 |
|
Incarceration |
Fine |
| Possession |
| Any amount (first offense) |
misdemeanor |
6 months |
$1,000 |
| Any amount (second offense) |
misdemeanor |
1 year |
$1,500 |
| Any amount (subsequent offense) |
misdemeanor |
2 years |
$500 - $5,000 |
| More than 28.5 g on school grounds while school open |
misdemeanor |
6 months |
$500 |
| Within 1,000 feet of school, or specified areas |
|
Additional 100 hours community service |
none |
| Possible conditional discharge for possession. |
| Sale or Cultivation |
| 50 kg or less |
felony |
5 years |
$750 - $7,500 |
| 50 to 100 kg |
felony |
10 years |
$1,000 - $50,000 |
| 100 to 1,000 kg |
felony |
25 years |
$5,000 - $100,000 |
| More than 1,000 kg |
felony |
50 years |
$1,000,000 |
| To a minor |
felony |
5 years MMS* to 25 years |
|
| Within 1,000 feet of a school or park |
felony |
10 years MMS* to 25 years |
|
| *Mandatory minimum sentence. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession or sale |
misdemeanor |
30 days |
$50-$500 |
Any second or subsequent offense is punishable for up to 3 times the sentence for the first offense.
Driver's license suspended for up to 1 year for drug convictions |
|
|
|
The possession of any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. For a second offense the penalties increase to up to one year in jail and a fine of up to $1,500. Subsequent offenses are punishable by up to two years and a fine of $500 - $5,000. There is the possibility for conditional discharge for possession charges. Possession within 1,000 feet of a school, public park, swimming pool or recreation center adds an additional 100 hours of community service to the sentence.
Manufacture or delivery of 50 kilograms or less of marijuana is punishable by up to five years in prison and a fine of $750 - $7,500. The penalty for manufacture or delivery of greater than 50 kilograms is up to ten years in prison and a fine of $1,000 - $50,000. Manufacture or delivery of greater than 100 kilograms is punishable by up to 25 years in prison and a fine of $5,000 - $100,000. For any manufacture or delivery of any amount greater than 1,000 kilograms the sentence can be up to 50 years in prison and a fine of up to $1,000,000.
Sale to a minor carries a five-year mandatory minimum sentence with a 25-year maximum sentence. Sale within 1,000 feet of a school or public park carries a 10-year mandatory minimum sentence with a 25-year maximum sentence.
Possession or sale of paraphernalia is a simple misdemeanor punishable by up to 30 days in jail and a fine of $50 - $500.
Second or subsequent offenses are punishable by up to three times the sentence for first offenses.
For juveniles convicted of drug charges, driver's licenses are suspended for up to one year. |
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.
Mandatory minimum sentence:
When someone is convicted of an offense punishable by a mandatory minimum sentence,
the judge must sentence the defendant to the mandatory minimum sentence
or to a higher sentence. The judge has no power to sentence the
defendant to less time than the mandatory minimum. A prisoner serving
an MMS for a federal offense and for most state offenses will not
be eligible for parole. Even peaceful marijuana smokers sentenced
to "life MMS" must serve a life sentence with no chance of parole.
Drugged driving:
This state has a zero tolerance per se drugged driving law
enacted. In their strictest form, these laws forbid drivers from operating
a motor vehicle if they have any detectable level of an illicit drug or drug
metabolite
(i.e., compounds produced from chemical changes of a drug in the body, but
not necessarily psychoactive themselves) present in their bodily fluids.
Marijuana tax stamps:
This state has a marijuana tax stamp law
enacted. This law mandates that those who possess marijuana are legally required
to purchase and affix state-issued stamps
onto his or her contraband. Failure to do so may result in a fine and/or criminal
sanction.
* Data provided by NORML
|
