 |
|
Incarceration |
Fine |
| Possession |
| Marijuana use* |
misdemeanor |
90 days |
$100 |
| Any amount* |
misdemeanor |
1 year |
$2,000 |
| In a park* |
misdemeanor or felony |
2 years |
$2,000 |
| *Conditional discharge possible. |
| Cultivation |
| Less than 20 plants |
felony |
4 years |
$20,000 |
| 20 to 200 plants |
felony |
7 years |
$500,000 |
| 200 or more plants |
felony |
15 years |
$10,000,000 |
| Sale |
| Distribution without remuneration |
misdemeanor |
1 year |
$1,000 |
| Less than 5 kg |
felony |
4 years |
$20,000 |
| 5 to 45 kg |
felony |
7 years |
$500,000 |
| 45 kg or more |
felony |
15 years |
$10,000,000 |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia sale** |
misdemeanor |
90 days |
$5,000 |
| **Preceded by cease and desist order, and if complied with, it is a complete defense to the charges. |
|
|
|
The penalty for the use of marijuana is up to 90 days in jail and a fine of up to $100.
Possession of marijuana in any amount is punishable by up to one year in jail and a fine of up to $2,000, unless the possession occurred in a public or private park, which increases the penalty to a possible 2 years in prison.
Conditional discharge is available in all use and possession cases.
Distribution of marijuana without remuneration is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. For cultivation of less than 20 plants or sale of less than 5 kilograms, the punishment is up to four years in jail and a fine of up to $20,000. For cultivation of 20 or more plants or sale of 5 kilograms or more, the punishment is up to seven years in prison and a fine up to $500,000. Cultivation of 200 or more plants or sale of 45 kilograms or more is punishable by up to 15 years in prison and a fine up to $10,000,000.
The sale of paraphernalia is punishable by up to 90 days in jail and a fine of up to $5,000. The arrest for sale of paraphernalia is preceded by a cease and desist order, and if the order is complied with, it is a complete defense to the charges. |
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.
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.
* Data provided by NORML
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