 |
|
Incarceration |
Fine |
| Possession |
| Any amount |
misdemeanor |
6 months |
$1,150 |
| Within 1,000 feet of a school |
felony |
15 years |
$250,000 |
| Within 300 feet of a church, park or rec. center |
felony |
15 years |
$250,000 |
| Cultivation or Sale |
| Any amount |
felony |
5 years |
$1,000 - $10,000 |
| 5 - 100 lbs |
felony |
2 years MMS* |
$25,000 |
| 100 - 500 lbs |
felony |
4 years MMS* |
$50,000 |
| 500 lbs or more |
felony |
8 years MMS* |
$100,000 |
| *Mandatory minimum sentence |
| Sale to minor |
| To person under 21 |
felony |
5 years |
$1,000 - $10,000 |
| To person under 16 |
felony |
6 months MMS* |
$1,000 - $10,000 |
| To person under 14 |
felony |
1 year MMS* |
$1,000 - $10,000 |
| Purchase from minor under 18 |
felony |
5 years |
none |
| Purchase from minor under 16 |
felony |
6 months MMS* - 5 years |
none |
| Purchase from minor under 14 |
felony |
1 year MMS* - 5 years |
none |
| *Mandatory minimum sentence |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession |
misdemeanor |
1 year |
$2,300 |
| Paraphernalia sale |
felony |
1 years |
 |
| Paraphernalia sale or delivery to minor |
felony |
5 years |
|
|
|
|
Possession of any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $1,150. If the possession or sale of marijuana occurs within 1000 feet of a school the penalty can be up to 15 years in prison and a fine of up to $250,000, and if it occurs within 300 feet of a church, park or recreation area the penalty can be up to 15 years in prison and a fine of up to $250,000.
Manufacture or delivery of marijuana in any amount is a felony, punishable by up to five years in prison and a fine of $10,000. If the sale of marijuana is made to a person under the age of 21, the punishment can be up to five years in prison. If the person is under 16 years of age, there is a mandatory minimum sentence of six months imposed. If the person is under 14 years of age, there is a mandatory one year minimum sentence imposed.
If marijuana is purchased from a minor under 21 years old, the sentence can be up to five years in prison. If purchased from a minor under 16 years old, there is a six month mandatory minimum sentence imposed, with a maximum sentence of five years. If marijuana is purchased from a minor under 14 years old, a mandatory minimum sentence of one year and no more than 5 years will be imposed.
It is a felony to traffic in marijuana and all violations have mandatory minimum sentences. For greater than five pounds, the minimum sentence is two years and a fine of $25,000. For 100 pounds or more, the minimum sentence is four years and a fine of $50,000. For 500 pounds or more, the minimum sentence is eight years and a fine of $100,000.
The use or possession of paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,300. The sale of paraphernalia is a felony punishable by up to two years in prison. Sale or delivery of paraphernalia to a minor is punishable by up to five years in prison. |
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.
* Data provided by NORML
|
