 |
|
Incarceration |
Fine |
| Possession |
| any amount (first offense) |
violation |
1 year* |
none |
| any amount (subsequent offense) |
felony |
2 - 10 years |
none |
| *Conditional discharge available. |
| Cultivation |
| 1000 plants or less |
felony |
2 years - life |
$20,000 |
| More than 1000 plants |
felony |
20 years - life |
$50,000 |
| Sale |
| Less than 25 lbs |
felony |
2 years - life |
$20,000 |
| 25 lbs to 1000 lbs |
felony |
4 years - life |
$25,000 - $100,000 |
| 1000 lbs or more |
felony |
4 years - life |
$100,000 - $500,000 |
| To minors |
felony |
double penalty |
double penalty |
| Within 2,000 feet of schools, public parks or public housing |
felony |
double penalty + MMS** |
double penalty |
| **Mandatory minimum sentence of 50% of the imposed sentence. |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| paraphernalia |
misdemeanor |
1 year |
$1,100 |
| paraphernalia (2nd offense) |
misdemeanor |
1 year |
$5,100 |
| paraphernalia (3rd offense) |
misdemeanor |
1 year |
$10,100 |
|
Any conviction causes driver's license suspension for 6 months to 3 years. |
|
|
|
Possession of any amount of marijuana is punishable by up to one year in jail for the first offense and 2 - 10 years in prison for subsequent offenses. Conditional discharge is available to first time offenders.
Cultivation of 1,000 plants or less is punishable by 2 years - life in prison and a fine up to $20,000. Cultivation of greater than 1,000 plants is punishable by 20 years - life in prison and a fine up to $50,000.
Sale or delivery of less than 25 pounds is punishable by 2 years - life in prison and a fine of $20,000. For sale or delivery of 25 pounds or more the penalties increase to 4 years - life in prison and a fine of $25,000 - $100,000. Sale or delivery of 1,000 pounds or more is also punishable by 4 years - life in prison, but the fine increases to $100,000 - $500,000. Any sale to a minor doubles the penalties. Sale within 2,000 feet of schools, public parks or public housing doubles the available penalties and carries a mandatory minimum sentence of 50% of the imposed sentence. |
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.
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
|
