 |
|
Incarceration |
Fine |
| Possession |
| 1 oz or less (first offense)* |
civil citation |
none |
$100 |
| 1 oz or less (second offense) |
misdemeanor |
5 days |
$200 |
| 1 oz or less (subsequent offense) |
misdemeanor |
7 days |
$300 |
| 1 oz to 1 lb |
misdemeanor |
7 days |
$500 |
| More than 1 lb |
felony |
5 years |
$10,000 |
| *Possible drug education course. |
| Sale |
| Any amount |
felony |
1 year MMS** - 20 years |
$25,000 |
| To a minor |
felony |
3 years MMS** - 20 years |
$50,000 |
| Within 1,000 feet of school or 100 to 1,000 feet of other specified areas |
felony |
3 years MMS** - 50 years |
$50,000 |
| **Mandatory minimum sentence. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession (first offense) |
civil citation |
none |
$100 |
| Paraphernalia possession (second offense) |
civil citation |
none |
$200 - $300 |
| Paraphernalia possession (subsequent offense) |
civil citation |
none |
$200 - $500 |
| Paraphernalia sale |
misdemeanor |
6 monts |
$1,000 |
|
|
|
Possession of one ounce or less of marijuana is an infraction, and the offender receives a citation and is subject to a $100 fine and possible referral to a drug education course for the first offense. For a second offense, the penalty increases to a possible 5 days in jail and a fine of $200. For subsequent offenses, the fine increases to $300 and a possible 7 days jail time. For possession of greater than one ounce, the penalty is up to 7 days in jail and a fine up to $500. Possession of greater than one pound is punishable by up to five years in prison and a fine up to $10,000.
The penalty for distribution of marijuana is up to 20 years in prison and a fine up to $25,000. The penalty increases for sale to minors and sale within 1,000 feet of a school, college or playground, or within 100 feet of a youth center, public swimming pool or video arcade to the next higher classification of offense.
Possession of paraphernalia is punishable by a fine of $100 for the first offense. For the second offense, the fine increases to $200 - $300 and for subsequent offenses, the fine increases to $200 - $500. Sale of paraphernalia is punishable by up to six months in jail and a fine 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.
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.
Decriminalization:
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small
amount for personal consumption. The conduct is treated like a minor
traffic violation.
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
|
