 |
|
Incarceration |
Fine |
| Possession |
| Any amount (first offense) |
misdemeanor |
6 months |
$500 |
| Any amount (second offense) |
misdemeanor or felony |
5 years |
$2,000 |
| Any amount (third or subsequent offense) |
felony |
20 years |
variable |
| Possession within 1,000 feet of school, church or public housing |
felony |
MMS* of 1/2 maximum penalty |
variable |
| *Mandatory minimum sentence. |
| Sale or Cultivation (or possession with intent to sale) |
| Less than 60 lbs |
felony |
5 - 30 years |
$50,000 |
| 60 - 2,000 lbs |
felony |
10 - 60 years |
$50,000 - $100,000 |
| 2,000 - 10,000 lbs |
felony |
20 - 80 years |
$100,000 - $400,000 |
| More than 10,000 lbs |
felony |
50 - 80 years |
$400,000 - $1,000,000 |
| Sale to minor at least 3 years younger than the seller |
felony |
double penalty |
double penalty |
| Sale within 1,000 feet of school, or specifed areas |
felony |
MMS* of 1/2 maximum penalty |
variable |
| *Mandatory minimum sentence. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession or sale (first offense) |
misdemeanor |
6 months |
$500 |
| Paraphernalia possession or sale (second offense) |
misdemeanor |
1 year |
$1,000 |
| Paraphernalia possession or sale (third offense) |
misdemeanor or felony |
5 years |
$5,000 |
|
|
|
Possession of any amount of marijuana is punishable by up to six months in jail and a fine of up to $500 for a first offense. For a second offense the penalties increase to up to five years in prison and a fine of up to $2,000. A third or subsequent offense increases the penalty to up to 20 years in prison.
Cultivation or sale, or possession with intent to distribute less than 60 pounds of marijuana is punishable by 5 - 30 years in prison and a fine of up to $50,000. For greater than 60 pounds of marijuana the penalty increases to 10 - 60 years in prison and a fine of up to $50,000 - $100,000. For greater than 2,000 pounds the punishment ranges from 20 - 80 years in prison and a fine of $100,000 - $400,000. For greater than 10,000 pounds the penalty increases to 50 - 80 years in prison and a fine of $400,000 - $1,000,000.
Any sale to a minor at least three years younger than the seller doubles the possible penalties.
For felony possession or sale within 1,000 feet of a school, religious building or public housing the penalty includes a mandatory minimum sentence of at least one half of the maximum penalty for the offense.
Possession or sale of paraphernalia is punished by up to six months in jail and a fine of up to $500 for the first offense. For a second offense, the penalty increases to up to one year in jail and a fine of up to $1,000. For a third offense, the penalty is up to five years in prison and a fine of up to $5,000. |
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
|
