 |
|
Incarceration |
Fine |
| Possession or Trafficking |
| 35 g or less |
misdemeanor |
1 year |
$1,000 |
| 35 g to 30 kg |
felony |
7 years |
$5,000 |
| 30 to 100 kg (trafficking) |
felony |
5 - 15 years |
$5,000 - $20,000 |
| 100 kg or more (trafficking) |
felony |
10 years - life |
$5,000 - $20,000 |
| Sale or Cultivation |
| 5 g or less |
felony |
7 years |
$5,000 |
| 5 g to 30 kg |
felony |
5 - 15 years |
$5,000 - $20,000 |
| 30 to 100 kg |
felony |
10 years - life |
$5,000 - $20,000 |
| 100 kg or more |
felony |
10 years - life* |
$5,000 - $20,000 |
| Sale to a minor |
felony |
5 - 15 years additional |
$5,000 - $20,000 |
| Sale within 2,000 feet of school or 1,000 feet of public housing |
felony |
10 years - life |
$5,000 - $20,000 |
| *No probation or parole. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession |
misdemeanor |
1 year |
$1,000 |
| Paraphernalia sale |
felony |
5 years |
$5,000 |
|
|
|
Possession of 35 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine up to $1,000. Possession of greater than 35 grams is a felony and is punishable by up to seven years in prison and a fine of up to $5,000. Possession of greater than 30 kilograms is considered trafficking and the penalty is 5 - 15 years in prison. Possession of 100 kilograms or more carries a penalty of 10 years - life in prison.
Sale or manufacture of 5 grams or less of marijuana is a felony, punishable by up to seven years in prison and a fine of up to $5,000. Sale of greater than 5 grams carries a penalty of 5 - 15 years in prison. Sale of greater than 30 kilograms is punishable by 10 years - life in prison and sale of 100 kilograms or more is punishable by 10 years - life in prison with no probation or parole.
Any sale to a minor increases the penalties by 5 - 15 years in prison. Any sale within 2,000 feet of a school or within 1,000 feet of a public housing project increases the penalties to 10 years - life in prison.
The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. The sale of paraphernalia is punishable by up to 5 years in prison and a fine of up to $5,000.
Senate Bills 5 and 21 altered the state’s forfeiture laws. Most notably, they require that law enforcement report all seizures to the prosecuting attorney or the Attorney General, who must then make an annual report of the activity to the department of Public Safety and the State Auditor. In addition, no property may be transferred to a federal agency without judicial approval, and any agency making a seizure must file an annual audit with the state auditor’s office. Failure to comply, is punishable by a fine of up to $1,000.
* Data provided by NORML | |
