 |
|
Incarceration |
Fine |
| Possession |
| 30 g or less |
misdemeanor |
1 year* |
$5,000 |
| More than 30 g |
misdemeanor or felony |
6 months - 3 years |
$10,000 |
| *Possible conditional discharge on first offense. |
| Sale or Cultivation |
| 30 g or less |
misdemeanor |
1 year |
$5,000 |
| 30 g to 10 lbs |
felony |
6 months - 3 years |
$10,000 |
| 10 lbs or more |
felony |
2 - 8 years |
$10,000 |
| Sale within 1,000 feet of school, or other specified areas |
felony |
2 - 8 years |
$10,000 |
| Sale to minor |
felony |
6 months - 3 years |
$10,000 |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession (first offense) |
civil fine |
none |
$10,000 |
| Paraphernalia possession or sale (subsequent offense) |
felony |
6 months - 3 years |
$10,000 |
| Present where knowledge of drug activity occurs |
misdemeanor |
6 months |
$1,000 |
| Possession, sale or distribution conviction causes driver's license suspension for 6 months to 2 years. |
|
|
|
The possession of 30 grams or less of marijuana is a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. For first offenders, the court may consider a conditional discharge. For possession of more than 30 grams, the penalties range from 6 months - 3 years in prison and a fine of up to $10,000.
The cultivation, delivery or sale of 30 grams or less is a misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Cultivation or delivery of more than 30 grams is a felony, punishable by six months - three years in prison and a fine of up to $10,000. For cultivation or delivery of any amount of ten pounds or more the penalties range from 2 - 8 years in prison and a fine of up to $10,000.
Any sale within 1,000 feet of a school, public park or a family housing complex, or any sale on a school bus is punishable by 2 - 8 years in prison and a fine of up to $10,000. Sale to a minor is punishable by 6 months - 3 years in prison and a fine of up to $10,000.
Possession of paraphernalia can be a misdemeanor if it is committed “recklessly”, and is punishable by imprisonment for a fixed term of not more than one year and a fine of not more than $5,000. There is no mention in the statute of what “recklessly” means. Possession of paraphernalia can be a felony if the person has a previous judgment or conviction under the statute, and is punishable by imprisonment for a fixed term of one and one-half years and a fine of not more than $10,000.
Knowingly visiting a place where drugs are used is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.
A person convicted of dealing or possessing marijuana will have his operator’s license suspended, his existing motor vehicle registration suspended, and his ability to register motor vehicles to be suspended. |
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.
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
|
