 |
|
Incarceration |
Fine |
| Possession* |
| Less than 42.5 g |
misdemeanor |
none** |
$300 |
| 42.5 g to 10 kg |
felony |
5 years |
$10,000 |
| 10 to 50 kg |
felony |
20 years |
$250,000 |
| 50 to 100 kg |
felony |
25 years |
$500,00 |
| 100 kg or more |
felony |
30 years |
$1,000,000 |
| More than 1.4 g in a motor vehile (except trunk) |
misdemeanor |
90 days |
$1,000 |
*Conditional discharge possible for first time offenders.
**Possible drug education requirement. |
| Sale |
| Distribution of 42.5 g or less without remuneration |
misdemeanor |
none** |
$200 |
| Less than 5 kg |
felony |
5 years |
$10,000 |
| 5 to 25 kg |
felony |
20 years |
$250,000 |
| 25 to 50 kg |
felony |
25 years |
$500,000 |
| 50 kg or more |
felony |
30 years |
$1,000,000 |
| 50 kg or more imported into the state |
felony |
35 years |
$1,250,000 |
| To a minor |
felony |
20 years |
$250,000 |
| Within a school zone or other specified areas |
felony |
15 years |
$100,000 |
| **Possible drug education requirement. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Possible driver's license suspension for 30 days if the offense was committed while driving a motor vehicle. |
|
|
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The penalty for possession of a small amount (less than 42.5 grams) of marijuana is a fine of up to $200 and possible requirement of drug education. Possession of 42.5 grams or more of marijuana is punishable by up to five years in prison and a fine up to $10,000. Possession of 10 kilograms or more of marijuana increases the penalty to a fine up to $250,000 and up to 20 years in prison. Possession of 50 kilograms or more is punishable by up to 25 years in prison and a fine up to $500,000. For any possession of 100 kilograms or more, the penalty is up to 30 years in prison and a fine up to $1,000,000.
Possession of greater than 1.4 grams in a motor vehicle (except in the trunk) is punishable by up to one year in prison.
Conditional discharge is a possibility for first time offenders.
For distribution of a small amount of marijuana (42.5 grams or less) for no remuneration, the penalty is a fine of up to $200 and possible requirement of drug education. For sale of any amount less than 5 kilograms the punishment is up to 5 years in prison and a fine of up to $10,000. Sale of 5 kilograms or more is punishable by up to 20 years in prison and a fine up to $250,000. For sale of 25 kilograms or more, the penalties increase to a possible 25 years in prison and a fine up to $500,000. Sale of 50 kilograms or more is punishable by up to 30 years in prison and a fine up to $1,000,000.
The penalty for sale to a minor is up to 20 years in prison and a fine up to $250,000. Sale within a school zone, park zone, public housing area or near a drug treatment facility increases the penalty to up to 15 years in prison and a fine up to $100,000.
The importing of 50 kilograms or more into the state is punishable by up to 35 years in prison and a fine up to $1,250,000.
Driver's licenses can be suspended for 30 days if the offense was committed while driving a motor vehicle. |
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.
Decriminalization:
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small
amount for personal consumption. The conduct is treated like a minor
traffic violation.
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.
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
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