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|
Incarceration |
Fine |
Possession |
30 g or less |
misdemeanor |
30 days |
$500 |
More than 30 g |
misdemeanor |
1 year |
$5,000 |
Possible probation for first offense. Any second or subsequent conviction can double penalty. |
Sale or Cultivation |
Distribution of 30 g or less for no renumeration |
misdemeanor |
30 days |
$500 |
Sale of less then 1,000 lbs |
felony |
5 years |
$15,000 |
Sale of more than 1,000 lbs |
felony |
10 years |
$100,000 |
To a minor by seller over age 21 |
felony |
double penalty |
double penalty |
Possible probation for first offense. Any second or subsequent conviction can double penalty. |
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
Paraphernalia possession or sale |
misdemeanor |
1 year |
$2,500 |
Paraphernalia possession or sale to minor |
misdemeanor or felony |
double penalty |
double penalty |
Possible probation for first offense. Any second or subsequent conviction can double penalty. |
Details |
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Possession of 30 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. The penalties for possession of greater than 30 grams increase to a possible one year in prison and a fine up to $5,000.
Delivery for no renumeration of 30 grams or less of marijuana is treated as possession with a possible penalty of 30 days in jail and a fine up to $500. Cultivation, delivery or sale of 1,000 pounds or less is punishable by up to five years in prison and a fine of up to $15,000. For amounts greater than 1,000 pounds, the penalty increases to a possible 10 years in prison and a fine up to $100,000. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime. Sale or distribution to a minor by a person over the age of 21 doubles the possible penalties.
Possession or sale of paraphernalia is punishable by up to one year in jail and a fine up to $2,500, unless the sale was to a minor, in which case the possible penalties double.
For first offenders, the court may grant probation without verdict.
Any second or subsequent drug conviction increases the possible penalties to twice those for first time offenders. |
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 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 above a specific threshold.
* Data provided by NORML
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