 |
|
Incarceration |
Fine |
| Possession |
| 1 oz or less (first offense)* |
misdemeanor |
30 days |
$100 - $200 |
| 1 oz or less (subsequent offense) |
misdemeanor |
1 year |
$200 - $1,000 |
| More than 1 oz |
see Sale or Trafficking |
| *Conditional discharges possible for first offense. |
| Cultivation |
| Less than 100 plants |
felony |
5 years |
$5,000 |
| 100 to 1,000 plants |
felony |
25 years MMS** |
$25,000 |
| 1,000 to 10,000 plants |
felony |
25 years MMS** |
$50,000 |
| More than 10,000 plants |
felony |
25 years MMS** |
$200,000 |
| **Mandatory minimum sentence. |
| Sale or Trafficking |
| Less than 10 lbs |
felony |
5 years |
$5,000 |
| 10 to 100 lbs |
felony |
1 year MMS** |
$10,000 |
| 100 to 2,000 lbs |
felony |
25 years MMS** |
$25,000 |
| 2,000 to 10,000 lbs |
felony |
25 years MMS** |
$50,000 |
| 10,000 lbs or more |
felony |
25 years MMS** |
$200,000 |
| To a minor, or within a one-half mile radius of a school, public park or playground |
felony |
10 years |
$10,000 |
| **Mandatory minimum sentence. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession |
civil citation |
none |
$500 |
|
|
|
Possession of one ounce or less is punishable by up to 30 days in jail and a fine of $100 - $200 for a first offense. For subsequent offenses the penalties increase to up to a year in jail and a fine of $200 - $1,000. Convictions for a first offense are eligible for conditional discharges. Possession of greater than one ounce is considered evidence of intent to sell and is punished as such.
Sale or delivery of less than ten pounds of marijuana is punishable by up to five years in prison and a fine up to $5,000. Sale or delivery of 10 pounds or more is considered trafficking and all trafficking offenses are subject to mandatory minimum sentences. For trafficking of less than 100 pounds the mandatory minimum sentence is one year with a maximum of 10 years and a fine of $10,000. For sale or delivery of less than 2,000 pounds the mandatory minimum sentence is 25 years in prison and a fine of $25,000. For less than 10,000 pounds the penalty is also a minimum of 25 years in prison and the fine increases to $50,000. For amounts of 10,000 pounds or more the mandatory minimum is 25 years with a maximum of thirty and a fine of $200,000.
Sale to a minor or within a one-half mile radius of a school, public park or playground is a separate offense and carries a penalty of up to 10 years in prison and a fine up to $10,000.
Cultivation of less than one hundred marijuana plants is punishable by up to five years in prison and a fine of up to $5,000. Cultivation of 100 marijuana plants or more is punishable by a mandatory minimum sentence of 25 years in prison and a fine of $25,000. For more than 1,000 plants, the mandatory minimum stays at 25 years, but the fine increases to $50,000. For greater than 10,000 plants the mandatory minimum sentence is 25 years with a maximum of 30 years and a fine of $200,000.
Possession of paraphernalia is punishable by a civil fine of $500. |
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.
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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