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|
Incarceration |
Fine |
| Possession |
| Less than 1 oz* |
misdemeanor |
none |
$500 - $1,000 |
| 1 oz to 110 g |
felony |
10 years** |
$100,000 |
| More than 110 g |
felony |
variable depending on prior record |
variable |
*Medical use permitted with no more than 1 oz, or 3 plants, and state registration.
**Conditional discharge available. |
| Sale, Cultivation or Manufacture |
| Gift of less than 5 g |
misdemeanor |
none |
$500 - $1,000 |
| Gift of 5g to 1 oz |
misdemeanor |
1 year |
$5,000 |
| Any amount |
felony |
10 years |
$200,000 |
| To a minor at least 3 years younger than seller, or within 1,000 feet of a school |
felony |
20 years |
$300,000 |
| Any manufacture |
felony |
20 years |
$300,000 |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia sale |
misdemeanor |
1 year |
$5,000 |
| All marijuana convictions result in a six month drivers license suspension, unless the court finds reason not to suspend driving privileges. |
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Possession of less than one ounce of marijuana is punishable by a fine of $500 - $1,000. Possession of one ounce or more is punishable by up to 10 years in prison. Conditional discharge is possible for possession offenses. Possession of greater than 110 grams is considered a commercial drug offense and penalties are substantially greater, depending on the prior record of the offender.
Delivery of less than five grams, for no remuneration, is punishable by a fine of $500 - $1,000. Delivery for no remuneration of less than one ounce is punishable by up to one year in jail and a fine of up to $5,000. Any sale of marijuana is punishable by up to 10 years in prison and a fine of up to $200,000.
Possession of one ounce or less or cultivation of three plants or less is lawful for any person who possesses a registry identification card indicating that the person is a patient who uses marijuana for medicinal purposes. This is an affirmative defense to any charges of possession or cultivation within the amount limits.
Any sale to a minor, at least three years younger than the offender, or any sale within 1,000 feet of a school is punishable by up to 20 years in prison and a fine of up to $300,000.
Any manufacture of marijuana is punishable by up to 20 years in prison and a fine of up to $300,000.
Sale of paraphernalia is punishable by up to one year in jail and a fine of up to $5,000.
A conviction for manufacturing, possessing or delivering marijuana, or for driving under the influence of marijuana, will result in a six month drivers license suspension, unless the court finds compelling circumstances not to order the suspension of driving privileges. |
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.
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.
Medical marijuana:
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties
may protect the body against some types of malignant tumors, and are neuroprotective.
* Data provided by NORML
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