 |
|
Incarceration |
Fine |
| Possession |
| 1/2 oz or less |
misdemeanor |
30 days* |
$200 |
| 1/2 to 1 1/2 oz |
misdemeanor |
1 - 120 days** |
$500 |
| More than 1 1/2 oz |
felony |
8 - 13 months |
Discretionary Fine |
*Suspended sentence mandatory.
**Community service or probation possible. 45 maximum for those with a clear record. |
| Sale or Cultivation |
| Less than 5 g with no renumeration (assumes first offense for sentencing guidelines) |
see Possession |
| 1/2 oz to 10 lbs |
felony |
1 - 6 years |
not more than $5,000 |
| 10 to 70 lbs |
felony |
2 - 12 years |
not more than $50,000 |
| 70 to 300 lbs |
felony |
8 - 30 years |
not more than $200,000 |
| 300 lbs or more |
felony |
15 - 60 years |
not more than $500,000 |
| Within 300 feet of school zone |
felony |
increased penalty |
increased penalty |
| Sale to a minor if seller is over age 21 or sale to a pregnant woman |
felony |
increased penalty |
increased penalty |
| ***Mandatory minimum sentence. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession |
misdemeanor |
6 months |
variable |
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Possession of one half ounce or less is punishable by up to 30 days in jail, most likely suspended. Possession of greater than one half ounce is punishable by 1 - 120 days in jail, with a possibility of community service or probation in lieu of jail. Possession greater than 1.5 ounces increases the penalties to 8 - 13 months in jail.
Manufacture, sale or delivery of less than five grams, for no remuneration, is considered possession and not sale. For amounts of ten pounds or less, the penalty is 4 - 8 months in jail. Sale or delivery of any amount greater than 10 pounds is considered trafficking and includes a mandatory minimum sentence. An amount greater than 10 pounds, is punishable by 25 - 30 months in prison and a fine of at least $5,000. Sale or delivery of 50 pounds or more is punishable by 35 - 42 months in prison and a fine of at least $25,000. Amounts of 2,000 pounds or greater carry a penalty of 70 - 84 months in prison and a fine of at least $50,000. Sale or delivery of 10,000 pounds or more is punishable by 175 - 219 months in prison and a fine of at least $200,000.
Penalties for sale, delivery or manufacture are increased if the sale occurs within 300 feet of a school zone if the offender is over 21 and if the sale was made to a minor or to a pregnant woman.
Possession of paraphernalia is punishable by up to six months in jail. |
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.
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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