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Incarceration |
Fine |
Possession |
Any amount (first offense) |
misdemeanor |
6 months* |
$1,000 |
Any amount (subsequent offense) |
misdemeanor |
double penalty |
double penalty |
Within 1,000 feet of a school, or other specified areas |
misdemeanor |
additional 100 hours of community service |
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*Conditional discharge available. |
Cultivation |
10 plants or less |
felony |
4.5 years |
$500 - $25,000 |
11 to 50 plants |
felony |
3 months - 7.5 years |
$1,000 - $50,000 |
More than 50 plants |
felony |
1 - 15 years |
$1,000 - $100,000 |
Sale |
500 g or less |
felony |
4.5 years |
$500 - $25,000 |
500 to 2,500 g |
felony |
3 months - 7.5 years |
$1,000 - $50,000 |
2,500 g or more |
felony |
1 - 15 years |
$1,000 - $100,000 |
To a minor who is at least three years younger than seller |
felony |
double penalty |
double penalty |
Within 1,000 feet of a school, or other specified areas |
felony |
additional 5 years |
|
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
Paraphernalia possession |
misdemeanor |
30 days |
$500 |
Paraphernalia sale |
misdemeanor |
90 days |
$1,000 |
Paraphernalia sale to a minor |
misdemeanor |
9 months |
$10,000 |
For convictions of subsequent offenses the penalties double. Any conviction causes driver's license suspension for 6 months - 5 years. |
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Possession of marijuana is punishable by up to six months in jail and a fine of up to $1,000 for the first offense, and for subsequent offenses, the possible penalties double. Conditional discharge is available for first offenders. Possession within 1,000 feet of a school, school bus, public park, public pool, youth center or community center adds an additional 100 hours of community service to the sentence for possession. A second or subsequent possession charge is a felony. Fines and incarceration are doubled.
Cultivation of 10 plants or less is punishable by up to 4.5 years in prison and a fine of $500 - $25,000. For greater than 10 plants, the penalties increase to 3 months - 7.5 years in prison and a fine of $1,000 - $50,000. Cultivation of greater than 50 plants carries a penalty of 1 - 15 years in prison and a fine of $1,000 - $100,000.
Delivery, sale or possession with intent to sell 500 grams or less of marijuana is punishable by up to 4.5 years in prison and a fine of $500 - $25,000. For amounts greater than 500 grams the penalty increases to 3 months - 7.5 years in prison and a fine of $1,000 - $50,000. Greater than 2,500 grams carries a penalty of 1 - 15 years in prison and a fine of $1,000 - $100,000.
Sale or delivery to a minor who is at least three years younger than the offender doubles the possible penalties. Sale within 1,000 feet of a school, school bus, public park, public pool, youth center, community center, treatment facility, jail or public housing project adds five years to the maximum possible prison term. Distribution or sale on a public transit vehicle also increases the maximum possible prison sentence by five years.
Possession of paraphernalia is punishable by up to 30 days in jail and a fine up to $500. Delivery or possession with intent to distribute is punishable by up to 90 days in jail and a fine up to $1,000, unless the sale or delivery was to a minor, in which case the penalties increase to a possible 9 months in jail and a fine up to $10,000.
For convictions of second or subsequent offenses the penalties double.
Upon conviction of a drug offense, the offender's driver's license is suspended for 6 months - 5 years. |
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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