 |
|
Incarceration |
Fine |
| Possession |
| Less than 1 kg |
misdemeanor |
1 year |
$200 - $500 |
| 1 kg to 5 kg |
felony |
10 years MMS* |
$10,000 - $500,000 |
| More than 5 kg |
felony |
20 years MMS* |
$25,000 - $100,000 |
| Within 300 yards of a school, public park or playground |
felony |
double penalty |
double penalty |
Possession while driving causes driver's license suspension for 6 months (first offense), and 1 year (subsequent offense).
*Mandatory minimum sentence. |
| Sale or Cultivation |
| Less than 1 kg |
felony |
30 years |
$3,000 - $100,000 |
| 1 kg to 5 kg |
felony |
10 years MMS* |
$10,000 - $500,000 |
| More than 5 kg |
felony |
20 years MMS* |
$25,000 - $100,000 |
| Delivery to a minor 3 years younger |
felony |
2 - 5 years |
$10,000 |
| Within 300 yards of a school, public park or playground |
felony |
double penalty |
double penalty |
| *Mandatory minimum sentence. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| For sentences of probation with no imprisonment, the offender is required to undergo a drug abuse evaluation, attend a drug education course and perform 100 hours of community service. |
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Possession of less than one kilogram of marijuana is punishable by up to one year in jail and a fine of $200 - $500.
Driving while in possession of marijuana is penalized by suspension of the offender's driver's license for six months for the first offense and for one year for subsequent offenses.
Manufacture or delivery of less than one kilogram of marijuana is punishable by up to 30 years in prison and a fine of $3,000 - $100,000. Delivery to a minor at least three years younger than the offender adds an additional 2 - 5 years in prison and a fine up to $10,000. Sale or possession within 300 yards of a school, public park or playground doubles the possible penalties.
Convictions for possession, manufacture or sale of one kilogram or more carry mandatory minimum sentences. For five kilograms or less, the penalty is a mandatory minimum sentence of ten years in prison with a maximum of 50 years and a fine of $10,000 - $500,000. For more than five kilograms, the penalty is a mandatory minimum sentence of twenty years in prison with a maximum of life in prison and a fine of $25,000 - $100,000.
For sentences of probation with no imprisonment, the offender is required to undergo a drug abuse evaluation, attend a drug education course and perform 100 hours of community service. |
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.
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.
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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