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|
Incarceration |
Fine |
| Possession |
| Less than 8 oz (first offense) |
misdemeanor |
1 year |
$500 |
| Less than 8 oz (subsequent offense) |
felony |
1 - 5 years |
$1,000 - $10,000 |
| 8 oz or more |
see Sale or Trafficking |
| Cultivation |
| Less than 5 plants (first offense) |
misdemeanor |
1 year |
$500 |
| Less than 5 plants (subsequent offense) |
felony |
1 - 5 years |
$1,000 - $10,000 |
| 5 plants or more (first offense) |
felony |
1 - 5 years |
$1,000 - $10,000 |
| 5 plants or more (subsequent offense) |
felony |
5 - 10 years |
$1,000 - $10,000 |
| Sale or Trafficking |
| Less than 8 oz |
misdemeanor |
1 year |
$500 |
| 8 oz to 5 lbs |
felony |
1 - 5 years |
$1,000 - $10,000 |
| 5 lbs or more |
felony |
5 - 10 years |
$1,000- $10,000 |
| Sale to minor (first offense) |
felony |
5 - 10 years |
$1,000 - $10,000 |
| Sale to minor (subsequent offense) |
felony |
10 -20 years |
$1,000 - $10,000 |
| Within 1,000 feet of school |
felony |
1 - 5 years |
$1,000 - $10,000 |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession (first offense) |
misdemeanor |
1 year |
$500 |
| Paraphernalia possession (subsequent offense) |
felony |
1 - 5 years |
$1,000 - $10,000 |
Any first conviction of a minor causes driver's license suspension for 1 year.
Any subsequent conviction of a minor causes driver's license suspension for 2 years. |
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Possession of less than eight ounces of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $500. For subsequent offenses, the penalties increase to 1 - 5 years in jail and a fine of $1,000 - $10,000. Possession of eight ounces or more is considered possession with intent to sell and is charged as trafficking.
Sale or delivery (trafficking) of less than eight ounces is punishable by up to one year in jail and a fine of up to $500. The penalties for sale or delivery of eight ounces or greater are 1 - 5 years in prison and a fine of $1,000 - $10,000. Sale or delivery of five pounds or more is punishable by 5 - 10 years in prison and a fine of $1,000 - $10,000.
Any sale to a minor is punishable by 5 - 10 years in prison and a fine of $1,000 - $10,000 for a first offense, and 10 - 20 years in prison and a fine of $1,000 - $10,000 for a second or subsequent offense.
Any sale within 1,000 feet of a school is punishable by 1 - 5 years in prison and a fine of $1,000 - $10,000.
Cultivation of less than five plants is punishable by up to one year in jail and a fine of up to $500. For subsequent offenses, the penalties increase to 1 - 5 years in prison and a fine of $1,000 - $10,000. For cultivation of five plants or more, the penalties are 1 - 5 years in prison and a fine of $1,000 - $10,000. For subsequent offenses the penalties increase to 5 - 10 years in prison and fines of $1,000 - $10,000.
Possession of paraphernalia is a misdemeanor for the first offense, punishable by up to one year in jail and a fine of up to $500. Subsequent offenses are punishable by 1 - 5 years in prison and a fine of $1,000 - $10,000.
Minors convicted of drug offenses are also subject to suspension of their driver's licenses for one year for the first offense and two years for the second offense. |
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.
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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