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Incarceration |
Fine |
Possession |
2 oz or less* |
misdemeanor |
180 days |
$2,000 |
2 to 4 oz* |
misdemeanor |
1 year |
$4,000 |
4 oz to 1 lb* |
state jail felony |
180 days - 2 years |
$10,000 |
1 to 5 lbs |
state jail felony |
180 days - 2 years |
$10,000 |
5 to 50 lbs |
felony |
2 - 10 years |
$10,000 |
50 to 2,000 lbs |
felony |
2 - 20 years |
$10,000 |
More than 2,000 lbs |
felony |
5 - 99 years |
$50,000 |
Sale |
Gift of 1/4 oz or less |
misdemeanor |
180 days |
$2,000 |
Sale of 1/4 oz or less |
misdemeanor |
1 year |
$3,000 |
1/4 oz to 5 lbs |
state jail felony |
180 days - 2 years |
$10,000 |
5 to 50 lbs |
felony |
2 - 20 years |
$10,000 |
50 to 2,000 lbs |
felony |
5 - 99 years |
$10,000 |
2,000 lbs or more |
felony |
MMS 10 - 99 years |
$100,000 |
To a minor |
felony |
2 - 20 years |
$10,000 |
Within 1,000 feet of a school or within 300 feet of specified areas |
misdemeanor or felony |
increased penalty |
increased penalty |
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
Paraphernalia possession |
civil citation |
none |
$500 |
Paraphernalia sale |
misdemeanor |
1 year |
$3,000 |
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* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.
Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $2,000. Possession of greater than two ounces is punishable by up to one year in jail and a fine up to $4,000. For greater than four ounces the penalty increases to 180 days - two years in jail and a fine up to $10,000. Possession of greater than five pounds carries a penalty of 2 - 10 years in prison and a fine up to $10,000. For greater than 50 pounds the penalties increase to 2 - 20 years in prison and a fine up to $10,000. For any amount greater than 2,000 pounds the penalty is 5 - 99 years and a fine up to $50,000.
The penalty for delivery, without remuneration, of one-quarter of an ounce or less is up to 180 days in jail and a fine up to $2,000. For delivery or sale of one-quarter of an ounce or less the penalty is up to one year in jail and a fine of up to $ 3,000. For delivery or sale of amounts greater than one-quarter ounce of marijuana the penalty increases to 180 days - 2 years in jail and a fine up to $10,000. Sale or delivery of greater than five pounds is punishable by 2 - 20 years in prison and a fine up to $10,000. The penalty for delivery or sale of greater than 50 pounds is 5 - 99 years in prison and a fine up to $10,000. For any amount of 2,000 pounds or greater, the penalty is a mandatory minimum 10 - 99 years in prison and a fine up to $100,000.
Any sale to a minor is punishable by 2 - 20 years in prison and a fine up to $10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level.
Possession of paraphernalia is punishable by a fine of $500 and sale of paraphernalia is punishable by up to one year in jail and a fine of up to $3,000. |
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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