felony violation |
felony |
3 - 10 years |
$10,000 |
|
Any conviction causes driver's license suspension for 6 months.
Any conviction causes commercial driver's license suspension for 1 year. |
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|
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The penalty for possession of one ounce or less of marijuana is a misdemeanor and is punishable by up to one year in prison and a fine of up to $1,000. The court may defer the proceedings and grant probation for no less than one year. Upon granting probation, the court may require drug treatment. If the terms of the probation are fulfilled, the court can discharge and dismiss the proceedings.
There is a rebuttable presumption that any possession greater than one ounce is possession for sale.
Possession for sale or cultivation of marijuana is a felony. For amounts greater than one ounce the punishment is 4 - 10 years in prison and a fine of up to $25,000. For amounts of ten pounds or more the sentence can range from 5 - 20 years in prison and a fine of $15,000 - $50,000. For any amounts of 100 pounds or more the punishment is 6 -10 years in prison and a fine of $15,000 - $100,000.
Second convictions of possession, sale, delivery or cultivation can result in sentences up to twice that allowed for first offenses.
Any sale to a minor at least three years younger than the seller can double the above penalties.
Any sale within 1000 feet of a school, public park, community or recreation center, public housing, day care center, church, skating rink or video arcade increases the penalty for the offense by 10 years.
Minors convicted of any drug offense are subject to a driver's license suspension of six months.
Possession or use of drug paraphernalia in furtherance of a felony violation is punishable by 3 - 10 years in prison and a fine of up to $10,000. |
Conditional release:
The state allows conditional release or alternative or diversion
sentencing for people facing their first prosecutions. Usually,
conditional release lets a person opt for probation rather than
trial. After successfully completing probation, the individual's
criminal record does not reflect the charge.
Hemp:
This state has an active hemp industry.
Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than
1%) amounts of tetrahydrocannabinol (THC), the
primary psychoactive ingredient in marijuana. Various parts of the plant can
be utilized in the
making of textiles, paper, paints, clothing, plastics,
cosmetics, foodstuffs, insulation, animal feed, and
other products.
* Data provided by NORML
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