|
|
Incarceration |
Fine |
Possession |
Less than 2 oz (first offense)* |
misdemeanor |
6 months |
$500 |
Less than 2 oz (second offense) |
felony |
2 years |
$2,000 |
2 oz to 1 lb |
felony |
3 years |
$10,000 |
1 to 10 lbs |
felony |
5 years |
$100,000 |
10 lbs or more |
felony |
15 years |
$500,000 |
*Possible deferred sentencing for first offenders. |
Cultivation |
3 to 10 plants |
felony |
3 years |
$10,000 |
11 to 25 plants |
felony |
5 years |
$100,000 |
More than 25 plants |
felony |
15 years |
$500,000 |
Sale |
Less than 1/2 oz |
felony |
2 years |
$10,000 |
1/2 oz to 1 lb |
felony |
5 years |
$100,000 |
1 lb or more |
felony |
15 years |
$500,000 |
Delivery to a minor at least 3 years younger by seller over age 18 |
felony |
5 years |
$25,000 |
To a minor or on school grounds or on a school bus |
felony |
additional 10 years |
|
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
Paraphernalia sale |
misdemeanor |
1 year |
$1,000 |
|
Possession of less than two ounces of marijuana is punishable by up to six months in jail and a fine up to $500 for the first offense. For a second offense the penalty increases to a possible two years in prison and a fine up to $2,000. There is a possibility of deferred sentencing for first offenders. For possession of two ounces or more, the penalty is up to three years in prison and a fine up to $10,000. Possession of one pound or more is punishable by up to five years in prison and a fine up to $100,000. Possession of ten pounds or more carries a penalty of up to 15 years in prison and a fine up to $500,000.
Cultivation of greater than three plants is punishable by up to three years in prison and a fine up to $10,000. For greater than 10 plants, the penalties increase to a possible five years in prison and a fine up to $100,000. Cultivation of greater than 25 plants carries a penalty up to 15 years in prison and a fine up to $500,000.
Sale or delivery of less than one-half ounce of marijuana is punishable by up to two years in prison and a fine up to $10,000. For amounts of one-half ounce or more, the penalties increase to a possible five years in prison and a fine up to $100,000. Sale or delivery of one pound or more carries a penalty of up to 15 years in jail and a fine up to $500,000.
Anyone over 18 who delivers marijuana to a minor who is at least three years his junior faces an additional penalty of up to five years in prison and a fine up to $25,000. Any sale of marijuana to a minor or any sale on school grounds or on a school bus carries an additional sentence of up to ten years in prison.
Sale of paraphernalia is punishable by up to one year in jail and a fine of up to $1,000. |
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.
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.
Hemp:
This state has an active hemp industry.
Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than
1%) amounts of tetrahydrocannabinol (THC), the
primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the
making of textiles, paper, paints, clothing, plastics,
cosmetics, foodstuffs, insulation, animal feed, and
other products.
* Data provided by NORML
|