 |
|
Incarceration |
Fine |
| Possession |
| Any amount (first offense) |
misdemeanor |
6 months* |
$500 |
| Any amount (subsequent offense) |
misdemeanor |
6 months** |
$500 |
*Probation with records sealed upon completion of probation.
**Probation possible. |
| Sale or Cultivation |
| Less than 50 lbs |
felony |
2 years |
$5,000 |
| 50 to 100 lbs |
felony |
1 year MMS*** up to 2.5 - 15 years |
$500 - $10,000 |
| 100 to 2,000 lbs |
felony |
3 years MMS*** up to 15 years |
$2,500 - $25,000 |
| 2,000 to 10,000 lbs |
felony |
5 years MMS*** up to 15 years |
$5,000 - $50,000 |
| More than 10,000 lbs |
felony |
10 years MMS*** up to 15 years |
$20,000 - $200,000 |
| Within 1,000 feet of school |
felony |
additional 2 years MMS*** up to 15 years |
$1,000 - $10,000 |
| ***Mandatory minimum sentence. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia, manufacture, possession or sale |
felony |
1 - 2 years |
$500 - $5,000 |
| Paraphernalia sale to a minor |
felony |
3 - 5 years |
$1,000 - $5,000 |
|
|
|
Possession of any amount of marijuana is punishable by up to six months in jail and a fine of up to $500. For first time offenders, the court will sentence the offender to probation and upon successful completion of the probation period, the offender's record will be sealed. For subsequent offenses, probation may still be possible.
Cultivation, delivery or sale of less than 50 pounds of marijuana is punishable by up to two years in prison and a fine of up to $5,000. For 50 pounds or more, the penalty increases to a mandatory minimum of one year in prison and a possible range of 2.5 - 15 years in prison and a fine of $500 - $10,000. For cultivation or sale of 100 pounds or more the mandatory minimum sentence is three years and up to 15 years in prison, along with a fine of $2,500 - $25,000. For 2,000 pounds or more, the penalties increase to a mandatory minimum 5-year sentence up to 15 years in prison and a fine of $5,000 - $50,000. For any amount of 10,000 pounds or more, the mandatory minimum sentence is 10 years with up to 15 years in prison possible and a fine of $20,000 - $200,000.
Sale of marijuana within 1,000 feet of a school adds another 2-year mandatory minimum sentence for sale and can go as high as an additional 15 years in prison and a fine of $1,000 - $10,000.
The manufacture or sale of paraphernalia is punishable by 1 - 2 years in prison and a fine of $500 - $5,000, unless the sale was to a minor, in which case the penalty is 3 - 5 years in prison and a fine of $1,000 - $5,000. |
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.
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.
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
|
