Alabama

Alabama Cannabis Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Any amount misdemeanor 1 year $ 6,000

Other Than Personal Use

Any amount felony 1* – 10 years $ 15,000
* Mandatory minimum sentence

Sale

Any amount felony 2* – 20 years $ 30,000
To a minor felony 10 years – life $ 60,000
Within 3 miles of a school or a public housing project felony 5 years $ 0
* Mandatory minimum sentence

Trafficking

2.2 lbs – 100 lbs felony 3 years* $ 25,000
100 lbs – 500 lbs felony 5 years* $ 50,000
500 lbs – 1,000 lbs felony 15 years* $ 200,000
* Mandatory minimum sentence, and a possible sentence of 10-99 years

Hash & Concentrates

Possession felony 1 day – 10 years $ 0
Manufacture felony 2 – 20 years $ 30,000

Paraphernalia

Sale or possession of paraphernalia misdemeanor 1 year $ 2,000
Sale of paraphernalia to a minor felony 2 – 20 years $ 30,000

Miscellaneous

A marijuana conviction will result in a 6 month driver’s license suspension.

Penalty Details

Possession for Personal Use

In Alabama, marijuana for “personal use only” is a Class A Misdemeanor, punishable by a maximum sentence of 1 year and a maximum fine of $6,000.

Marijuana possessed for reasons other than “personal use,” or if the offender has been previously convicted of marijuana possession for “personal use” only, is unlawful possession of marijuana in the first degree and is a Class C felony, punishable by a prison sentence of a minimum of one year in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000.

See:

Sale

Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000.

The sale to a minor is a felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000.

Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment.

* The imposition of the sentence will not be suspended and probation will not be granted.

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Cultivation

Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the “Possession for Personal Use” section for further penalty details.

Trafficking

The sale, cultivation, or manufacture of 2.2 lbs- 100 lbs. is considered trafficking and is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a possible sentence of 10-99 years, as well as a maximum fine of $25,000.

The sale, cultivation, or manufacture of 100 lbs.- 500 lbs. is a felony punishable by a mandatory minimum sentence of 5 years and a maximum fine of $50,000.

The sale, cultivation, or manufacture of 500 lbs.-1,000 lbs. is a felony punishable by a mandatory minimum sentence of 15 years and a maximum fine of $200,000.

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Hash & Concentrates

In Alabama, hashish and THC concentrates are Schedule 1 substances.

Possession of a Schedule I substance is a Class C felony. A conviction for a Class C felony results in a sentence of 1year and one day to 10 years. This differs from Alabama’s treatment of marijuana because with hashish there is no lesser penalty for personal use. Possession of hashish or concentrates in Alabama will be a Class C felony even if the compound would have been for personal use.

Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. A Class B felony conviction is punishable by a term of imprisonment between 2 – 20 years and a fine no greater than $30,000. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture.

Manufacture of a Schedule I substance is a Class A felony if two or more of these factors are met:
• The manufacture occurred within 500 feet of a school, church, place of business, or home;
• During the manufacture a person 17 years old or young was present;
• The manufacture produced any amount of a Schedule I substance;
• A firearm was present;
• There was the use of a booby trap;
• A danger was created during the transportation or delivery of dangerous materials necessary for the manufacture that posed a risk to human health or safety.

Class A felonies conviction is punishable by a term of imprisonment between 10 – 99 years and a fine no greater than $60,000 or twice the value of manufacturing materials and products.

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Sale, furnishing, or giving a Schedule I substance by a person over 18 to a person under 18 is a Class A felony, punishable by a term of imprisonment between 10-99 years and a fine no greater than 60,000 or twice the value of the concentrate involved.

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Paraphernalia

Sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Sale of paraphernalia to a minor 3 or more years younger than the seller is a felony punishable by 2-20 years imprisonment and a maximum fine of $30,000.

See:

Miscellaneous

A marijuana conviction will result in a 6 month driver’s license suspension.

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.

MEDICAL CBD
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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Alaska

Alaska Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Less than 4 oz in your residence not classified N/A $ 0
Less than 1 oz misdemeanor 90 days $ 2,000
1 – 4 oz misdemeanor 1 year $ 1,000
4 oz or more felony 5 years $ 50,000
Any amount within 500 feet of school grounds or rec. center* not classified 5 years $ 50,000
*If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence.

With Intent to Distribute

Less than 1 oz misdemeanor 1 year $ 10,000
1 oz or more felony 5 years $ 50,000
*If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence.

Sale or Delivery

Less than 1 oz misdemeanor 1 year $ 10,000
1 oz or more felony 5 years $ 1,000
To a person under 19 who is 3 years or more younger than the seller. felony 10 years $ 100,000

Cultivation

Less than 25 plants in residence not classified N/A $ 0
1 oz or more felony 5 years $ 1,000
To a person under 19 who is 3 years or more younger than the seller. felony 10 years $ 100,000

Hash & Concentrates

Possession of 3g or less misdemeanor 0 – 1 year $ 10,000
Possession of more than 3g felony 0 – 2 years $ 50,000
Delivery, manufacture, or possessing with intent to distribut of any amount felony 1 – 3 years $ 100,000

Civil Asset Forfeiture

Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.

Miscellaneous (license suspensions, civil damages, etc…)

Offense within owned structure felony 5 years $ 500,000
Administrative revocation of license to drive for consumption or possession
Potential liability if sold or gifted

Penalty Details

Marijuana is a Schedule VIA substance under the Controlled Substances chapter of Alaskan criminal law. However, tetrahydrocannabinols, hash, and hash oil are Schedule IIIA substances.

See:

Possession for Personal Use

Use or display of any amount or possession of less than 1 ounce of marijuana is a class B misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $2,000. However, if the use, display, or possession was for personal use and occurred in the confines of the offender’s private residence, there is no penalty and this act is protected under the Alaskan constitutional right to privacy. It is class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to possess 1 ounce or more but less than 4 ounces of marijuana. However, if the possession was for personal use and occurred in the confines of the offender’s private residence, there is no penalty and this act is protected under the Alaskan constitutional right to privacy. Possession of 4 or more ounces of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See:

Possession within 500 feet of school grounds, a recreation or youth center, or on a school bus is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000. It is an affirmative defense to this charge that the violation occurred entirely within the confines of a personal residence.

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Possession with Intent to Distribute

It is a class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to possess with intent to distribute less than 1 ounce of marijuana. Possession with intent to distribute an ounce or more of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

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Sale/Delivery

It is a class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to deliver with or without compensation less than 1 ounce of marijuana. Delivery with or without compensation of an ounce or more of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

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Delivery to a person under the age of 19 by a person at least 3 years his senior is a class B felony punishable by up to 10 years imprisonment and/or a fine up to $100,000.

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Cultivation

Cultivation of less than 25 plants of marijuana for personal use in a private residence is protected under the right to privacy of the Alaska constitution. Cultivation of 25 plants or more is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See:

Hash & Concentrates

Hashish, hashish oil, and any other compound, mixture, or preparation containing THC is a Schedule IIIA substance.

See:

Possessing less than 3 grams of hashish or concentrate is considered misconduct involving a controlled substance in the fifth degree. Misconduct involving a controlled substance in the fifth degree is a Class A misdemeanor. A Class A misdemeanor conviction is punishable by a fine of up to $10,000 and a sentence of up to 1 year.

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Possessing more than three grams or more of hashish or concentrate is considered misconduct involving a controlled substance in the fourth degree. Possessing hashish or concentrates on a school bus or within 500 feet of a school or youth center is also misconduct involving a controlled substance in the fourth degree. Misconduct involving a controlled substance in the fourth degree is a Class C felony. A Class C felony conviction is punishable by a fine of up to $50,000 and a sentence of 0 -2 years, but previous felony convictions will increase the sentence up to 5 years total.

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Delivering any amount of a hashish or concentrate to an individual less than 19 years in age and who is at least three years younger than the person delivering the substance is misconduct involving a controlled substance in the first degree. Misconduct involving a controlled substance in the first degree is an unclassified felony which is punishable by a fine of up to $500,000 and a sentence of 5 – 99 years.

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Delivering, manufacturing, or possessing hashish or THC concentrates with the intent to deliver is considered misconduct involving a controlled substance in the third degree, which is a Class B felony. A Class B felony conviction is punishable by a fine of up to $100,000 and a sentence of 1 – 3 years, but previous felony convictions will increase the sentence up to 10 years total.

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If charged with misconduct involving a controlled substance in the fourth degree due to the crime occurring within 500 feet of a school or youth center then the defendant may raise the affirmative defense that all the activity took place within a private residence. This defense does not prevent a lesser charge from being brought.

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While Alaska does recognize medical affirmative defenses for possession of marijuana, those defenses do not apply to hashish or concentrates.

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Paraphernalia

Alaska does not have any laws punishing the possession, sale, or manufacture of paraphernalia.

Sentencing

The court, after rendering judgment or within 60 days of doing so, may suspend imposition of a sentence or part of a sentence and place the offender on probation. For first time offenders, the court may suspend imposition of a sentence for up to 1 year or for the maximum duration of the sentence that may be imposed, whichever is greater, if it determines that it would be in the interest of justice.

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For violations of the controlled substances chapter of Alaskan criminal law which involve the person’s own use of the substance, they may be committed to the Department of Corrections for treatment for up to 1 year. This may be in place of fine or imprisonment, but only if the imprisonment would not have exceeded 1 year.

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Presumptive terms of imprisonment increase for subsequent felony convictions.

See e.g.:

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Within 20 days of seizure of the property, the commissioner of public safety must notify all persons with an interest in the property. A person has 30 days to respond to this notice with a claim to the property.

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Miscellaneous

Administrative revocation of license to drive for consumption or possession of alcohol or drugs

The department shall revoke the driver’s license or permit, privilege to drive, or privilege to obtain a license of a person not yet 18 years of age for six months when notified of an informal adjustment and shall revoke the person’s driver’s license or permit… for an additional six months if informed of unsuccesful adjustment.

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Knowingly maintaining a structure used for drug offenses

It is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000 to maintain a structure (including vehicles and houses) that the owner knows is used for selling, storing, or using marijuana.

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Civil damages

When a person engages in action that causes civil damages while under the influence of a controlled substance and the intoxication contributed significantly to the damages, the person who sold or gave them the substance is strictly liable to him for the damages.

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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.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Arizona

Arizona Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 2 lbs felony 4 mos – 2 years $ 750
2 – 4 lbs felony 6 mos – 2.5 years $ 750
More than 4 lbs felony 1 – 3.75 years $ 750

Sale

Less than 2 lbs felony 1 – 3.75 years $ 750
2 – 4 lbs felony 2 – 8.75 years $ 750
More than 4 lbs felony 2 – 12.5 years $ 750

Manufacture

Less than 2 lbs felony 6 mos – 2.5 years $ 750
2 – 4 lbs felony 1 – 3.75 years $ 750
More than 4 lbs felony 2 – 8.75 years $ 750

Trafficking

Less than 2 lbs felony 2 – 8.75 years $ 750
2 lbs or more felony 2 – 12.5 years $ 750

Hash & Concentrates

Possession felony 1 – 3 years $ 2,000
Manufacture or transporting into the state felony 3 – 10 years $ 2,000

Paraphernalia

Possession or advertising of paraphernalia felony 4 mos – 2 years $ 750

Miscellaneous (license suspensions, civil damages, etc…)

Employing a minor in the commission of a drug offense, being convicted of a prior felony, or committing a drug offense in a school zone, lead to an increased sentence.

Penalty Details

Possession

Possession for personal use of less than 2 lbs. of marijuana is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Possession for personal use of 2-4 lbs. of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Possession for personal use of more than 4 lbs. of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

See:

Sale

The sale, or possessing for sale, of less than 2 lbs. of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.

The sale, or possessing for sale, of between 2-4 lbs. of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.

The sale, or possessing for sale, of more than 4 lbs. of marijuana is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.

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Manufacture

Producing less than 2 lbs. of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.

Producing between 2-4 lbs. of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.

Producing more than 4 lbs. of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.

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Trafficking

Bringing less than 2 lbs. of marijuana into AZ is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Bringing 2 lbs. or more of marijuana into AZ is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.

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Hash & Concentrates

In AZ, hashish and concentrates are Schedule I narcotic drugs listed as “Cannabis.” “Cannabis” is classified in Arizona as “The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin … and every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.”

See:

  • Arizona REV. STAT. § 13-3401(20)(w) Web Search
  • Arizona REV. STAT. § 13-3401(4)(a)-(b) Web Search

Knowingly possessing or using a narcotic drug is a class 4 felony, punishable by a minimum of 1 year imprisonment, a maximum of 3 years in prison, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Knowingly possessing a narcotic drug for sale is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Knowingly possessing the equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug is a class 3 felony, punishable by a minimum of 2 years imprisonment, a maximum of 7 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Manufacturing a narcotic drug is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Transporting a narcotic drug into the state is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

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Paraphernalia

Any possession of drug paraphernalia, as well as advertising for the sale of drug paraphernalia, is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.

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Miscellaneous

Employing a minor in the commission of a drug offense, being convicted of a prior felony, or committing a drug offense in a school zone, lead to an increased sentence.

See:

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Arkansas

Arkansas Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 4 oz (first offense) misdemeanor 1 year $ 2,500
1 – 4 oz (subsequent offense) felony 6 years $ 10,000
4 oz – 10 lbs felony 6 years $ 10,000
10 – 25 lbs felony 3* – 10 years $ 10,000
25 – 100 lbs felony 5* – 20 years $ 15,000
100 – 500 lbs felony 6* – 30 years $ 15,000
* Mandatory minimum sentence

Delivery

14 g or less misdemeanor 1 year $ 2,500
14 g – 4 oz felony 6 years $ 10,000
4 oz – 25 lbs felony 3* – 10 years $ 10,000
25 – 100 lbs felony 5* – 20 years $ 15,000
100 – 500 lbs felony 6* – 30 years $ 15,000
* Mandatory minimum sentence
Includes possession with intent to deliver
Includes manufacture

Trafficking

500 lbs or more felony 10* – 40 years $ 15,000
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of smoking paraphernalia misdemeanor 1 year $ 2,500
Possession of growing paraphernalia felony 6 years $ 10,000
Delivery of smoking paraphernalia to a minor at least 3 years younger misdemeanor 1 year $ 2,500
Delivery of growing paraphernalia to a minor at least 3 years younger felony 5* – 20 years $ 15,000
* Mandatory minimum sentence

Penalty Details

Simple Possession:

Possession of less than 4 oz. of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of between 1 oz and 4 oz by an offender who has had 2 or more previous drug convictions is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 4 oz and 10 lbs is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 10 lbs and 25 lbs is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Possession of between 25 lbs and 100 lbs is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Possession by 100 lbs and 500 lbs is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

See:

First time possession offenders may be sentenced to parole for a period of not less than one year, in lieu of jail time.

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A second or subsequent conviction will result in a doubled penalty.

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Possession with Intent to Deliver

Possession of up to 14 g (1/2 Oz) of marijuana with the intent to deliver it to an another individual is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of between 14 g (1/2 Oz) and 4 oz of marijuana with the intent to deliver it to an another individual is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 4 oz and 25 lbs of marijuana with the intent to deliver it to an another individual is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Possession of between 25 lbs and 100 lbs of marijuana with the intent to deliver it to an another individual is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Possession of between 100 lbs and 500 lbs of marijuana with the intent to deliver it to an another individual is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

Possession with Intent to Distribute can be shown if the:

  1. Person possesses means to weigh and separate marijuana
  2. Person possesses a written record of drug transactions
  3. Marijuana is bagged separately to facilitate delivery
  4. Person possesses a firearm on their person
  5. Person possesses at least 2 other controlled substances in addition to the marijuana
  6. Any other proof that the individual was intending to deliver the marijuana can be shown

See:

A second or subsequent conviction will result in a doubled penalty.

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Delivery

Delivering 14g or less of marijuana to another individual, with or without remuneration, is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Delivering between 14g and 4 oz of marijuana to another individual, with or without remuneration, is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Delivering between 4 oz and 25 lbs of marijuana to another individual, with or without remuneration, is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Delivering between 25 lbs and 100 lbs of marijuana to another individual, with or without remuneration, is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Delivering between 100 lbs and 500 lbs of marijuana to another individual, with or without remuneration, is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

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Delivering marijuana to a minor at least 3 years younger than the deliverer will result in a doubled penalty

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A second or subsequent conviction will result in a doubled penalty.

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Cultivation

Cultivation in Arkansas is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the “Simple Possession” and “Possession with Intent to Deliver” sections for further penalty details.

Manufacture

Manufacturing 14 g or less of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Manufacturing between 14 g and 4 oz of marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Manufacturing between 4 oz and 25 lbs of marijuana is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Manufacturing between 25 lbs and 100 lbs of marijuana is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Manufacturing between 100 lbs and 500 lbs of marijuana is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

See:

A second or subsequent conviction will result in a doubled penalty.

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Trafficking

Possessing 500lbs or more of marijuana is classified as trafficking and is a Class Y Felony, punishable by a mandatory minimum sentence of 10 years and a maximum of 40 years imprisonment.

See:

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

See:

Paraphernalia

Possession of smoking paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of growing paraphernalia is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

See:

Delivering of smoking paraphernalia to a minor at least 3 years younger than the deliver is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Delivering of growing paraphernalia to a minor at least 3 years younger than the deliver is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

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A second or subsequent conviction will result in a doubled penalty.

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Miscellaneous

Whenever a person pleads guilty, nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances, or of any drug offense, in this state or any other state, the court having jurisdiction of such matter… shall prepare… an order to suspend the driving privileges of the person for six (6) months.

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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.

California

California Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

28.5 grams or less infraction N/A $ 100
28.5 grams or less, over 18 years, and occurred on school grounds misdemeanor 10 days $ 500
28.5 grams or less, under 18 years misdemeanor 10 days* $ 250
More than 28.5 grams misdemeanor 6 mos $ 500

With Intent to Distribute

Any amount felony 16 mos – 3 years $ 0
*Detention center

Sale or Delivery

Any amount felony 2 – 4 years $ 0
Gift of 28.5 grams or less misdemeanor N/A $ 100
Over 18 years to an individual 14-17 years felony 3 – 7 years $ 0

Cultivation

Any amount felony 16 mos – 3 years $ 0

Hash & Concentrates

Possession N/A 1 year $ 500
Unauthorized manufacture N/A 16 mos – 3 years $ 500
Chemical manufacture N/A 3 – 7 years $ 50,000

Paraphernalia

Sale, delivery, possession with intent, and manufacture with intent misdemeanor 15 days – 6 mos $ 500
Involving a minor at least 3 years junior misdemeanor 1 year $ 1,000

Forfeiture

Vehicles and other property may be seized for controlled substance violations.

Miscellaneous

Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.
Any violation of the California Uniform Controlled Substances Act results in a fine up to $150.
A person who participates in the illegal marketing of marijuana is liable for civil damages.
It is a misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.
A controlled substance conviction can result in suspension of driving privileges.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the California Uniform Controlled Substances Act.

See:

  • California Health & Safety Code § 11054(d)(13) Web Search

Possession for Personal Use

Possession of up to and including 28.5 grams of marijuana is an infraction punishable by a fine of $100. Possession of more than 28.5 grams is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $500. If the amount possessed is 28.5 grams or less but the person is 18 years of age or older and the possession occurred on school grounds, the person is guilty of a misdemeanor punishable by up to 10 days imprisonment and/or a fine up to $500. If the offender was younger than 18 years of age, then the offense is a misdemeanor punishable by a fine up to $250 for the first offense and a fine up to $500 or commitment to a detention center for up to 10 days.

See:

  • California Health & Safety Code § 11357 Web Search

Possession with Intent to Distribute

Possession with intent to distribute any amount of marijuana is a felony punishable by 16-36 months imprisonment.

See:

Sale/Delivery

Sale or delivery of any amount of marijuana is a felony punishable by 2-4 years imprisonment. However, a gift or mere transportation of 28.5 grams or less of marijuana is a misdemeanor punishable by fine up to $100. If a person is arrested for this misdemeanor, they shall be released upon presentation of sufficient identification and signing of a written promise to appear in court.

See:

  • California Health & Safety Code § 11360 Web Search

Delivery or attempted delivery without compensation of any amount of marijuana by an individual aged 18 years or older to an individual who is 14-17 years old is a felony punishable by 3-5 years imprisonment. Delivery or attempted delivery without compensation of any amount of marijuana by an individual aged 18 years or older to an individual who is under the age of 14 is a felony punishable by 3-7 years imprisonment. Sale or attempted sale of any amount of marijuana by an individual aged 18 years or older to an individual under 18 years of age is a felony punishable by 3-7 years imprisonment.

See:

  • California Health & Safety Code § 11361 Web Search

Cultivation

Cultivation of any amount of marijuana is a felony punishable by 16-36 months imprisonment.

See:

Hash & Concentrates

In California, hashish or concentrates are referred to as “concentrated cannabis”. Possession of concentrated cannabis is punishable by a fine of $500 and a term of imprisonment no longer than 1 year.

See:

  • California Health & Safety Code §11006.5 Web Search
  • California Health & Safety Code §11357(a) Web Search

The penalties associated with the manufacture of hashish or concentrates depends on what method was used during the manufacture. If the manufacturing process involved extraction chemicals, such as butane, then it is considered manufacture by means of chemical synthesis of a controlled substance. Manufacture by means of chemical synthesis of a controlled substance carries a fine no greater than $50,000 and a term of imprisonment of 3, 5, or 7 years as determined by the court. If the manufacturing process utilized screens, presses, or any other means not involving a chemical synthesis, then the offense is considered unauthorized processing of marijuana. Unauthorized processing of marijuana carries a term of imprisonment 16 months, 2 years, or three years as determined by the court.

See:

  • California Health & Safety Code §11379.6(a) Web Search
  • California Health & Safety Code §11358 Web Search
  • California Penal Code §1170(h) Web Search
  • People v. Bergen, 166 Cal.App.4th 161 (2008) Web Search

Apart from the provisions mentioned, concentrated cannabis is included within the definition of marijuana for all other offenses, such as intent to sell, providing to a minor, etc. For information concerning those offenses, check the California marijuana laws section of this website.

See:

  • California Health & Safety Code §11018 Web Search

Paraphernalia

There is no penalty for the simple possession of marijuana paraphernalia. Sale, delivery, possession with intent to sell or deliver, and manufacture with intent to sell or deliver marijuana paraphernalia is a misdemeanor punishable by 15-180 days imprisonment and/or a fine of $30-$500. Delivery of marijuana paraphernalia by an individual aged 18 years or older to a minor at least 3 years his junior is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.

See:

  • California Health & Safety Code § 11364.7 Web Search
  • California Health & Safety Code § 11374 Web Search

Sentencing

Possession for personal use, using or being under the influence of marijuana, presence in a room where a marijuana violation occurs, or cultivation of marijuana if the amount is for personal use are offenses that are eligible for deferred entry of judgment if certain conditions are met. These include: no prior convictions for controlled substances violations; the offense charged did not involve violence; there is no evidence that narcotics or restricted dangerous drugs were involved; the offender has never had probation or parole revoked; the offender has not completed this deferred entry within 5 years of the time of the charged offense; and the offender has no felony convictions within 5 years of the time of the charged offense.

See:

Probation may be available for marijuana offenses. As a condition of probation for controlled substances violations, offenders must participate in education or treatment if the court determines that it will benefit the offender. Sentences for many violations may not be eligible for probation or suspension if the offender has been previously convicted of a felony offense involving a controlled substance.

See:

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Upon conviction for sale, possession with intent to distribute, or cultivation of marijuana, the seized property becomes the property of the state. If law enforcement seizes property which it does not intend to use as evidence and the seizing agency does not refer the case to the Attorney General for forfeiture proceedings within 15 days, then the property must be returned. If the Attorney General intends to pursue a forfeiture proceeding, then a person claiming interest in the property has 30 days from actual notice or publication of notice of the proceedings to respond.

See:

  • California Health & Safety Code §§ 11469-11495 Web Search

Miscellaneous

Involvement of a minor in a drug offense

Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.

See:

  • California Health & Safety Code § 11361 Web Search
Drug program fee

Any violation of the California Uniform Controlled Substances Act results in a fine up to $150 in addition to the authorized fine for the offense.

See:

  • California Health & Safety Code § 11372.7 Web Search
Drug program fee

Any violation of the California Uniform Controlled Substances Act results in a fine up to $150 in addition to the authorized fine for the offense.

See:

  • California Health & Safety Code § 11372.7 Web Search
Civil damages

A person who participates in the illegal marketing of marijuana is liable for civil damages caused by these actions.

See:

  • California Health & Safety Code §§ 11700-11717 Web Search
Loitering for drug activities

It is a misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.

See:

  • California Health & Safety Code §§ 11530-11538 Web Search
Suspension of Driving Privileges

A controlled substance conviction can result in suspension of driving privileges for up to 3 years if the use of a motor vehicle was used in or incidental to the offense. For each drug-related conviction that a person under the age of 21 receives, their driving privileges are suspended for 1 year.

See:

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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Cannabis State Laws

Virgin Islands Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount (first offense) not classified 1 year $ 5,000
Any amount (subsequent offense) not classified 2 years $ 10,000

Distribution or Cultivation

Any amount (first offense) not classified 5 years $ 15,000
Any amount (subsequent offense) not classified 10 years $ 30,000
To a minor (first offense) not classified 15 years $ 60,000
To a minor (subsequent offense) not classified 30 years $ 90,000
50 – 200 lbs not classified 3 years* $ 25,000
201 – 1000 lbs not classified 5 years* $ 50,000
More than 1000 lbs not classified 15 years* $ 200,000
Within 1000 ft of a school, university, park, or beach is punishable by an additional mandatory minimum sentence of 2 years imprisonment.
Includes possession with intent to distribute
* Mandatory minimum sentence

Hash & Concentrates

Trafficking 1 – 10 lbs not classified 3 years* $ 25,000
Trafficking 10 – 100 lbs not classified 5 years* $ 50,000
Trafficking more than 100 lbs not classified 15 years* $ 200,000
*Mandatory Minimum Sentence
Penalties for hashish and marijuana are generally treated equally under the law with the exception of Trafficking.

Paraphernalia

Use or possession with intent to use paraphernalia not classified 1 year $ 5,000
Distribution or possession with intent to distribute paraphernalia not classified 3 years $ 15,000

Civil Asset Forfeiture

All containers and all vehicles used for possession or distribution are subject to forfeiture.

Penalty Details

According to U.S. Virgin Islands law Marijuana is a schedule I(c) hallucinogenic substance.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-595 Web Search

Possession

For first offenders possession of any amount of marijuana is punishable by up to 1 year of imprisonment and/or a fine of up to $5,000. First offenders are also eligible for probation, and all charges and public records will be dismissed upon successful completion of probation. If the defendant is under the age of 21 at the time of the offense, successful completion of probation will result in all public records of the arrest and conviction being expunged. For second offenders possession of any amount of marijuana is punishable by up to 2 years of imprisonment and/or a fine of up to $10,000.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-607 Web Search

Distribution or Cultivation

Distribution of marijuana includes possessing marijuana with the intent to distribute it.

For first offenders distribution or cultivation of marijuana is punishable by up to 5 years imprisonment and/or a fine of up to $15,000. For subsequent offenses distribution or cultivation of marijuana is punishable by up to 10 years of imprisonment and/or a fine of up to $30,000. Defendant’s who were only involved in the sale or cultivation of a small amount of marijuana may be eligible to be tried as possession offenders. Also, First offenders must be offered parole after 2 years of imprisonment.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-604(a) Web Search
  • Virgin Islands Code Ann. tit. 19, § 29-604(b)(1)(B) Web Search
  • Virgin Islands Code Ann. tit. 19, § 29-604(b)(1)(B)(4) Web Search

Distribution or cultivation of marijuana within 1,000 feet of a school, university, park, or beach is punishable by an additional mandatory minimum sentence of 2 years imprisonment.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-604(b)(1)(B)(5)(a) Web Search

For first offenders, distribution of marijuana by a person under the age of 18 to a person under the age of 18 is punishable by imprisonment up to 10 years and/or a fine of up to $30,000. Subsequent offenses are punishable by up to 20 years of imprisonment and/or a fine of up to $60,000. Parole is available after 4 years of imprisonment.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-608(a) Web Search

For first offenders, distribution of marijuana by a person over the age of 18 to a person under the age of 18 is punishable by imprisonment of up to 15 years and/or a fine of up to $60,000. Subsequent offenses are punishable by up to 30 years of imprisonment and/or a fine of up to $90,000. Parole is available after 6 years of imprisonment.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-608(b) Web Search

Distributing, cultivating, or delivering between 50-200 pounds of marijuana carries a minimum mandatory sentence of 3 years imprisonment and a fine of $25,000. Between 200-1,000 pounds of marijuana carries a mandatory minimum sentence of 5 years imprisonment and a fine of $50,000. Over 1,000 pounds carries a mandatory minimum sentence of 15 years imprisonment and a fine of $200,000.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-614a(a)(1) Web Search

Distributing, manufacturing, or delivering between 1-10 pounds of hash or hash oil carries a mandatory minimum sentence of 3 years imprisonment and a fine of $25,000. Between 10-100 pounds carries a mandatory minimum sentence of 5 years imprisonment and a fine of $50,000. Over 100 pounds carries a mandatory minimum sentence of 15 years imprisonment and a fine of $200,000.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-614a(a)(2) Web Search

Hash & Concentrates

The definition of Marihuana in the Virgin Islands statute includes the resin of the Cannabis plant and any derivative, preparation, compound, or mixture thereof. Hashish is not defined in the statute, nor is it listed on the Controlled Substances Schedule. Both Marihuana and Tetrahydrocannabinols are listed as hallucinogenic substances in Schedule I, but there appears to be no differentiation in penalties for the two substances.

See:

The only place where Hashish is differentiated from Marihuana is in the punishment for trafficking. Trafficking in Hashish is a separate offense from trafficking in Marihuana, with a much lower weight threshold than for Marijuana. 1 pound of Hashish triggers a trafficking offense, whereas 50 pounds of Marijuana is required to trigger a trafficking offense.

Any person who knowingly sells, manufactures, delivers, possesses or brings into the territory more than 1 pound, but less than 10 pounds of Hashish or Hash Oil shall be sentenced to a three year mandatory minimum term of imprisonment and pay a fine not to exceed $25,000. For an amount of Hashish or Hash Oil between 10 pounds and 100 pounds, the penalty increases to 5 years mandatory imprisonment and a fine not to exceed $50,000. For an amount greater than 100 pounds, the penalty increases to a 15 year mandatory term of incarceration and a fine not to exceed $200,000.

See:

Paraphernalia

Using or possessing with the intent to use any device that assists in the cultivation, distribution, inhalation, or ingestion of marijuana is punishable by imprisonment for up to 1 year and/or a fine of up to $5,000.

Distributing or possessing with the intent to distribute marijuana paraphernalia is punishable by up to 3 years imprisonment and/or a fine of $15,000.

If and individual 18 or over gives marijuana to a person under the age of 18 that offense is punishable by up to 3 years imprisonment and/or a fine of $15,000.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-630 Web Search

Forfeiture

All containers used in the possession or distribution of marijuana are subject to forfeiture. All vehicles used for possession or distribution are also subject to forfeiture.

See:

  • Virgin Islands Code Ann. tit. 19, § 29-623 Web Search
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.

Wyoming Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Being under the influence misdemeanor 90 days $ 100
Less than 3 oz misdemeanor 1 year $ 1,000
More than 3 oz felony 5 years $ 10,000
Within 500 feet of a school is punishable by an additional $500 fine.

Sale or Distribution

Any amount felony 10 years $ 10,000

Cultivation

Any amount misdemeanor 6 mos $ 1,000

Hash & Concentrates

Possession of less than .3 g liquid misdemeanor 1 year $ 1,000
Possession of more than .3 g liquid felony 5 years $ 10,000
Possession of less than 3 g crystalline misdemeanor 1 year $ 1,000
Possession of more than 3 g crystalline felony 5 years $ 10,000
Manufacture, deliver, or possession with intent felony 10 years $ 10,000

Paraphernalia

Possession of paraphernalia not classified 6 mos $ 750

Miscellaneous

Convicted persons who are under 19 years shall have their driver’s license suspended for 90 days – 1 year.

Penalty Details

See:

  • Wyoming Controlled Substances Act, Sections 35-7-1001 through 1057 Web Search

Possession

Being under the influence of marijuana is a misdemeanor punishable by a maximum of 90 days imprisonment and a maximum fine of $100.

Possession of three ounces or less is a misdemeanor that is punishable by a maximum of 1 year imprisonment and a maximum fine of $1000.

Possession of more than 3 ounces is a felony punishable by a maximum of 5 years imprisonment and a maximum fine of $10,000

Possession within 500 feet of a school is punishable by an additional $500 fine.

First time offenders may be granted conditional release and probation.

See:

  • 35-7-1031 of the Wyoming Controlled Substances Act Web Search

Sale or Distribution

Sale of any amount is a felony punishable by a maximum of 10 years imprisonment and a maximum fine of $10,000.

See:

  • 35-7-1031 of the Wyoming Controlled Substances Act Web Search

Cultivation

Cultivation of any amount is a misdemeanor which is punishable by a maximum of 6 months imprisonment and a maximum fine of $1000.

See:

  • 35-7-1002 of the Wyoming Controlled Substances Act Web Search

Hash & Concentrates

Any equipment, device, or material used to make hashish or extracts is considered paraphernalia.

See:

  • §35-7-1002(xxvii) of the Wyoming Controlled Substances Act Web Search

Possession of less than .3 grams of a liquid concentrate, such as hashish oil, is considered a misdemeanor and is punishable by a term of imprisonment up to 1 year and/or a fine no greater than $1,000. Possession of more than .3 grams of a liquid concentrate is a felony punishable by a term of imprisonment up to 5 years and/or a fine of not more than $10,000.

See:

  • §35-7-1031(c)(i)(B) of the Wyoming Controlled Substances Act Web Search
  • §35-7-1031(c)(iii) of the Wyoming Controlled Substances Act Web Search

Possession of less than 3 grams of a crystalline concentrate, such as hashish or wax, is considered a misdemeanor and is punishable by a term of imprisonment up to 1 year and/or a fine no greater than $1,000. Possession of more than 3 grams of a crystalline concentrate is a felony punishable by a term of imprisonment up to 5 years and/or a fine of not more than $10,000.
See:

  • §35-7-1031(c)(i)(C) of the Wyoming Controlled Substances Act Web Search
  • §35-7-1031(c)(iii) of the Wyoming Controlled Substances Act Web Search

It is illegal to manufacture, deliver, or possess with intent to manufacture or deliver, hashish or concentrates. It is considered a felony punishable by a term of imprisonment up to 10 years and/or a fine not more than $10,000.

See:

  • §35-7-1031(a)(ii) of the Wyoming Controlled Substances Act Web Search

It is illegal for anyone over the age of 18 to distribute hashish or concentrates to someone under the age of 18 and they are more than 3 years apart in age. It is considered a felony and is punishable by a term of imprisonment up to 20 years and/or a fine no greater than $10,000.

See:

  • §35-7-1036(a) of the Wyoming Controlled Substances Act Web Search

Paraphernalia

Possession of paraphernalia is a crime which is punishable by a maximum of 6 months imprisonment and a maximum fine of $750.

See:

  • 35-7-1002 of the Wyoming Controlled Substances Act Web Search

Miscellaneous

Conviction for a third offense or subsequent possession of 3 ounces or more is punishable by a maximum of 5 years imprisonment and a maximum fine of $5,000.

See:

  • 35-7-1031 of the Wyoming Controlled Substances Act Web Search

Upon receiving a record of the conviction of a driver who is under nineteen (19) years of age for violating any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol, the division shall suspend the license or nonresident operating privilege for Ninety (90) days for the first conviction; six (6) months, if the person has been previously convicted within the preceding twelve (12) months for violating any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol. Discretionary suspension of a restricted license may be imposed for up to one year for a conviction.

See:

  • 31-7-128(F) of the Wyoming Controlled Substances Act Web Search
  • 31-7-129(b) of the Wyoming Controlled Substances Act Web Search
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.

Wisconsin Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount (first offense) misdemeanor 6 mos $ 1,000
Any amount (subsequent offense) felony 3.5 years $ 10,000

Sale or Delivery

200 g or less felony 3.5 years $ 10,000
200 – 1000 g felony 6 years $ 10,000
1000 – 2500 g felony 10 years $ 25,000
2500 – 10,000 g felony 12.5 years $ 25,000
More than 10,000 g felony 15 years $ 50,000
Includes possession with intent to distribute
Subsequent offense is subject to additional penalties

Cultivation

4 – 20 plants felony 6 years $ 10,000
20 – 50 plants felony 10 years $ 25,000
50 – 200 plants felony 12.5 years $ 25,000
More than 200 plants felony 15 years $ 50,000
Subsequent offense is subject to additional penalties

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Paraphernalia

Use or possession with intent to use paraphernalia misdemeanor 30 days $ 500
Distribution or possession with intent to distribute misdemeanor 90 days $ 1,000
To a minor at least 3 years younger misdemeanor 9 mos $ 10,000

Civil Asset Forfeiture

All controlled substances and items used to distribute, including vehicles, are subject to forfeiture.

Miscellaneous

Driving privileges may be suspended for 6 mos – 5 years.

Penalty Details

Marijuana is a schedule(I)(4) hallucinogenic substance under the Wisconsin Uniform Controlled Substances Act.

See:

Possession

For first offenders possession of marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment of up to 6 months. For subsequent offenses possession of marijuana is a class I felony and is punishable by a fine of up to $10,000 and/or imprisonment for up to 3.5 years.

See:

If found guilty of marijuana possession the court may allow the defendant to enter a drug rehabilitation program, upon successful completion of the program the sentence may be dropped.

See:

Sale or Cultivation

Under Wisconsin law possession with the intent to distribute is the same as distribution.

See:

Distribution of 200 grams or less of marijuana is a class I felony and is punishable by a fine of up to $10,000 and/or imprisonment for up to 3.5 years. Distribution of 200-1,000 grams of marijuana or cultivation of 4-20 plants is a class H felony and is punishable by a fine up to $10,000 and/or up to 6 years of imprisonment. Distribution of 1,000-2,500 grams of marijuana or cultivation of 20-50 plants is a class G felony and is punishable by a fine up to $25,000 and/or up to 10 years of imprisonment. Distribution of 2,500-10,000 grams of marijuana or cultivation of 50-200 plants is a class F felony and is punishable by a fine up to $25,000 and/or up to 12.5 years of imprisonment. Distribution of over 10,000 grams of marijuana or cultivation of over 200 plants is a class E felony and is punishable by a fine up to $50,000 and/or up to 15 years of imprisonment.

See:

Subsequent offenders are subject to the following penalties: for a class I felony, up to 7.5 years of imprisonment; for a class H felony, up to 10 years of imprisonment; for a class G felony up to 14 years of imprisonment; for a class F felony, up to 16.5 years of imprisonment; for a class E felony up to 19 years of imprisonment.

See:

Hash & Concentrates

Any compound containing THC is a Schedule I drug. While the definition of marijuana does not include hashish or concentrates, the penalties and offenses associated with marijuana are the same for hashish or concentrates. Please see the marijuana penalties section for further details.

See:

Paraphernalia

It is illegal to use paraphernalia or possess paraphernalia with the intent to use it. Paraphernalia includes any item that will assist in the cultivation, distribution, ingestion, or inhalation of marijuana. This offense is a misdemeanor punishable by a fine of up to $500 or up to 30 days of imprisonment.

See:

Distribution of paraphernalia or possession of paraphernalia with the intent to distribute it is a misdemeanor and is punishable by a fine of up to $1,000 and/or 90 days of imprisonment.

See:

Distribution of paraphernalia by someone 18 or over to someone 17 or under and at least three years younger than the defendant is a misdemeanor punishable by a fine of up to $10,000 an/or up to 9 months of imprisonment.

See:

If the defendant is under 18 years of age distribution or possession of paraphernalia is punishable by suspension of driver’s license for .5-5 years and a fine of $50 or community service will be imposed. For a second offense within a 12 month period a $100 fine or community service will be imposed. For third and subsequent offense within a 12 month period a $500 fine or community service will be imposed.

See:

Forfeiture

All controlled substances and items used to distribute them, including vehicles, are subject to forfeiture under Wisconsin law.

See:

Miscellaneous

If a person is convicted of any violation the Uniform Controlled Substances Act, the court may, in addition to any other penalties that may apply to the crime, suspend the person’s operating privilege for not less than 6 months nor more than 5 years. The person may be able to apply for an occupational license depending on the number of prior convictions.

See:

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Medical CBD

West Virginia Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount misdemeanor 90 days – 6 mos $ 1,000

Sale or Distribution

Any amount felony 1* – 5 years $ 15,000
Trafficking marijuana into WV felony 1* – 5 years $ 15,000
To a minor or within 1000 ft of a school felony 2 years* $ 0
Includes possession with intent to distribute
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Involving all or part of an illegal drug paraphernalia business misdemeanor 6 mos* – 1 year $ 5,000
* Mandatory minimum sentence

Civil Asset Forfeiture

Everything involved in the production and transportation processes of controlled substances are liable to be forfeited.

Miscellaneous

Attempts to adulterate drug screening test misdemeanor 0 – 1 year $ 10,000
Mandatory driver’s license revocation for any felony offense when a motor vehicle is used in its commission.

Penalty Details

Marijuana is a Schedule I drug.

See:

Possession

Possession of marijuana in any amount is a misdemeanor punishable by not less than 90 days, nor more than 6 months and not fined more than $1,000.

Conditional discharge for first offense of possession of less than 15 grams of marijunana: For a first drug related possession charge, the court can give the offender probation with the traditional array of drug testing and supervision traditionally part of the probation process. Discharge is not a legal conviction.

See:

Sale or Distribution

Includes possession with the intent to distribute marijuana.

Felony punishable with not less than 1 year, nor more than 5 years, in prison and a fine of not more than $15,000.

Trafficking marijuana into WV will be punished for not less than 1 year nor more than 5 years and fined up to $15,000.

WV has a two year mandatory minimum sentence for sale/distribution to a minor or if sale/delivery occurs within 1,000 feet of a school.

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Cultivation

Cultivation in West Virginia will be punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute. See the “Possession” and “Sale or Distribution” sections for further penalty details.

Hash & Concentrates

Hashish and concentrates are considered a compound or preparation of marijuana and is thus a schedule I controlled substance.

See:

  • West Virginia CODE §60A-2-204(d)(19) Web Search
  • West Virginia CODE §60A-1-101 Web Search
  • Hubbard v. Spillers, 202 S.E.2d 180 (W.Va 1974) Web Search

Paraphernalia

Any person who conducts, finances, manages, supervises, directs or owns all or part of an illegal drug paraphernalia business is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five thousand dollars, or confined in jail not less than six months nor more than one year, or both.

Attempts to adulterate drug screening test or selling or knowingly possessing products for that purpose is punishable:

  1. For a first offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars;
  2. For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than five thousand dollars; and
  3. For a third or subsequent offense is guilty of a misdemeanor and, upon conviction, be fined not more than ten thousand dollars or confined in the regional jail for not more than one year, or both.

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Sentencing

Second or subsequent convictions for both possession and distribution are eligible for double the penalty set out in law.

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Conditional discharge for first offense of possession: For a first drug related possession charge, the court can give the offender probation with the traditional array of drug testing and supervision traditionally part of the probation process. Discharge is not a legal conviction.

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Misdemeanor or Felony

Possession is a misdemeanor, while distribution and manufacture are felonies.

Mandatory Minimum

Mandatory two year minimum sentence (doubling WV’s regular one year minimum for marijuana felonies) if the offender is:

  1. twenty-one years of age or older at the time of the distribution upon which the conviction is based, and the person to whom the controlled substance was distributed was under the age of eighteen years at the time of the distribution; or
  2. eighteen years of age or older and the distribution upon which the conviction is based occurred in or on, or within one thousand feet of a public or private elementary, vocational or secondary school or a public or private college, junior college or university in this state.

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Trafficking marijuana into WV carries a mandatory minimum sentence of not less than 1 year.

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Forfeiture

Everything involved in the production and transportation processes of controlled substances, including cars, houses, and monetary funds, are liable to be forfeited to the State after a successful prosecution of a drug distribution or manufacturing case.

Paraphernalia: Any property, including money, used in violation of the provisions of this section may be seized and forfeited to the state.

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Miscellaneous

Drug Screening Adulteration

Attempts to adulterate drug screening test or selling or knowingly possessing products for that purpose is punishable:

  1. For a first offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars;
  2. For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than five thousand dollars; and
  3. For a third or subsequent offense is guilty of a misdemeanor and, upon conviction, be fined not more than ten thousand dollars or confined in the regional jail for not more than one year, or both.

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Driver’s license revocation

Mandatory license revocation for any felony offense when a motor vehicle is used in its commission. This would include conviction for manufacturing or delivering pot, but simple possession would not qualify as a felony.

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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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

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.

Washington Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

1 oz or less (private possession/consumption) no criminal penalty none $ 0
1 oz or less (public consumption) civil penalty none $ 100
1 oz – 40 g misdemeanor 24 hours* – 90 days $ 1,000
More than 40 g felony 5 years $ 10,000
* Mandatory minimum sentence

With intent to distribute

Any amount felony 5 years $ 10,000

Sale or Distribution

Any amount felony 5 years $ 10,000
To a minor at least 3 years younger felony 10 years $ 10,000
Within 1000 ft of a school, school bus stop or in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by double fines and imprisonment.

Cultivation

Any amount felony 5 years $ 10,000
Within 1000 ft of a school, school bus stop or in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by double fines and imprisonment.

Hash & Concentrates

Possession of less than 40 g misdemeanor 1 day $ 250
Possession of more than 40 g felony 5 years $ 10,000
Manufacture, sale, delivery or possession with intent felony 5 years $ 10,000
Subsequent offenses carry greater penalties.
Patients may possess hash and concentrates for medical use. See details section.

Paraphernalia

Use, possession, delivery, or possession/manufacture with intent to deliver misdemeanor 24 hours* – 90 days $ 1,000
To a minor at least 3 years younger misdemeanor 1 year $ 50,000
* Mandatory minimum sentence

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous (license suspensions, civil damages, etc…)

Knowingly maintaining a structure used for drug offenses felony 5 years $ 10,000
Controlled substances homicide felony 10 years $ 20,000
Parents of a minor to whom a controlled substance was sold or transferred have a cause of action against the seller.
Juveniles will have their driving privileges revoked.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Washington Uniform Controlled Substances Act.

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Possession for Personal Use

The adult possession, in private, of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form) is not subject to criminal or civil penalty. The public consumption of marijuana is subject to a civil violation and fine.

Possession of one ounce to 40 grams is a misdemeanor, punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail. A mandatory fine of $250 is imposed for the first offense, and a mandatory fine of $500 is imposed for the second or subsequent violations. This is in addition to a possible fine up to $1,000. The imprisonment will not be suspended or deferred unless it is determined that it “will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition.” The mandatory fine may not be suspended or deferred unless the defendant is found to be indigent.

Possession of more than 40 grams is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory $1,000 fine applies to first time offenses and a $2,000 fine to second or subsequent offenses.

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Possession with Intent to Distribute

Possession with intent to distribute any amount of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. There is an additional mandatory fine of $1,000 for the first offense and $2,000 for a second or subsequent offense.

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Sale or Distribution

Sale or distribution of any amount of marijuana is a C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 fine to second or subsequent offenses.

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Distribution by a person aged 18 years or older to a person less than 18 years who is 3 years the distributor’s junior is a class B felony punishable by an imprisonment term double that for sale (10 years total) and/or a fine of up to $10,000.

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Cultivation

Cultivation for either personal use or distribution is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

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Hash & Concentrates

Washington’s definition of marijuana includes “all parts of the plant Cannabis,” including “the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.” Under this definition hashish or concentrates, which are compounds made from the resin of the plant, would be considered marijuana.

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Possession of less than 40 grams of hashish or concentrates is a misdemeanor punishable by a term of imprisonment no less than 24 hours and a fine no less than $250. Subsequent offenses carry the same term of imprisonment and a fine no less than $500. Possession of more than 40 grams of hashish or concentrates is a class C felony punishable by a term of imprisonment no greater than 5 years and/or a fine no greater than $10,000.

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Manufacture, delivery or possession with intent to manufacture or deliver, hashish or concentrates is a class C felony punishable by a term of imprisonment no greater than 5 years and/or a fine no greater than $10,000.

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Selling hashish or concentrates is a crime punishable by a term of imprisonment no greater than 5 years and a fine no greater than twice the value of the hashish or concentrates. Subsequent offenses for selling hashish or concentrates is a crime punishable by a mandatory term of imprisonment for 5 years and a fine no greater than twice the value of the hashish or concentrates.

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Hashish and concentrates can be used medically in Washington since hashish and concentrates are considered a marijuana product. It is lawful for a qualified patient to possess an amount of hashish or concentrates up to what could be produced from 24 ounces of marijuana. If the amount of hashish or concentrates is greater than what could be produced from 24 ounces of marijuana then an affirmative defense may be raised that the qualified patient requires more hashish or concentrate than can be made from 24 grams for his medical treatments.

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Selling, manufacturing, transferring, or possessing with intent to manufacture, sell, or transport hashish or concentrates within designated areas is a crime punishable by a term of imprisonment no greater than 10 years and/or a fine no greater than $20,000 or four times the value of the hashish or concentrates. There is an affirmative defense available allowing the accused to prove that the offense was entirely within a private residence. The designated areas are:

• within schools;
• within 1,000 feet of school grounds
• within school buses;
• within 1000 feet of a school bus stop;
• within public parks;
• within public housing projects designated drug free zones;
• within -public transit vehicles
• at a public transit stop center;
• within civic centers designated drug free zones;
• within 1,000ft of any civic center designated a drug free zone.

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Paraphernalia

Use, possession, delivery (no compensation required), or possession/manufacture with intent to deliver of paraphernalia is a misdemeanor punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail. A mandatory fine of $250 is imposed for the first offense, and a mandatory fine of $500 is imposed for the second or subsequent violations. This is in addition to a possible fine up to $1,000. The imprisonment will not be suspended or deferred unless it is determined that it “will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition.” The mandatory fine may not be suspended or deferred unless the defendant is found to be indigent. Delivery or possession/manufacture with intent to deliver to a person under the age of 18 committed by a person aged 18 years or older who is 3 years his senior is a gross misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $5,000.

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Sale or giving of drug paraphernalia is also a class I civil infraction punishable by a $250 fine.

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Sentencing

Drug offenses are sentenced according to drug offense seriousness level and a drug offense sentencing grid.

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First time marijuana offenders may have the imposition of the standard sentence waived with conditions. For violations which involve a small amount of drugs (as determined by the judge), the offender may have the standard sentence waived in lieu treatment or a prison-based alternative.

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Suspension of sentencing is available for all drug offenses, at the discretion of the court. Conditions to this probation may include paying fines and reporting to a probation officer.

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Any person convicted of a second or subsequent offense is subject to double the term of imprisonment authorized for the offense and double the fine authorized for the offense. However, this does not apply to possession offenses. A second or subsequent offense is any offense of this statute committed by a person with a prior conviction under this statute or any statute of the United States or any state relating to narcotics, marijuana, depressants, hallucinogens, or stimulants.

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Forfeiture

Criminal

Vehicles and other property may be seized for violations of the Washington Uniform Controlled Substances Act if certain conditions are met. A seizure of property commences a forfeiture proceeding in which the law enforcement agency must give notice to the owner and others with an interest in the property within 15 days. After notice has been served, those with an interest in the property have 45 days in the case of personal property and 90 days in the case of real property to respond, or else the items will be deemed forfeited.

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Civil

Private or state actors may file an action for damages and forfeiture of property involved in delivery, cultivation, or possession with intent to deliver or cultivate marijuana.

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Miscellaneous

Involving a person under the age of 18 in a drug offense

Involving a person under the age of 18 (compensating, soliciting, or threatening) in a transaction to cultivate, sell, or deliver marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

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Knowingly maintaining a structure used for drug offenses

It is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000 to knowingly maintain a structure (including homes and vehicles) that is resorted to by persons using controlled substances in violation of the law for that purpose, or which is used to sell or store substances. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

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Civil damages

Parents or legal guardians of a minor to whom a controlled substance was sold or transferred have a cause of action against the person who sold or transferred the substances. Damages may include costs of rehabilitation services for the minor, forfeiture of any money made in the transaction, and attorney’s fees.

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Controlled substances homicide

A person who delivers a controlled substance, which is subsequently used by the person delivered to and results in their death, is guilty of a class B felony punishable by up to 10 years imprisonment and/or a fine up to $20,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

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Revocation of juvenile’s driving privileges

Juveniles (age 13-21) will have their driving privileges revoked for any offense under this statute. For the first offense, the privileges will be revoked for 1 year or until the person reaches 17 years old, whichever is longer. A second or subsequent offense will result in the revocation of privileges for 2 years or until the individual is 18 years old, whichever is longer.

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Violations committed on or in certain public places or facilities

Cultivation, sale, delivery, or possession with intent to cultivate, sell, or deliver marijuana in a school, on a school bus, within 1,000 feet of a school bus stop or school grounds, in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by a fine that is twice that authorized for the offense and/or imprisonment for a term that is twice the amount authorized for the offense. It is an affirmative defense that the conduct took place exclusively within the confines of a private residence and the transaction did not involve profit.

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Chemical dependency

If the court finds that the offender is chemically dependent and this has contributed to their offense, the court may order the offender take part in rehabilitation.

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Mandatory Fee

Any individual convicted, sentenced to a lesser charge, or given deferred prosecution under WA’s DUID statute must pay a $200 fee to compensate the State for the drug test, in addition to any fine imposed by the Court. This fee applies to each individual conviction but may be waived for poverty.

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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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Virginia Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 1/2 oz (first offense) misdemeanor 30 days $ 500
Less than 1/2 oz (subsequent offense) misdemeanor 1 year $ 2,500

Sale/Manufacture/Trafficking

1/2 oz – 5 lbs felony 1* – 10 years $ 2,500
5 lbs – 100 kg felony 5* – 30 years $ 1,000
More than 100 kg felony 20 years* – life $ 100,000
To a minor who is at least 3 years younger felony 2* – 50 years $ 100,000
Within 1000 ft of a school or school bus stop felony 1* – 5 years $ 100,000
Manufacture of marijuana felony 5* – 30 years $ 10,000
Transporting more that 5 lbs into the state felony 5* – 40 years $ 1,000,000
Includes possession with intent to distribute
* Mandatory minimum sentence

Hash & Concentrates

Possessing hashish oil felony 1 – 10 years $ 2,500
Manufacturing, selling, giving, distributing, or possessing with intent felony 5 – 40 years $ 500,000
Bringing more than 1 oz of hashish oil into the state felony 5 – 40 years $ 1,000,000
Subsequent offenses carry greater penalties

Paraphernalia

Sale or possession with intent to sell paraphernalia misdemeanor 1 year $ 2,500
To a minor who is at least 3 years younger felony 1 year $ 2,500

Civil Asset Forfeiture

Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.

Miscellaneous (license suspensions, civil damages, etc…)

Gifting marijuana to an inmate in a correctional facility felony 2* – 10 years $ 100,000
Maintaining a fortified drug house felony 1* – 10 years $ 0
A convicted person shall be deprived of driving privileges for 6 mos.
* Mandatory minimum sentence

Penalty Details

Possession

Knowingly or intentionally possessing marijuana is a Class I misdemeanor with punishment upon conviction consisting of imprisonment for up to 30 days and/or a fine of up to $500, for a first offense, and imprisonment for up to 12 months and/or a fine of up to $2,500 for the second and each subsequent offense. Possession of less than a half ounce of marijuana is simple possession (possession for personal use).

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Conditional Release

Convicted first time offenders may be placed on probation instead of sentenced to jail time with the probation conditional upon the offender undergoing a substance abuse screening, “educational programs,” a series of drug tests during probation, and a drug treatment program, all paid for by the offender. Probation may also require up to 24 community service hours for a misdemeanor conviction and up to 100 hours for a felony conviction. The conviction still shows up on the offender’s record as a conviction and applicable driver’s license revocation proceedings are not waived. Violations of the terms of probation can lead to the full penalty as otherwise applicable.

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Sale/Delivery

In VA, having a large quantity of marijuana is not proof of intent to distribute alone. Distributing more than a half ounce of marijuana, but less than 5 lbs., is a Class 5 felony, punishable by confinement in jail at least 1 year, but not more than 10 years. For a first offense, the judge may use his discretion to sentence the offender to a term in jail for not more than 12 months and a fine of not more than $2,500.

Distributing more than 5 lbs., but less than 100kg., of marijuana is a felony and is punishable by not less than 5, no more than 30, years in prison.

Distributing more than 100kg. of marijuana brings an automatic 20 years to life sentence, with 20 years being the mandatory minimum sentence. This mandatory minimum may be reduced by the judge if:

  1. the person does not have a prior conviction for an drug-related offense;
  2. the person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in committing the offense and did not convince another participant in the offense to do so;
  3. the offense did not result in death or serious bodily injury to any person;
  4. the person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise; and
  5. the offender cooperates with police and judicial officials by providing to the State all information and evidence the person has concerning the offense, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.

A third sale or intent to distribute conviction brings a mandatory minimum sentence of 5 years.

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Gifting marijuana to an inmate in a state or local correctional facility is guilty of a Class 4 felony, and may be punished with a term of imprisonment for not less than 2 years, nor more than 10 years, and subject to a fine of not more than $100,000.

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Distributing more than 1 ounce of marijuana to any person under 18 years of age who is at least 3 years younger than the offender, or using such a minor to distribute more than 1 ounce of marijuana, is a felony and will be punished with a mandatory minimum jail sentence of 5 years, a maximum sentence of 50 years, and a fine of no more than $100,000.

Distributing 1 ounce of marijuana or less to any person under 18 years of age who is at least 3 years younger than the offender, or using such a minor to distribute less than 1 ounce of marijuana, is a felony and will be punished with a mandatory minimum jail sentence of 2 years, a maximum sentence of 50 years, and a fine of no more than $100,000.

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Distributing more than a half ounce of marijuana within 1,000 ft. of a school or school bus stop is a felony, punishable with a mandatory minimum sentence of 1 year, a maximum sentence of 5 years, and a fine not to exceed $100,000. However, if such person proves that he sold such controlled substance or marijuana only as an accommodation to another individual and not with intent to profit thereby, he shall be guilty of a Class 1 misdemeanor, punishable by confinement in jail for not longer than 12 months and a fine not to exceed $2,500.

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Manufacture

Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by mandatory imprisonment of not less than five, nor more than 30, years and a fine not to exceed $10,000.

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Trafficking

Transporting 5 or more pounds of marijuana into Virginia with the intent to distribute it is a felony, punishable with a mandatory minimum sentence of 5 years, a maximum sentence of 40 years, and a fine not to exceed $1,000,000. A second or subsequent conviction for the same crime raises the mandatory minimum sentence to 10 years.

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Hash & Concentrates

In Virginia, hashish and concentrates fall under the definition of marijuana as long as they contain less than 12 percent of THC by weight. This means that the restrictions and penalties associated with marijuana also apply to hashish and concentrates.

Hashish oil, however, falls outside the definition of marijuana and is Schedule I substance. Hashish oil is defined as “liquid marijuana; liquid hashish; any oily extract containing one or more cannabinoids, but shall not include any such extract with a tetrahydrocannabinol content of less than 12 percent by weight.”

Possessing hashish oil is a Class 5 felony punishable by a term of imprisonment no less than 1 year and no greater than 10 years. For a first offense, the judge or jury may reduce the sentence to a term of imprisonment no greater than 1 year and/or a fine of $2,500.

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Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, or give hashish oil is a crime. This crime is punishable by a term of imprisonment no less than 5 years and no greater than 40 years and a fine no greater than $500,000. A second conviction carries a term of imprisonment no less than 5 years, years of which are mandatory, and up to the remainder of the offender’s life. A third conviction carries a mandatory minimum term of imprisonment for no less than five years and up to the remainder of the offender’s life.

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Bringing more than 1 ounce of hashish oil into Virginia is a felony. The felony is punishable by a term of imprisonment no less than 5 years and no greater than 40 years with a minimum term of 3 years and a fine no greater than $1,000,000. A second conviction increases the minimum term of imprisonment to 10 years.

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Distributing hashish oil to a person under 18 years of age, or using a person under the age of 18 in the distribution of hashish oil is a crime if the minor is 3 years the offenders junior. The crime is punishable by a fine of $100,000 and a term of imprisonment no less than 10 years and no greater than 50 years, with a minimum term of imprisonment of 5 years.

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Manufacturing, selling, distributing, or possessing with intent to sell, give, or distribute hashish oil near certain designated areas is a felony punishable by a term of imprisonment no less than 1 year and no greater than 5 years and/or a fine no greater than $100,000. A second conviction is punishable by a mandatory minimum term of imprisonment no less than 1 year and no greater than 5 years and/or a fine no greater than $100,000. The designated areas are:
• all areas open to the public within 1,000 feet of any school or marked child day care facility
• school buses
• all areas open to the public within 1,000 feet of a school bus stop during hours where the bus stop is in use
• public community or recreation centers
• public libraries
• all areas open to the public within 1,000 feet of a hospital, out-patient center, or any other state operated medical facility

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Paraphernalia

Any person who sells or possesses with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, inhale, or otherwise introduce into the human body marijuana shall be guilty of a Class 1 misdemeanor, which is punishable with confinement in jail for not more than twelve months and a fine of not more than $2,500.

Any person eighteen years of age or older who sells drug paraphernalia to a minor who is at least three years junior to the accused shall be guilty of an additional Class 6 felony, which is punishable by not more than 12 months in jail and a fine of not more than $2,500.
Advertising for the sale of drug paraphernalia is a Class I misdemeanor with a punishment of confinement for not more than 12 months in jail and a fine of not more than $2,500.

Knowingly distributing any printed material the distributor knows contains advertisements for drug paraphernalia is a Class 1 misdemeanor, punishable by confinement in jail for not more than 12 months and a fine of not more than $2,500.

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Miscellaneous

Fortified drug house

Maintaining a fortified drug house is a Class 5 felony, punishable with a mandatory minimum sentence of 1 year, and a maximum sentence of 10 years.

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Driver’s license suspension

In addition to any other sanction or penalty imposed for a violation of this article, the (i) judgement of conviction under this article or (ii) placement on probation following deferral of further proceedings… shall itself operate to deprive the person so convicted or placed on probation… of the privilege to drive or operate a motor vehicle… for a period of six months.

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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.

Vermont Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

1 oz or less (first offense)* civil violation none $ 200
1 oz or less (second offense)* civil violation none $ 300
1 oz or less (subsequent offense)* civil violation none $ 500
1 – 2 oz (first offense) misdemeanor 6 mos $ 500
1 – 2 oz (subsequent offense) misdemeanor 2 years $ 2,000
2 oz – 1 lb felony 3 years $ 10,000
1 – 10 lbs felony 5 years $ 100,000
10 lbs or more felony 15 years $ 500,000
* By persons 21 years of age or older.

Sale

Less than 1/2 oz misdemeanor 2 years $ 10,000
1/2 oz – 1 lb felony 5 years $ 100,000
1 – 50 lbs felony 15 years $ 500,000
More than 50 lbs felony 30 years $ 1,000,000
To a minor felony 5 years $ 25,000

Cultivation

1 – 2 plants (first offense) misdemeanor 6 mos $ 500
1 – 2 plants (subsequent offense) misdemeanor 2 years $ 2,000
3 – 10 plants felony 3 years $ 10,000
11 – 25 plants felony 5 years $ 100,000
More than 25 plants felony 15 years $ 500,000

Hash & Concentrates

5 grams or less (first offense)* civil violation none $ 200
5 grams or less (subsequent offense)* civil violation none $ 500
more than 5 grams (first offense) misdemeanor 6 mos $ 500
more than 5 grams (subsequent offense) misdemeanor 2 years $ 2,000
* By persons 21 years of age or older.
Penalties for hashish are similar to marijuana penalties. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia* civil fine none $ 200
Sale of paraphernalia misdemeanor 1 year $ 1,000
To a minor misdemeanor 2 years $ 2,000
* By persons 21 years of age or older.

Penalty Details

Possession

Possession of one ounce or less of marijuana and/or marijuana paraphernalia by a person 21 years of age or older is punishable by a civil fine only — no arrest, no jail time, and no criminal record.

Possession of 1 to 2 oz. is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $500.*

* There is a possible deferred sentence for first-time offenders.

A subsequent conviction for possession of 1 – 2 oz. is a misdemeanor punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $2,000.

Possession of 2 oz.-1 lb. is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $3,000.

Possession of 1 lb.-10 lbs. is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000.

Possession of more than 10 lbs. is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.

See:

  • Vermont Criminal Code Title 18, Section 4230 Web Search

Sale

The sale or delivery of less than 1/2 oz. is a misdemeanor punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $10,000.

The sale or delivery of 1/2 oz. – 1 lb. is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000.

The sale or delivery of 1 lb.- 50 lbs. is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.

The sale or delivery of more than 50 lbs. is presumed to be trafficking and is punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.

The sale or delivery to a minor is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $25,000.

See:

  • Vermont Criminal Code Title 18, Section 4230 Web Search

Cultivation

Cultivation of 1-2 plants is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $500 for the first offense. A subsequent offense increases incarceration to a maximum sentence of 2 years and a maximum fine of $2000.

Cultivation of 3-10 plants is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $10,000.

Cultivation of 11-25 plants is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000.

Cultivation of more than 25 plants is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.

See:

  • Vermont Criminal Code Title 18, Section 4230 Web Search

Hash & Concentrates

The law decriminalizes possession of 5 grams or less of hashish by a person 21 years of age or older. Civil fines are no more than $200 first offense, no more than $300 second offense, no more than $500 third or subsequent offense. Possession of more than 5 grams of hashish is a misdemeanor punishable by 6 months imprisonment and a maximum fine of $500 for a first offense. A subsequent offense increases incarceration to a maximum sentence of 2 years and a maximum fine of $2000.

Vermont classifies hashish and concentrates as marijuana. For more information regarding penalties associated with hashish or concentrates see the section for Vermont laws on marijuana.

See:

Paraphernalia

The possession of marijuana paraphernalia by a person 21 years of age or older is punishable by a civil fine only — no arrest, no jail time, and no criminal record. Civil fines are no more than $200 first offense, no more than $300 second offense, no more than $500 third or subsequent offense.

The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of paraphernalia to a minor is punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $2,000.

See:

  • Vermont Criminal Code Title 18, Section 4476 Web Search
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.

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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Utah Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 1 oz misdemeanor 6 mos $ 1,000
1 oz – 1 lb misdemeanor 1 year $ 2,500
1 – 100 lbs felony 5 years $ 5,000
More than 100 lbs felony 1 – 15 years $ 10,000

Sale

Any amount felony 5 years $ 5,000
In the presence of a minor or within 1000 ft of a school and other designated public areas is subject to increased penalties.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia misdemeanor 6 mos $ 1,000
Sale of paraphernalia misdemeanor 1 year $ 2,500
To a minor felony 5 years $ 5,000

Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.

Penalty Details

Possession

Possession of less than 1 oz. is a Class B misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000. Upon a second conviction the person is guilty of a class A misdemeanor, and upon a third or subsequent conviction the person is guilty of a third degree felony

Possession of 1 oz.- 1 lb. is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,500.

Possession of 1 lb.-100 lbs. is a Third Degree felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of over 100 lbs. is a Second Degree felony punishable by 1-15 years imprisonment and a maximum fine of $10,000.

See:

Sale

The sale of any amount is a Second Degree felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale in the presence of a minor or within 1,000 feet of a school and other designated public areas is subject to increased penalties.

See:

Cultivation

Cultivation in Utah will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.

Hash & Concentrates

Hashish and concentrates are schedule 1 controlled substances and fall under the definition of marijuana. Please see the marijuana penalties section for further details.

See:

Paraphernalia

Possession of paraphernalia is a Class B misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

The sale of paraphernalia is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,500.

The sale of paraphernalia to a minor is a Third Degree felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

See:

Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.

See:

  • Utah Criminal Code Section 53-3-220(1)(c)(i)(A) Web Search
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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Medical CBD
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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Texas Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

2 oz or less misdemeanor 180 days $ 2,000
2 – 4 oz misdemeanor 1 year $ 4,000
4 oz to 5 lbs felony 180 days* – 2 years $ 10,000
5 – 50 lbs felony 2* – 10 years $ 10,000
50 – 2000 lbs felony 2* – 20 years $ 10,000
More than 2000 lbs felony 5* – 99 years $ 50,000
* Mandatory minimum sentence

Sale

7 g or less for no remuneration misdemeanor 180 days $ 2,000
7 g or less misdemeanor 1 year $ 4,000
7 g to 5 lbs felony 180 days* – 2 years $ 10,000
5 – 50 lbs felony 2* – 20 years $ 10,000
50 – 2000 lbs felony 5* – 99 years $ 10,000
More than 2000 lbs felony 10* – 99 years $ 100,000
To a minor felony 2* – 20 years $ 10,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of less than 1 g felony 180 days – 2 years $ 10,000
Possession of 1 – 4 g felony 2 – 10 years $ 10,000
Possession of 4 – 400 g felony 2 – 20 years $ 10,000
Possession of more than 400 g felony 10 years – life $ 50,000
Manufacture or delivery of less than 1 g felony 180 days – 2 years $ 10,000
Manufacture or delivery of 1 – 4 g felony 2 – 20 years $ 10,000
Manufacture or delivery of 4 – 400 g felony 5 – 99 years $ 10,000
Manufacture or delivery of more than 400 g felony 10 years – life $ 10,000

Paraphernalia

Possession of paraphernalia misdemeanor N/A $ 500
Sale of paraphernalia (first offense) misdemeanor 1 year $ 4,000
Sale of paraphernalia (subsequent offense) felony 90 days* – 1 year $ 4,000
To a minor felony 180 days* – 2 years $ 10,000
* Mandatory minimum sentence

Miscellaneous

Falsifying a drug test misdemeanor 180 days $ 2,000
A person’s driver’s license is automatically suspended on final conviction of a drug offense.

Penalty Details

Possession

Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.

Possession of between 4 ounces and 5 lbs. of marijuana is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

Possession of between 5 lbs. and 50 lbs. of marijuana is a Third Degree felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.

Possession of between 50 lbs. and 2,000 lbs of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

Possession of more than 2,000 lbs. of marijuana is a Felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.

See:

Sale

The sale or delivery of 7 grams of marijuana or less, for no remuneration, is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

The sale or delivery of 7 grams of marijuana or less, for remuneration is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.

The sale or delivery of between 7 grams and 5 lbs. is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

The sale or delivery of between 5 lbs. and 50 lbs. of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

The sale or delivery of between 50 lbs. and 2,000 lbs. of marijuana is a First Degree felony, punishable by a mandatory minimum sentence of 5 years imprisonment, a maximum sentence of life imprisonment, and a fine not to exceed $10,000.

The sale or delivery of more than 2,000 lbs. of marijuana is a felony, punishable by a mandatory minimum sentence of 10 years in prison, a maximum sentence of life imprisonment, and a fine not to exceed $100,000.

Selling marijuana to a child is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

See:

Cultivation

Cultivation in Texas will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.

Hash & Concentrates

Hashish and concentrates are not considered marijuana.

See:

Possession of hashish or concentrates is a crime. If hashish or concentrates is less than one gram, the offense is considered a state jail felony punishable by term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 1 gram but less than 4 grams, the offense is considered a felony of the third degree punishable by a term of imprisonment no less than 2 years and no greater than 10 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is greater than 4 grams but less than 400 grams, the offense is considered a felony in the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater 99 years and a fine no greater than $50,000.

See:

Manufacturing, delivering, or possessing with intent to deliver hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 1 gram, the offense is considered a state jail felony punishable by a term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 1 gram but less than four grams, the offense is considered a felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 4 grams but less than 400 grams, the offense is considered a felony of the first degree punishable by a term of imprisonment no less than 5 years and no greater than 99 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is greater than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater than 99 years and a fine no greater than $100,000.

See:

Delivering hashish or concentrates to a person under 18 years of age or a person enrolled in primary or secondary school is felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000. This is only applicable if the offender is older than 18 years of age.

See:

Any device used for the purpose of creating hashish or concentrates is considered drug paraphernalia. Possession of any such device is a Class C Misdemeanor punishable by a fine no greater than $500. Manufacturing, delivering, or possessing with intent to deliver any such device is a Class A Misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.

See:

If any of the previously listed offenses occurred within 1,000 feet of a school, youth center or playground, or within 300 feet of a public swimming pool or video arcade, the degree of the offense is increased by one level; i.e. if the offense was a felony of the third degree it is now a felony of the second degree and if the offense was a felony of the second degree it is now a felony of the first degree, etc.

See:

If the perpetrator of any of the previously listed offenses was found to have involved a person under the age of 18, the degree of the offense is increased one level; i.e. if the offense was a felony in the third degree it is now a felony of the second degree, and if the offense was a felony of the second degree it is now a felony of the first degree, etc.

See:

Paraphernalia

Possession of paraphernalia is a Class C misdemeanor, punishable by a fine not to exceed $500.

Selling, or possessing with intent to sell or deliver, paraphernalia is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000, unless the offender has previously been convicted of this offense, in which case the offense is a felony, punishable by a mandatory minimum sentence of 90 days imprisonment and a maximum sentence of 1 year imprisonment.

Selling paraphernalia to a minor is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

See:

Miscellaneous

Falsifying a drug test, or possessing with intent to use any material for the falsification of a drug test, is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

See:

A person’s driver’s license is automatically suspended on final conviction of: (1) an offense under the Controlled Substances Act or (2) a drug offense.

See:

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.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Tennessee Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

1/2 oz or less (first offense) misdemeanor 1 year $ 250
1/2 oz or less (second offense) misdemeanor 1 year $ 500
1/2 oz or less (third offense) felony 1 – 6 years $ 1,000
Fines for possession are mandatory.

Sale

1/2 oz – 10 lbs felony 1 – 6 years $ 5,000
10 – 70 lbs felony 2 – 12 years $ 5,000
70 – 300 lbs felony 8 – 30 years $ 200,000
More than 300 lbs felony 15 – 60 years $ 500,000
Includes possession with intent to distribute.
Subsequent offense carries higher penalty.

Cultivation

10 plants or less felony 1 – 6 years $ 5,000
10 – 19 plants felony 2 – 12 years $ 50,000
20 – 99 plants felony 3 – 15 years $ 100,000
100 – 499 plants felony 8 – 30 years $ 200,000
More than 500 plants felony 15 – 60 years $ 500,000
Subsequent offense carries higher penalty.

Hash & Concentrates

Possession misdemeanor 11 mos $ 2,500
Manufacture, deliver, or sell less than 2 lbs felony 6 years $ 5,000
Manufacture, deliver, or sell 2 – 4 lbs felony 12 years $ 50,000
Manufacture, deliver, or sell 4 – 8 lbs felony 15 years $ 100,000
Manufacture, deliver, or sell 8 – 15 lbs felony 30 years $ 200,000
Manufacture, deliver, or sell more than 15 lbs felony 60 years $ 500,000

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 2,500
Sale of paraphernalia felony 1 – 6 years $ 3,000

Miscellaneous (license suspensions, civil damages, etc…)

Falsification of drug tests misdemeanor 1 year $ 2,500

Penalty Details

Marijuana is a Schedule VI drug in TN.

See:

Possession

Possession of a half ounce of marijuana or less is a Class A misdemeanor with penalties of up to a year in jail and a fine of up to $2,500. First offenses bring with them a minimum fine of $250. A second offense brings a mandatory fine of at least $500. Third time offenders will be charged with a Class E felony, bringing a punishment of between 1 and 6 years in prison and a mandatory minimum fine of $1,000.

See:

Sale

The sale or possessing with the intent to distribute between a half ounce of marijuana and 10 lbs. of marijuana is a Class E felony punishable with between 1-6 years of incarceration and a fine of no more than $5,000.

The sale or possessing with the intent to distribute between 10 and 70 lbs. of marijuana is a Class D felony punishable with between 2-12 years of incarceration and a fine of no more than $5,000.

The sale or possessing with the intent to distribute between 70-300 lbs. of marijuana is a Class B felony punishable with between 8-30 years of incarceration and a fine of no more than $200,000.

The sale or possessing with the intent to distribute more than 300 lbs. of marijuana is a Class A felony punishable with between 15-60 years of incarceration and a fine of no more than $500,000.

A first-time felony conviction will receive a minimum fine of at least $2,000. A second felony conviction will bring a minimum fine of at least $3,000. The third and all subsequent felony convictions will bring a fine of at least $5,000, and will be punished at one grade higher.

See:

Sale to a minor is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.

See:

Sale to a minor within 1,000 ft. of a school is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.

See:

Cultivation

Cultivation of 10 plants or less is a Class E felony and can lead to incarceration of between 1 and 6 years, and will bring a maximum fine of $5,000.

Cultivation of between 10 and 19 plants is a Class D felony and can lead to incarceration of between 2 and 12 years, and will bring a maximum fine of $50,000.

Cultivation of between 20 and 99 plants is a Class C felony and can lead to incarceration of between 3 and 15 years, and will bring a maximum fine of $100,000.

Cultivation of between 100 and 499 plants is a Class B felony and can lead to incarceration of between 8 and 30 years, and will bring a maximum fine of $200,000.

Cultivation of 500 or more plants is a Class A felony and can lead to incarceration of between 15 and 60 years, and will bring a maximum fine of $500,000.

First-time felony convictions will receive a mandatory minimum fine of at least $2,000.

Second-time felony convictions will receive a mandatory minimum fine of at least $3,000.

Any repeat felony conviction after the second will receive a mandatory minimum fine of at least $5,000.

See:

Hash & Concentrates

Hashish and concentrates are schedule VI controlled substances.

See:

  • Tennessee CODE ANN. § 39-17-415(a)(2) Web Search

Possession of hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 14.75 grams the offense is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. A second or subsequent conviction is punishable as a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

See:

It is a crime to manufacture, deliver, sell, or possess with intent to manufacture, deliver, or sell hashish or concentrates. If the amount of hashish or concentrates is less than 2 pounds, the offense is a Class E felony punishable by a fine no greater than $5,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

If the amount of hashish or concentrates is greater than 2 pounds but less than 4 pounds, the offense is a Class D felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 years and no greater than 12 years.

If the amount of hashish or concentrates is greater than 4 pounds but less than 8 pounds, the offense is a Class C felony punishable by a fine no greater than $100,000 and a term of imprisonment no less than 3 years and no greater than 15 years.

If the amount of hashish or concentrates is greater than 8 pounds but less than 15 pounds, the offense is a Class B felony punishable by a fine no greater than $200,000 and a term of imprisonment no less than 8 years and no greater than 30 years.

If the amount of hashish or concentrates is greater than 15 pounds, the offense is a Class A felony punishable by a fine no greater than $500,000 and a term of imprisonment no less than 15 years and no greater than 60 years.

If the offense occurred within a designated area, then the penalty of that offense is increased by one class, i.e. a Class D felony becomes a Class C felony, a Class B felony becomes a Class A felony, etc. This designated area is anywhere within 1,000 feet of a school, recreation center, public library, child day care facility, or park.

See:

Any device or equipment used to make or create hashish is considered drug paraphernalia. Using paraphernalia or possessing paraphernalia with the intent to use is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. Possessing or manufacturing with intent to deliver drug paraphernalia is a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

See:

Paraphernalia

Possession of paraphernalia is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine of between $150 and $2,500. For a second or subsequent violation, the mandatory minimum fine increases to $250.

See:

Sale of paraphernalia is a Class E felony and is punishable with 1-6 years of incarceration and a maximum fine of $3,000.

See:

Miscellaneous

Falsification of Drug Tests

Falsifying a dug test is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine not to exceed $2,500.

See:

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Medical CBD
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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

South Dakota Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

2 oz or less misdemeanor 1 year $ 2,000
2 oz – 1/2 lb felony 1 years $ 4,000
1/2 – 1 lb felony 5 years $ 10,000
1 – 10 lbs felony 10 years $ 20,000
More than 10 lbs felony 15 years $ 30,000

Sale

Less than 1/2 oz misdemeanor 15 days* – 1 year $ 2,000
1/2 – 1 oz felony 2 years $ 4,000
1 oz – 1/2 lb felony 5 years $ 10,000
1/2 – 1 lb felony 10 years $ 20,000
More than 1 lb felony 15 years $ 30,000
Within 1000 ft of a school or 500 ft of other designated areas N/A 5 years* $ 10,000
To a minor is a felony that carries additional incarceration and fine.
* Mandatory minimum sentence

Hash & Concentrates

Possession felony 10 years $ 20,000
Manufacturing, distributing, or dispensing felony 10 years $ 20,000
Subsequent offenses carry greater penalties

Paraphernalia

Possession of paraphernalia misdemeanor 30 days $ 500

Miscellaneous (license suspensions, civil damages, etc…)

Inhabiting a room where marijuana is being used or stored misdemeanor 1 year $ 2,000

Penalty Details

Possession

Possession of 2 oz. or less is a Class 1 misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Possession of more than 2 oz.- .5 lb is a Class 6 felony which is punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000.

Possession of .5 lb.- 1 lb. is a Class 5 felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

Possession of 1 lb.-10 lbs. is a Class 4 felony which is punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

Possession of more than 10 lbs. is a Class 3 felony which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $30,000.

See:

  • Section 22-42-6 of the South Dakota Codified Laws Web Search
  • Section 22-6-1 of the South Dakota Codified Laws Web Search
  • Section 22-6-2 of the South Dakota Codified Laws Web Search

Sale

The sale or distribution of less than half an ounce is a Class 1 misdemeanor punishable by a mandatory minimum sentence of 15 days- 1 year imprisonment and a maximum fine of $2,000.

The sale or distribution of 1 oz. or less is a Class 6 felony punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000.

The sale or distribution of 1 oz.- .5 lb. is a Class 5 felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

The sale or distribution of .5 lb.- 1 lb. is a Class 4 felony which is punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

The sale or distribution of more than 1 lb. is a Class 3 felony which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $30,000.

The sale or distribution of less than .5 oz. to a minor without consideration is a Class 6 felony which is punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000.

The sale or distribution of 1 oz. or less to a minor is a Class 5 felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

The sale or distribution of 1 oz.- .5 lb. to a minor is a Class 4 felony which is punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

The sale or distribution of .5 lb.- 1 lb. to a minor is a Class 3 felony which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $30,000.

The sale or distribution of more than 1 lb. to a minor is a Class 2 felony which is punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $50,000.

* The first felony conviction is punishable by a mandatory minimum sentence of 30 days imprisonment. A second or subsequent felony conviction is punishable by a mandatory minimum sentence of 1 year imprisonment.

The sale within 1,000 feet of a school or within 500 feet of other designated areas is a penalty that is punishable by a mandatory minimum sentence of 5 years imprisonment and a maximum fine of $10,000.

See:

  • Section 22-42-7 of the South Dakota Codified Laws Web Search
  • Section 22-6-1 of the South Dakota Codified Laws Web Search
  • Section 22-6-2 of the South Dakota Codified Laws Web Search

Cultivation

Cultivation in South Dakota will be punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute. See the “Possession” and “Sale” sections for further penalty details.

Hash & Concentrates

South Dakota defines hashish as the resin extracted from any part of the cannabis plant. Hashish and concentrates are Schedule 1 drugs.

See:

  • Section 34-20B-1(9) of the South Dakota Codified Laws Web Search
  • Section 34-20B-14(10) of the South Dakota Codified Laws Web Search

Manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute, or dispense, hashish or concentrates is a Class 4 felony punishable by a term of imprisonment of 10 years and a fine no greater than $20,000. A first conviction carries a minimum term of imprisonment of 1 year, with subsequent conviction carrying a minimum term of imprisonment of 10 years. If the hashish or concentrates were distributed or dispensed to a minor, then the offense is a Class 2 felony punishable by a term of imprisonment of 25 years and a fine no greater than $50,000. A first conviction involving a minor carries a minimum term of imprisonment of 5 years, with subsequent convictions carrying a minimum term of imprisonment of 15 years.

See:

  • Section 22-42-2 of the South Dakota Codified Laws Web Search
  • Section 22-6-1 of the South Dakota Codified Laws Web Search

Possession of hashish or concentrates is a Class 4 felony punishable by a term of imprisonment of 10 years and a fine no greater than $20,000.

See:

  • Section 22-42-5 of the South Dakota Codified Laws Web Search
  • Section 22-6-1 of the South Dakota Codified Laws Web Search

If hashish or concentrates were manufactured, distributed, dispensed, or possessed with intent to distribute or dispense within 1,000 feet of a school or playground or 500 feet of a youth center, public swimming pool, or arcade the offense is a Class 4 felony punishable by a minimum term no less than 5 years and no greater than 10 years and a fine no greater than $20,000.

See:

  • Section 22-42-19 of the South Dakota Codified Laws Web Search

Any equipment or device that is used to create or manufacture hashish or concentrates is considered drug paraphernalia. Possessing any such device is a Class 2 misdemeanor punishable by a term of imprisonment of 30 days and/or a fine of $500. Manufacturing or delivering any such device is Class 6 felony punishable by term of imprisonment of 2 years and/or a fine no greater than $4,000.

See:

  • Section 22-42A-1(2) of the South Dakota Codified Laws Web Search
  • Section 22-42A-2 of the South Dakota Codified Laws Web Search
  • Section 22-6-2 of the South Dakota Codified Laws Web Search
  • Section 22-42A-4 of the South Dakota Codified Laws Web Search
  • Section 22-6-1(9) of the South Dakota Codified Laws Web Search

Paraphernalia

The possession of paraphernalia is a Class 2 misdemeanor which is punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $500.

See:

  • Section 22-42A-3 of the South Dakota Codified Laws Web Search

Miscellaneous

Inhabiting a room where marijuana is being used or stored is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

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.

South Carolina Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

1 oz or less (first offense) misdemeanor 30 days $ 200
1 oz or less (subsequent offense) misdemeanor 1 year $ 1,000

Sale or Trafficking

Less than 10 lbs felony 5 years $ 5,000
10 – 100 lbs (first offense) felony 1* – 10 years $ 10,000
10 – 100 lbs (second offense) felony 5* – 20 years $ 25,000
10 – 100 lbs (third offense) felony 25 years* $ 25,000
100 – 2000 lbs felony 25 years* $ 25,000
2000 – 10,000 lbs felony 25 years* $ 50,000
More than 10,000 lbs felony 25 years* $ 200,000
To a minor, or within a 1/2 mile of a school, playground, or public park felony 10 years $ 10,000
* Mandatory minimum sentence

Cultivation

Less than 100 plants felony 5 years $ 5,000
100 – 1000 plants felony 25 years* $ 25,000
1000 – 10,000 plants felony 25 years* $ 50,000
More than 10,000 plants felony 25 years* $ 200,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of 10 g or less misdemeanor 30 days $ 200
Possession of more than 10 g misdemeanor 5 years $ 5,000
Subsequent offenses carry greater penalties

Paraphernalia

Possession of paraphernalia civil citation N/A $ 500

Penalty Details

Possession

Possession of 1 oz. or less is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a fine of $100-$200.*

* A conditional release based upon participation in the pretrial intervention program may be granted.

A subsequent conviction for possession of 1 oz. or less is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a fine of $200-$1,000.

See:

  • South Carolina Criminal Code, Section 44-53-110 Web Search
  • South Carolina Criminal Code, Section 44-53-190(d), 44-53-370(a) Web Search
  • South Carolina Criminal Code, Section 44-53-370(d)(4) Web Search

Sale or Trafficking

Sale of less than 10 lbs. is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Sale of 10 lbs.-100 lbs. is a felony punishable, for a first offense, by a mandatory minimum sentence of 1 year imprisonment and a maximum sentence of 10 years imprisonment, as well as a fine of $10,000.

Sale of 10 lbs.-100 lbs. is a felony punishable, for a second offense, by a mandatory minimum sentence of 5 years imprisonment and a maximum sentence of 20 years imprisonment, as well as a fine of $25,000.

Sale of 10 lbs.-100 lbs. is a felony punishable, for a third or subsequent offense, by a mandatory sentence of 25 years imprisonment, as well as a fine of $25,000.

Sale of 100 lbs.-2,000 lbs. is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $25,000.

Sale of 2,000 lbs.-10,000 lbs. is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $50,000.

Sale of more than 10,000 lbs. is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $200,000.

Sale to a minor, or within a one-half mile radius of a school, playground, or public park is a felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $10,000.

See:

  • South Carolina Criminal Code, Section 44-53-110 Web Search
  • South Carolina Criminal Code, Section 44-53-370(e) Web Search

Cultivation

Cultivation of fewer than 100 plants is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Cultivation of 100-1,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $25,000.

Cultivation of 1,000- 10,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $50,000.

Cultivation of more than 10,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $200,000.

See:

  • South Carolina Criminal Code, Section 44-53-110 Web Search
  • South Carolina Criminal Code, Section 44-53-370(e) Web Search

Hash & Concentrates

Simple possession of 10 grams or less of hashish or hashish concentrate is a misdemeanor, and upon conviction, is punishable by imprisonment of up to 30 days and a fine between $100-$200. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Pre-trial intervention and conditional release may be granted for first time offenders.

See:

  • South Carolina Criminal Code, § 44-53-370(d)(4) Web Search

Possession of more than 10 grams of hashish or hashish oil is per se possession with intent to distribute. A conviction for PUID is punishable, for a first offense, by imprisonment for not more than five years and a fine of not more than $5,000. For a second offense, whether the conviction was in SC or in another state, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years nor fined more than $10,000. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, and/or fined not more than $20,000.

See:

  • South Carolina Criminal Code, § 44-53-370(b)(2) Web Search

Paraphernalia

Possession of paraphernalia is a “civil citation” punishable by a maximum fine of $500.

See:

  • South Carolina Criminal Code, Section 44-53-110 Web Search
  • South Carolina Criminal Code, Section 44-53-391 Web Search
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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

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.

Medical CBD
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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Rhode Island Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Less than 1 oz civil offense none $ 150
1 oz – 1 kg misdemeanor 1 year $ 500

With Intent to Distribute

1 – 5 kg felony 10* – 50 years $ 500,000
More than 5 kg felony 25 years* – life $ 100,000
Within 300 yards of a school may result in double penalty.
1 kg is approximately 35 oz
* Mandatory minimum sentence

Sale or Cultivation

Less than 1 kg felony 30 years $ 100,000
1 – 5 kg felony 10* – 50 years $ 500,000
More than 5 kg felony 20 years* – life $ 10,000
To a minor at least three years younger felony 2 – 5 years $ 100,000
Within 300 yards of a school may result in double penalty.
1 kg is approximately 35 oz
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Manufacture, sale, delivery, or possession with intent to sell or deliver not classified 2 years $ 5,000
Delivery to a person under 18 years not classified 5 years $ 5,000

Miscellaneous

Possession while driving will result in a driver’s license suspension for a period of 6 months.

Penalty Details

Possession for Personal Use

Governor Lincoln Chafee signed legislation into law that significantly reduces the penalties associated with the possession of marijuana for personal use. Under the new law, the possession of up to one ounce of marijuana by an individual 18 years or older is a non-arrestable civil offense – punishable by a $150 fine, no jail time, and no criminal record. The law took effect on April 1, 2013.

Possession of 1 ounce to 1 kilogram is a misdemeanor that is punishable by a maximum of 1 year imprisonment and a maximum fine of $500.

See:

  • Section 21-28-4.01 of the Rhode Island General Laws Web Search
  • Section 21-28-2.03 of the Rhode Island General Laws Web Search
  • Section 21-28-2.08 of the Rhode Island General Laws Web Search

Possession with Intent to Distribute

Possession of between 1-5 kilograms is a felony punishable by a mandatory minimum sentence of 10 years and a maximum of 50 years imprisonment and a maximum fine of $500,000.

Possession of more than 5 kilograms is a felony punishable by a mandatory minimum sentence of 25 years and a maximum sentence of life imprisonment as well as a maximum fine of $100,000.

Sale or possession within 300 yards of a school may result in a doubling of the penalties.

Possession while driving will result in a driver’s license suspension for a period of 6 months.

See:

  • Section 21-28-4.01 of the Rhode Island General Laws Web Search
  • Section 21-28-2.03 of the Rhode Island General Laws Web Search
  • Section 21-28-2.08 of the Rhode Island General Laws Web Search

Sale or Cultivation

Sale or cultivation of less than 1 kilogram is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $100,000.

Sale or cultivation of between 1-5 kilograms is punishable by a mandatory minimum sentence of 10 years imprisonment and a maximum sentence of 50 years imprisonment as well as a maximum fine of $500,000.

Sale or cultivation of more than 5 kilograms is punishable by a mandatory minimum sentence of 20 years imprisonment and a maximum of life imprisonment as well as a maximum fine of $100,000.

Delivery to a minor at least three years younger than the offender carries with it the additional penalty of between 2-5 years imprisonment and a maximum fine of $10,000.

Sale or possession within 300 yards of a school, public park, or playground doubles the penalties.

For sentences of probation without imprisonment, the offender must undergo drug abuse evaluation, attend a drug education course, and perform 100 hours of community service.

See:

  • Section 21-28-4.01.2 of the Rhode Island General Laws Web Search
  • Section 21-28-2.03 of the Rhode Island General Laws Web Search
  • Section 21-28-2.08 of the Rhode Island General Laws Web Search

Hash & Concentrates

Hashish and concentrates fall under the definition of marijuana. For more information on Rhode Island’s criminal penalties relating to marijuana or Rhode Island’s medical uses of marijuana, please see these related sections on NORML’s website.

See:

  • Section 21-28-1.02(26) of Rhode Island General Laws Web Search

Paraphernalia

The manufacture, sale, delivery, or possession with the intent to sell or deliver, of paraphernalia is punishable by a fine not exceeding five thousand dollars ($5,000) and imprisonment not exceeding two (2) years.

Any person eighteen (18) years of age or over who delivers drug paraphernalia to a person under eighteen (18) years of age shall be subject to a fine not to exceed five thousand dollars ($5,000) and imprisonment not to exceed five (5) years.

See:

  • Section 21-28.5-1 of the Rhode Island General Laws Web Search
  • Section 21-28.5-2 of the Rhode Island General Laws Web Search
  • Section 21-28.5-3 of the Rhode Island General Laws Web Search

Miscellaneous

Possession while driving will result in a driver’s license suspension for a period of 6 months.

See:

  • Section 21-28-2.08 of the Rhode Island General Laws Web Search
  • Section 21-28-2.03 of the Rhode Island General Laws Web Search
  • Section 21-28-4.01 of the Rhode Island General Laws. Web Search

If the offense inolves the use of any automobile to transport the substance or the substance is found within an automobile, then a person convicted or who pleads nolo contendere shall be subjected to a loss of license for a period of six months for a first offense and one year for each offense after this.

See:

  • Title 21, Chapter 21-28, Article 21-28-4.01(4)(iv) Web Search
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.

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.

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Pennsylvania Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

30g or less misdemeanor 30 days $ 500
More than 30g misdemeanor 1 year $ 5,000
First possession conviction is eligible for conditional release. Subsequent conviction can lead to a doubled penalty.

Sale or Distribution

30g or less for no remuneration misdemeanor 30 days $ 500
2 – 10 lbs felony 1 year* $ 5,000
10 – 50 lbs felony 3 year* $ 25,000
Less than 1000 lbs felony 3 years $ 25,000
More than 1000 lbs felony 10 years $ 100,000
Within 1000 ft of a school or within 250 ft of recreational playground punishable by 2-4 years in prison.
To a minor, or after a previous drug conviction, brings doubled penalties.
Courts are authorized to increase the maximum fine to exhaust all proceeds from drug sales.
* Mandatory minimum sentence

Cultivation

10 – 21 plants felony 1 year* $ 5,000
22 – 51 plants felony 3 years* $ 15,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of 8 g or less misdemeanor 30 days $ 500
Possession of more than 8 g misdemeanor 1 year $ 5,000
Manufacture felony 5 years $ 15,000
Penalties for selling or trafficking hashish or concentrates are the same as the trafficking penalties for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession or sale of paraphernalia misdemeanor 1 year $ 2,500
To a minor at least 3 years younger misdemeanor 2 year $ 5,000

Miscellaneous

Suspension of driving privileges upon receiving a conviction of any offense involving the possession, sale, delivery of any controlled substance.

Penalty Details

Marijuana is a Schedule I drug.

See: Pennsylvania Consolidated Statutes

Possession

Possession of 30g or less is a misdemeanor punishable by 30 days in jail and a $500 fine.

Possession of more than 30g is a misdemeanor with a maximum penalty of one year in jail and a $5,000 fine.

First possession conviction is eligible for conditional release, wherein the offender gets probation for up to a year instead of jail time.

A second or subsequent conviction can lead to a doubled penalty.

See:

  • Controlled Substance, Drug Device and Cosmetic Act: 35 P.S.§ 780-113 Web Search
  • Controlled Substance, Drug Device and Cosmetic Act: 35 P.S. §780-113(a)(16) Web Search
  • 18 Pennsylvania CONS. STAT. § 106 Web Search
  • 18 Pennsylvania CONS. STAT. § 1101 Web Search
  • 18 Pennsylvania CONS. STAT. § 1103 Web Search
  • 18 Pennsylvania CONS. STAT. § 1104 Web Search

Sale or Distribution

Distribution of 30g or less of marijuana for no remuneration is a misdemeanor punishable by up to 30 days in jail and a fine of up to $500.

Sale of less than 1,000 lbs. is a felony punishable by up to 3 years in jail and a $25,000 fine. If the offender has a prior drug conviction, then the mandatory sentence is 3 years and the mandatory fine will be $25,000. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.

Selling 2-10 lbs. of marijuana carries a mandatory minimum sentence of 1 year in jail and a $5,000 fine. These penalties are doubled if the conviction is a second or subsequent drug offense or if the sale is to a minor. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.

Sale of more than 1,000 lbs. is a felony with a maximum penalty of 10 years in prison and a $100,000 fine. These penalties are doubled if the conviction is a second or subsequent drug offense or if the sale is to a minor. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.

Delivery of marijuana within 1,000 ft of a school or within 250 ft. of recreational playground is punishable by 2-4 years in prison.

Distribution to a minor by one over the age of 21 is a felony and brings doubled penalties upon conviction.

See:

  • Controlled Substance, Drug Device and Cosmetic Act: 35 P.S.§ 780-113 Web Search
  • 18 Pennsylvania CONS. STAT. § 106 Web Search
  • 18 Pennsylvania CONS. STAT. § 1101 Web Search
  • 18 Pennsylvania CONS. STAT. § 1103 Web Search
  • 18 Pennsylvania CONS. STAT. § 1104 Web Search

Cultivation

Possession of 10 to 21 marijuana plants is a felony punishable with a mandatory 1 year sentence and a $5,000 fine. The penalty may be doubled if the conviction is a second or subsequent offense.

Possession of 22 to 51 marijuana plants is a felony and will be punished with a mandatory 3 year sentence and a $15,000 fine. The penalty may be doubled if the conviction is a second or subsequent offense.

See:

  • Controlled Substance, Drug Device and Cosmetic Act: 35 P.S.§ 780-113 Web Search
  • 18 Pennsylvania CONS. STAT. § 106 Web Search
  • 18 Pennsylvania CONS. STAT. § 1101 Web Search
  • 18 Pennsylvania CONS. STAT. § 1103 Web Search
  • 18 Pennsylvania CONS. STAT. § 1104 Web Search

Hash & Concentrates

Hashish and THC concentrates are Schedule 1 drugs.

See:

  • 35 Pennsylvania CONS. STAT. §780-102 Web Search
  • 35 Pennsylvania CONS. STAT. §780-104(i)(iii)(16) Web Search

Possessing less than 8 grams of hashish or concentrates is a misdemeanor punishable by a fine no greater than $500 and/or a term of imprisonment no greater than 30 days. Possessing more than 8 grams of hashish or concentrates is a misdemeanor punishable by a fine no greater than $5,000 or a term of imprisonment no greater than 1 year.

See:

  • 35 Pennsylvania CONS. STAT. §780-113(b) Web Search
  • 35 Pennsylvania CONS. STAT. §780-113(g) Web Search

Manufacturing hashish or concentrates is a felony punishable by a fine no greater than $15,000 and/or a term of imprisonment no greater than 5 years. Subsequent convictions for manufacturing hashish are punishable by a fine no greater than $30,000 and/or a term of imprisonment no greater than 10 years.

See:

  • 35 Pennsylvania CONS. STAT. §780-113(a)(30) Web Search
  • 35 Pennsylvania CONS. STAT. §780-113(f)(2) Web Search
  • 35 Pennsylvania CONS. STAT. §780-115(a) Web Search

The offenses and penalties for selling or trafficking hashish or concentrates are the same as the trafficking penalties for marijuana. For more information see Pennsylvania’s marijuana laws section of this website.

Any device or equipment used to manufacture or create hashish or concentrates is considered drug paraphernalia. Possession of any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year. Manufacturing or selling any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year. If any such device or equipment was sold to a minor, the offense is a misdemeanor of the second degree punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 2 years. Advertising the sale of any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year.

See:

  • 35 Pennsylvania CONS. STAT. §780-102(b) Web Search
  • 35 Pennsylvania CONS. STAT. §780-113(a)(31)-(34) Web Search
  • 35 Pennsylvania CONS. STAT. §780-113(i) Web Search

Paraphernalia

Possessing or selling paraphernalia is a misdemeanor punishable with up to 1 year in jail and a fine of not more than $2,500. Delivering paraphernalia to a minor who is 3 or more years his junior is a second degree misdemeanor punishable by not more than 2 years and a fine not exceeding $5,000.

See:

  • Controlled Substance, Drug Device and Cosmetic Act: 35 P.S.§ 780-113 Web Search
  • 18 Pennsylvania CONS. STAT. § 106 Web Search
  • 18 Pennsylvania CONS. STAT. § 1101 Web Search
  • 18 Pennsylvania CONS. STAT. § 1103 Web Search
  • 18 Pennsylvania CONS. STAT. § 1104 Web Search

Sentencing

Sentencing for marijuana crimes in PA varies by the weight of the plant matter seized.

PA has a mandatory minimum sentence of 1 year in prison for selling 2-10 lbs. of marijuana or for possessing 10-21 plants.

PA has a mandatory minimum sentence of 3 years for selling 10-50 lbs. of marijuana or for possessing 21-51 plants.

In PA, all first time drug convictions not regulated by the mandatory minimum sentencing requirements have the possibility for probation for a first offense.

A second or subsequent drug related conviction makes the offender eligable for double penalties, including of PA’s mandatory minimum sentences.

See:

  • Controlled Substance, Drug Device and Cosmetic Act: 35 P.S.§ 780-113 Web Search
  • 18 Pennsylvania CONS. STAT. § 106 Web Search
  • 18 Pennsylvania CONS. STAT. § 1101 Web Search
  • 18 Pennsylvania CONS. STAT. § 1103 Web Search
  • 18 Pennsylvania CONS. STAT. § 1104 Web Search

Miscellaneous

The department shall suspend the operating privilege of any person upon receiving a certified record of the person’s conviction of any offense involving the possession, sale, delivery, offering for sale, holding fr sale or giving away of any controlled substance under the laws of the US, this Commonwealth or any other state. (1st offense six months, 2nd one year, 3+ two years).

See:

  • 75 Pennsylvania CONS. STAT. § 1532(c) Web Search
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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

Oregon Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 1 oz misdemeanor N/A $ 650
Less than 1 oz within 1000 feet of school grounds misdemeanor 30 days $ 1,250
1 – 4 oz misdemeanor 6 mos $ 1,000
4 oz or more felony 10 years $ 375,000
Possession of 150 g or more is punished more severely.

Sale or Distribution

Less than 5 g without compensation not classified N/A $ 1,000
Less than 5 g misdemeanor 30 days $ 1,250
5 g – 1 oz without compensation misdemeanor 1 year $ 6,250
1 oz or more without compensation felony 5 years $ 125,000
5 g or more felony 10 years $ 250,000
To a minor or within 1000 feet of school grounds felony 20 years $ 365,000
Delivery with or without compensation of 150 g or more is punished more severely.

Cultivation

Any amount felony 10 years $ 375,000
Cultivation of 150 g or more, or within 1000 feet of school grounds is punished more severely.

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent sell or deliver civil penalty N/A $ 10,000

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Knowingly maintaining a structure used for drug offenses misdemeanor 1 year $ 6,250
Commercial drug offenses are punished more severely.
A conviction for possession of more than 1 oz, delivery, or cultivation of marijuana results in an automatic 6 mos suspension of driving privileges.

Penalty Details

Marijuana is a Schedule II substance under the Oregon Uniform Controlled Substances Act as decided by rulemaking by the Oregon Board of Pharmacy.

See:

Possession

Possession of less than 1 ounce of marijuana is a violation punishable by fine of $650. However, possession of less than 1 ounce within 1,000 feet of school grounds is Class C misdemeanor punishable by 30 days imprisonment and/or a fine up to $1,250. Possession of over one ounce, but less than four ounces of marijuana is a Class B misdemeanor punishable by no more than six-months in prison. Possession of 4 ounces or more is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $375,000. Possession of 150 grams or more is punished more severely with the term of imprisonment varying depending on the offender’s prior record.

See:

Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/CJC/GuidelinesGrid.pdf

Sale or Distribution

Delivery for no compensation of less than 5 grams marijuana is a violation punishable by fine between $500 and $1,000. Sale of 5g or less is a Class C misdemeanor punishable by a fine of up to $1,250 and a maximum sentence of 30 days. Delivery for no compensation of 5 grams or more but less than 1 ounce is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $6,250. Delivery of 1 ounce or more of marijuana without compensation is a Class C felony punishable by up to 5 years imprisonment and/or a fine up to $125,000. If the delivery of this amount was for compensation, then it is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $250,000. Any delivery (whether with or without compensation) of 150 grams or more is punished more severely with the term of imprisonment varying depending on the offender’s prior record.

See:

Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/CJC/GuidelinesGrid.pdf

Delivery of marijuana for or without compensation within 1,000 feet of school grounds is a Class A felony punishable by up to 20 years imprisonment and/or a fine up to $365,000. However, if the quantity delivered was less than 5 grams, took place in a pubic place within 1,000 feet of school grounds, and was to a person aged 18 or older, it is a Class C misdemeanor punishable by up to 30 days imprisonment and/or a fine up to $1,250. There is no defense that the delivery occurred within the confines of a private residence.

See:

Delivery to a minor by a person aged 18 years or older who is at least 3 years their senior is a Class A felony punishable by up to 20 years imprisonment and/or a fine up to $375,000.

See:

Cultivation

Cultivation of any amount marijuana is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $375,000. If the amount cultivated is 150 grams or more, the punishment is more severe with the term of imprisonment varying depending on the offender’s prior record. Cultivation within 1,000 feet of school grounds is a Class A felony but is punished more severely with the term of imprisonment varying depending on the offender’s prior record.

See:

Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/CJC/GuidelinesGrid.pdf

Hash & Concentrates

Offenses involving the possession of less than 1/4 ounce of hashish are a Class B misdemeanor punishable by no more than six-months in prison. Hashish and concentrates are considered marijuana in Oregon and therefore have the same penalties. The only distinction is that 100 grams of hashish or concentrates are required for the offense to be considered a commercial drug offense whereas 150 grams of marijuana is required to be a commercial drug offense. An offense designated a commercial drug offense increases the associated penalties based on the offenders record.

See:

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent to sell or deliver paraphernalia is subject to a civil penalty of $2,000 to $10,000.

See:

Sentencing

Oregon determines the length of sentence by using a sentence grid.

See: Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/CJC/GuidelinesGrid.pdf

If a person pleads guilty to or is found to be guilty of a marijuana possession offense, the court may, without entering a judgment of guilt, defer the proceedings and place the person on probation if all parties agree to it. If the person violates the terms of the probation, the court may enter a adjudication of guilt and proceed with the case. Upon successful completion of the probation, the court shall discharge the person and dismiss the proceedings. There may only be 1 discharge and dismissal with respect to any person.

See:

Forfeiture

Criminal

Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a criminal forfeiture proceeding. Should the district attorney decide to pursue criminal forfeiture, it shall be brought in the same proceeding as the underlying offense. When property has been seized, a person with an interest in it (other than the defendant) has 15 days from actual knowledge or notice, whichever is earlier, to file a motion to show cause.

See:

Civil

Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a civil forfeiture proceeding. Forfeiture notice may be given by the police officer when seizing the property or within 15 days of the seizure by the seizing agency. Those claiming an interest in the property have 21 days after forfeiture notice to file a claim with the agency’s forfeiture counsel.

See:

Miscellaneous

Commercial drug offense

Possession, delivery, or cultivation of marijuana can be considered a commercial drug offense if 3 factors out of a long list are satisfied, including the delivery was for compensation, the person was in possession of $300 or more in cash, they possessed materials for the packaging of controlled substances, among many others. Commercial drug offenses are punished more severely with the term of imprisonment varying depending on the offender’s prior record.

See:

Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/CJC/GuidelinesGrid.pdf

Knowingly maintaining a structure used for drug offenses

It is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $6,250 to maintain a structure (including houses and vehicles) that the owner knows is used for using, storing, or selling marijuana.

See:

Suspension of Driving Privileges

A conviction for possession of one ounce or more, delivery, or cultivation of marijuana results in an automatic 6 month suspension of driving privileges, unless the court finds compelling reasons not to suspend the driving privileges.

See:

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.

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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Oklahoma Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount (first offense) not classified 1 year $ 0
Any amount (subsequent offense) felony 2 – 10 years $ 0

Sale or Distribution

Less than 25 lbs felony 2 years – life $ 20,000
25 – 1000 lbs felony 4 years – life $ 100,000
1000 lbs or more felony 4 years – life $ 500,000
To a minor carries a double period of incarceration and fine.
Within 2000 feet of schools, public parks, or public housing carries a double period of incarceration and fine, and a mandatory minimum sentence.

Hash & Concentrates

Possession misdemeanor 1 year $ 1,000
Distributing, dispensing, transporting or possession with intent felony 2 years – life $ 20,000
Converting marijuana into hashish or concentrates felony 2 years – life $ 50,000

Paraphernalia

Possession of paraphernalia (first offense) misdemeanor 1 year $ 1,100
Possession of paraphernalia (second offense) misdemeanor 1 year $ 5,100
Possession of paraphernalia (third offense) misdemeanor 1 year $ 10,100

Miscellaneous (license suspensions, civil damages, etc…)

Any conviction will lead to a driver’s license suspension from 6 mos – 3 years.

Penalty Details

Possession

Possession of any amount of marijuana is a violation which is subject to up to one year of incarceration (conditional release may be granted).

A subsequent conviction for possession is a felony which carries the penalty of 2-10 years of incarceration.

See:

  • Oklahoma Stat. tit. 63 Section 2-402(B) II Web Search

Sale or Distribution

The sale of less than 25 lbs. is a felony which is punishable by incarceration for a period of 2 years-life, as well as a fine of $20,000.

The sale of 25 lbs. to 1000 lbs. is a felony which is punishable by incarceration for a period of 4 years-life, as well as a fine of $25,000-$100,000.

The sale of 1000 lbs. or more is a felony which is punishable by incarceration for a period of 4 years-life, as well as a fine of $100,000-$500,000.

The sale to minors is a felony which is punishable by a double penalty for both the period of incarceration as well as the fine to be paid.

The sale within 2000 feet of schools, public parks, or public housing is a felony which is punishable by a double penalty for both the period of incarceration as well as the fine to be paid. A conviction carries with it a mandatory minimum sentence of 50% of the imposed sentence.

See:

  • Oklahoma Stat. tit. 63, Section 2-401(CO8) Web Search

Cultivation

Cultivation in Oklahoma will be punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute. See the “Possession” and “Sale or Distribution” sections for further penalty details.

Hash & Concentrates

Hashish or concentrates fall under Oklahoma’s definition of marijuana and are Schedule I drugs.

See:

  • Oklahoma Stat. tit. 63 Section 2-101(23) Web Search
  • Oklahoma Stat. tit. 63 Section 2-204(C)(12) Web Search

Converting or attempting to convert marijuana into hashish or concentrates is a felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 and up to remainder of the offender’s life. Subsequent convictions are punishable by a fine no greater than $100,000 and a term of imprisonment greater than 4 years and up to the remainder of the offender’s life.

See:

Distributing, dispensing, transporting with intent to distribute, possessing with intent to manufacture, distribute, or dispense, hashish or concentrates is a felony punishable by a fine no greater than $20,000 and a term of imprisonment no less than 2 years and up to the remainder of the offender’s life.

See:

Possessing hashish or concentrates is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second or subsequent conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no less than 2 years and no greater than 10 years. If the offense occurred within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age, the offense becomes a felony punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 2 years. A second or subsequent conviction for possession of hashish or concentrates within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age is punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 4 years and no greater than 20 years.

See:

  • Oklahoma Stat. tit. 63 Section 2-402(B)(2) Web Search
  • Oklahoma Stat. tit. 63 Section 2-402(C) Web Search

Any equipment or device used to create hashish or concentrates is considered paraphernalia. Possessing, transporting, using, or manufacturing any such equipment or device is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 1 year. A third conviction is punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 1 year.

See:

  • Oklahoma Stat. tit. 63 Section 2-101(36) Web Search
  • Oklahoma Stat. tit. 63 Section 2-405 Web Search

Paraphernalia

A conviction for possession of paraphernalia is a misdemeanor that is punishable by up to one year imprisonment as well as a $1,100 fine.

A second paraphernalia conviction is a misdemeanor that is punishable by up to one year imprisonment as well as a $5,100 fine.

A third paraphernalia conviction is a misdemeanor that is punishable by up to one year imprisonment and a $10,100 fine.

See:

  • Oklahoma Stat. tit. 63, Section 2-405(B) Web Search

Miscellaneous

Any conviction will lead to a driver’s license suspension from 6 months to 3 years. Immediately revoke for any conviction of misdemeanor or felony conviction for possessing, distributing, dispensing, manufacturing, trafficking, cultivating or selling a controlled substance.

See:

  • Oklahoma Stat. tit. Section 47 6-205(A)(6) Web Search
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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Ohio Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 100 g misdemeanor N/A $ 150
100 – 200 g misdemeanor 30 days $ 250
200 – 1000 g felony 6 mos – 1 year $ 2,500
1000 – 5000 g felony 1 – 5 years $ 10,000
5000 – 20,000 g felony 1 – 5 years $ 10,000
20,000 – 40,000 g felony 5* – 8 years $ 15,000
More than 40,000 g felony 8 years* $ 15,000
* Mandatory minimum sentence

Sale/Distribution/Trafficking

A gift of 20 g or less (first offense) misdemeanor N/A $ 150
A gift of 20 g or less (second offense) misdemeanor 60 days $ 500
Less than 200 g felony 1 year $ 2,500
200 – 1000 g felony 6 mos – 1.5 years $ 2,500
1000 – 5000 g felony 1 – 5 years $ 2,500
5000 – 20,000 g felony 1 – 5 years $ 2,500
20,000 – 40,000 g felony 5* – 8 years $ 2,500
More than 40,000 g felony 8 years* $ 2,500
To a minor, within 1000 feet of a school, within 100 feet of a juvenile, or by one who has a previous drug conviction will increase the term of imprisonment and the fine.
* Mandatory minimum sentence

Cultivation

See Possession

Hash & Concentrates

Possession of less than 5g/1g (solid/liquid) misdemeanor N/A $ 150
Possession of 5g/1g – 10g/2g (solid/liquid) misdemeanor 30 days $ 250
Possession of 10g/2g – 50g/10g (solid/liquid) felony 1 year $ 2,500
Possession of 50g/10g – 1,000g/200g (solid/liquid) felony 3 years $ 10,000
Possession of 1,000g/200g (solid/liquid) or more felony 8 years $ 15,000
Selling less than 10g/2g (solid/liquid) felony 1 year $ 2,500
Selling 10g/2g – 50g/10g (solid/liquid) felony 18 mos $ 5,000
Selling 50g/10g – 1,000g/200g (solid/liquid) felony 3 years $ 10,000
Selling 1,000g/200g (solid/liquid) or more felony 8 years $ 15,000
Manufacture felony 8 years $ 15,000

Paraphernalia

Possession of paraphernalia misdemeanor N/A $ 150
Sale of paraphernalia misdemeanor 90 days $ 750

Miscellaneous (license suspensions, civil damages, etc…)

Any drug conviction (including a paraphernalia conviction) may result in a driver’s license suspension for a period of 6 mos – 5 years.

Penalty Details

Possession and Cultivation

Possession of less than 100 grams is a minor misdemeanor punishable by a $150 fine.*

Possession of 100-200 grams is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $250.

Possession of 200-1,000 grams is a fifth degree felony punishable by a prison sentence of 6-12 months and a maximum fine of $2,500.**

Possession of 1,000-5,000 grams is a third degree felony punishable by 1-5 years imprisonment and/or a fine of $5,000-$10,000.

Possession of 5,000-20,000 grams is a third degree felony punishable by 1-5 years imprisonment and/or a fine of $5,000-$10,000. There is a presumption of imprisonment.

Possession of more than 20,000-40,000 grams is a second degree felony punishable by a minimum sentence of 5 years, a maximum sentence of 8 years imprisonment, and a maximum fine of $15,000.

Possession of more than 40,000 grams is a second degree felony punishable by a mandatory 8 year sentence and a maximum fine of $15,000.

“Possession” means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

See:

“Marihuana does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.”

See:

  • Ohio Revised Code 2011, §3719.01 (O) Web Search

* A minor misdemeanor does not create a criminal record in Ohio.

** Ohio provides an affirmative defense for this level of cultivation if the defendant can meet the burden to prove that the marijuana was intended solely for personal use by a preponderance of the evidence. If this defense is successful, the defendant can still be convicted of, or plead guilty to, a misdemeanor violation of illegal cultivation of marihuana.

Penalties for the cultivation of marijuana are identical to the penalties for possessing an equivalent amount, in weight, of marijuana. See the chart above for further guidance.

See:

  • Ohio Revised Code 2011, §2925.04 Web Search
  • Section 2929.13 of the Ohio Revised Code Web Search
  • Section 2929.18 of the Ohio Revised Code Web Search
  • Section 2929.22 of the Ohio Revised Code Web Search

Sale/Distribution/Trafficking

A gift of 20 grams or less is a minor misdemeanor punishable by a maximum fine of $150.

A second conviction for a gift of 20 grams or less is a misdemeanor punishable by a maximum sentence of 60 days imprisonment and a maximum fine of $500.

The sale of less than 200 grams is a felony which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $2,500.

The sale of 200 grams-1,000 grams is a fourth degree felony punishable by a sentence of 6-18 months imprisonment and a variable fine.

The sale of 1,000-5,000 grams is a third degree felony punishable by a sentence of 1-5 years imprisonment and a variable fine.

The sale of 5,000-20,000 grams is a third degree felony punishable by a sentence of 1-5 years imprisonment and a variable fine with a judicial presumption of imprisonment.

The sale of 20,000-40,000 grams is a second degree felony punishable by a mandatory sentence of between 5-8 years imprisonment and a variable fine.

The sale of over 40,000 grams is a second degree felony punishable by a mandatory sentence of 8 years.

The sale to a minor, within 1,000 feet of a school, within 100 feet of a juvenile, or by one who has a previous drug conviction is a felony which will increase the length of the term of imprisonment and the fine.

See:

  • Section 2925.03 of the Ohio Revised Code Web Search
  • Section 2929.13 of the Ohio Revised Code Web Search
  • Section 2929.18 of the Ohio Revised Code Web Search
  • Section 2929.22 of the Ohio Revised Code Web Search

Hash & Concentrates

Ohio defines hashish as “the resin or a preparation of the resin contained in marihuana, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form.”

See:

Possession of less than 5 grams of solid hashish or 1 gram of liquid hashish is a minor misdemeanor punishable by a fine no greater than $150.

Possession of more than five but less than ten grams of solid hashish or more than 1 but less than 2 grams of liquid hashish is a misdemeanor of the fourth degree punishable by a fine no greater than $250 and/or a term of imprisonment no greater than 30 days.

Possession of more than 10 but less than 50 grams of solid hashish or more than 2 but less than 10 grams of liquid hashish is a felony of the fifth degree punishable by a fine no greater than $2,500 and/or a term of imprisonment no less than 6 months and no greater than 1 year.

Possession of more than 50 but less than 250 grams of solid hashish or more than 10 but less than 50 grams of liquid hashish is a felony in the third degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.

Possession of more than 250 but less than 1,000 grams of solid hashish or more than 50 but less than 200 grams of liquid hashish is a felony in the third degree punishable by a fine no greater than $10,000 and a term of imprisonment no less than 9 months and no greater than 3 years.

Possession of more than 1,000 but less than 2,000 grams of solid hashish or more than 200 but less than 400 grams of liquid hashish is a felony in the second degree punishable by a fine no greater than $15,000 and a term of imprisonment no less than 5 years and no greater than 8 years.

Possession of more than 2,000 grams of solid hashish or 400 grams of liquid hashish is a felony in the second degree punishable by a fine no greater than $15,000 and/or a term of imprisonment of 8 years.

See:

Selling or distributing less than 10 grams of solid hashish or less than 2 grams of liquid hashish is a felony in the fifth degree punishable by a fine no greater than $2,500 and/or a term of imprisonment no less than 6 months and no greater than 1 year. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the fourth degree punishable by a fine no greater than $5,000 and/or a term of imprisonment no less than 6 months and no greater than 18 months.

Selling or distributing more than 10 but less than 50 grams of solid hashish or more than 2 but less than 10 grams of liquid hashish is a felony in the fourth degree punishable by a fine no greater than $5,000 and/ or a term of imprisonment no less than 6 months and no greater than 18 months. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the third degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.

Selling or distributing more than 50 but less than 250 grams of solid hashish or more than 10 but less than 50 grams of liquid hashish is a felony of the third degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, it is a felony in the second degree punishable by a fine no greater than $15,000 and/or a term of imprisonment no less than 2 years and no greater than 8 years.

Selling or distributing more than 250 but less than 1,000 grams of solid hashish or more than 50 but less than 200 grams of liquid hashish is a felony of the third degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the second degree punishable by a fine no less than $15,000 and/or a term of imprisonment no less than 2 years and no greater than 8 years.

Selling or distributing more than 1,000 but less than 2,000 grams of solid hashish or more than 200 but less than 400 hundred grams of liquid hashish is a felony of the second degree punishable by a fine no greater than $15,000 and a term of imprisonment no less than 5 years and no greater than 8 years. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the first degree punishable by a fine no greater than $20,000 and/or a term of imprisonment of 11 years.

Selling or distributing more than 2,000 grams of solid hashish or more than 400 grams of liquid hashish is a felony of the second degree punishable by a fine n greater than $15,000 and /or a term of imprisonment of 8 years. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the first degree punishable by a fine no greater than $20,000 and/or a term of imprisonment of 11 years.

See:

Manufacturing of hashish is a felony of the second degree punishable by a fine of $15,000 and/or a term of imprisonment no less than $15,000 and a term of imprisonment no less than 2 years and no greater than 8 years. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the first degree punishable by a fine no greater than $20,000 and/or a term of imprisonment no less than 3 years and no greater than 11 years.

See:

Any device or equipment used to create or manufacture hashish is considered drug paraphernalia. Possession or use of any such device or equipment is a misdemeanor of the fourth degree punishable by a fine no greater than $250 and/or a term of imprisonment no greater than 30 days. Selling or manufacturing any such device or equipment is a misdemeanor of the second degree punishable by a fine no greater than $750 and/or a term of imprisonment no greater than 90 days. If any such device or equipment was sold to a minor, the offense is a misdemeanor in the first degree punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 180 days. Advertising the sale or manufacture of any such device or equipment is a misdemeanor of the second degree punishable by a fine no greater than $750 and a term of imprisonment no greater than 90 days.

See:

Paraphernalia

Possession of marijuana paraphernalia in a minor misdemeanor, punishable by a maximum fine of $150, possible community service, and a six month to five year suspension of the offender’s driver’s license.

See:

  • Sec. 2925.141 of the Ohio Revised Code Web Search

The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $750.

See:

  • Section 2925.14 of the Ohio Revised Code Web Search
  • Section 2929.13 of the Ohio Revised Code Web Search
  • Section 2929.22 of the Ohio Revised Code Web Search

Miscellaneous

Any conviction for possession of a controlled substance shall result in a license revocation of not less than six months and not more than 5 years.

See:

  • Section 2925.11(E)(2) of the Ohio Revised Code Web Search
  • Section2925.14 of the Ohio Revised Code Web Search
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.

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.

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

North Dakota Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 1/2 oz misdemeanor 30 days $ 1,000
Less than 1/2 oz while operating a motor vehicle misdemeanor 1 year $ 1,000
1/2 – 1 oz misdemeanor 1 year $ 1,000
1 oz – 500 g felony 5 years $ 5,000
More than 500 g felony 10 years $ 10,000

Sale

100 lbs or less felony 10 years $ 10,000
100 lbs or more felony 20 years $ 10,000
Within 1000 feet of a school carries increased length of imprisonment and fine.

Hash & Concentrates

Ingesting misdemeanor 1 year $ 2,000
Possession felony 5 years $ 5,000
Manufacture or delivery felony 10 years $ 10,000

Paraphernalia

Possession, manufacture, or delivery of paraphernalia misdemeanor 1 year $ 1,000
To a minor felony 5 years $ 5,000
Within 1000 feet of a school carries increased length of imprisonment and fine.

Miscellaneous

Any conviction requires the offender to undergo a drug addiction evaluation.
Juveniles may have their driver’s license suspended for up to 6 mos.

Penalty Details

See:

Possession

Possession of less than half an ounce is a Class B misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $1,000.*

Possession of less than half an ounce while operating a motor vehicle is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.*

Possession of half an ounce – 1 ounce is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.*

* First convictions can be removed from one’s criminal record after 2 years if there are no further criminal violations.

Possession of more than an ounce but less than 500 grams is a Class C felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of 500 grams or more of marijuana is a Class B Felony, which is punishable by up to 10 years imprisonment and a fine of up to $10,000.

See:

Sale

The sale of 100 lbs. or less is a Class B felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $10,000.

The sale of 100 lbs. or more is a Class A felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $10,000.

Sale within 1,000 feet of a school is a felony that carries with it an increased penalty for the length of imprisonment and the fine to be paid.

See:

Cultivation

Cultivation in North Dakota will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.

Hash & Concentrates

North Dakota defines hashish as “the resin extracted from any part of the plant cannabis with or without its adhering plant parts, whether growing or not, and every compound, manufacture, salt, derivative, mixture, or preparation of the resin.” Hashish is a Schedule I controlled substance.

See:

  • North Dakota Century Code 19-03.1-01(14) Web Search
  • North Dakota Century Code 19-03.1-05(5)(u) Web Search

Ingesting hashish is a class A misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See:

  • North Dakota Century Code 19-03.1-22.3 Web Search
  • North Dakota Century Code 12.1-32-01(5) Web Search

Possessing any amount of hashish is a class C felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 5 years. Possessing hashish within 1,000 feet of a school or career training center is a class B felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 10 years.

See:

  • North Dakota Century Code 19-03.1-23(7) Web Search
  • North Dakota Century Code 12.1-32-01(3),(4) Web Search

Manufacturing, delivering, or possessing with intent to manufacture or deliver hashish is a class B felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 10 years. A second conviction carries a minimum term of imprisonment of 3 years. A third or subsequent conviction carries a minimum term of imprisonment of 10 years. Manufacturing, delivering or possessing with intent to manufacture or deliver hashish within 1,000 feet of a school or career training center carries a mandatory 8 year term of imprisonment. Delivering hashish to a minor carries a mandatory 8 year term of imprisonment.

See:

  • North Dakota Century Code 19-03.1-23(1)(b) Web Search
  • North Dakota Century Code 12.1-32-01(3) Web Search
  • North Dakota Century Code 19-03.1-23(3) Web Search

Any device or equipment used to create hashish is considered drug paraphernalia. Manufacturing, delivering, or possessing any such device or equipment is a class C felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 5 years. Delivering any such device or equipment to a minor is a class C felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 5 years. Advertising any such device or equipment is a class A misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See:

  • North Dakota Century Code 19-03.4-01(13) Web Search
  • North Dakota Century Code 19-03.4-03 Web Search
  • North Dakota Century Code 19-03.4-04 Web Search
  • North Dakota Century Code 19-03.4-05 Web Search
  • North Dakota Century Code 19-03.4-06 Web Search
  • North Dakota Century Code 12.1-32-01(4),(5) Web Search

Paraphernalia

Possession, manufacture, or delivery of paraphernalia is a Class A Misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000. Providing paraphernalia to a minor is a Class C Felony, which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

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Miscellaneous

Any conviction requires the offender to undergo a drug addiction evaluation.

If a juvenile is ajudicated delinquent of an offense that would be a class A misdemeanor or a felony if the offense were committeed by an adult, the juvenile court may order the suspension of the juvenile’s driving privileges for a period of up to six months for the first offense.

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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.

North Carolina Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

1/2 oz or less misdemeanor N/A $ 200
1/2 – 1.5 oz misdemeanor 1 – 45 days $ 1,000
1.5 oz – 10 lbs felony 3 – 8 mos $ 1,000

With intent to distribute

Less than 10 lbs felony 3 – 8 mos $ 1,000
10 – 50 lbs felony 2 – 2.5 years $ 5,000
50 – 2000 lbs felony 3 – 3.5 years $ 25,000
2000 – 10,000 lbs felony 6 – 7 years $ 50,000
10,000 lbs or more felony 14.5 – 18 years $ 200,000

Sale or Delivery

Less than 10 lbs felony 4 – 8 mos $ 1,000
10 – 50 lbs felony 2* – 2.5 years $ 5,000
50 – 2000 lbs felony 3* – 3.5 years $ 25,000
2000 – 10,000 lbs felony 6* – 7 years $ 50,000
10,000 lbs or more felony 14.5* – 18 years $ 200,000
To a minor or pregnant women felony 3 – 8 years $ 0
Within 1000 feet of school, child care center, or park grounds felony 1 – 3 years $ 0
* Mandatory minimum sentence

Cultivation

Less than 10 lbs felony 3 – 8 mos $ 1,000
10 – 50 lbs felony 2* – 2.5 years $ 5,000
50 – 2000 lbs felony 3* – 3.5 years $ 25,000
2000 – 10,000 lbs felony 6* – 7 years $ 50,000
10,000 lbs or more felony 14.5* – 18 years $ 200,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of less than .05 oz misdemeanor 1 – 10 days $ 200
Possession of .05 – .15 oz misdemeanor 1 – 45 days $ 200
Possession of more than .15 oz felony 4 – 6 mos $ 200

Paraphernalia

Use, possession, sale, delivery, or manufacture of paraphernalia misdemeanor 1 – 45 days $ 1,000
To a minor who is at least 3 years younger felony 3 – 8 mos $ 0

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Involving a minor felony 8 mos – 7 years $ 0
Possession in a penal institution felony 4 – 8 mos $ 0
A fine of $0 is discretionary and is decided on a case-by-case basis by the sitting judge. See below for more details.
If convicted of a felony offense and given probabtion results in driver’s license forfeiture.

Penalty Details

Marijuana is a Schedule VI substance under the North Carolina Controlled Substances Act.

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Possession for Personal Use

Possession of a half ounce or less marijuana is a Class 3 misdemeanor and a maximum fine of $200. Any sentence of imprisonment imposed for this offense must be suspended. Possession of more than a half ounce but 1 and a half ounces or less is a Class 1 misdemeanor punishable by 1 to 45 days imprisonment and a discretionary fine for a first offense, and maximum fine of $1000. Possession of over 1 and a half ounces but less than or equal to 10 pounds is a Class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

See:

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 15A-1340.23 Web Search
  • North Carolina Gen Stat. § 90-95(d)(4) Web Search

Possession with Intent to Distribute

Possession with intent to distribute less than 10 pounds of marijuana is a class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

See:

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95(b)(2) Web Search

Possession of 10 pounds or more but less than 50 pounds is a Class H felony punishable by a minimum of 25 months and maximum of 30 months imprisonment and a fine of at least $5,000. Possession of 50 pounds or more but less than 2,000 pounds is a Class G felony punishable by a minimum of 35 months and maximum of 42 months imprisonment and a fine of at least $25,000. Possession of 2,000 pounds or more but less than 10,000 pounds is a Class F felony punishable by a minimum of 70 months and maximum of 80 months imprisonment and a fine of at least $50,000. Possession of 10,000 pounds or more of marijuana is a Class D felony punishable by a minimum of 175 months and maximum of 219 months imprisonment and a fine of at least $200,000.

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Sale/Delivery

Delivery of less than 5 grams of marijuana for no compensation is not considered sale or delivery, but may still be prosecuted as possession. Sale of less than 10 pounds of marijuana is a Class H felony punishable by 4 to 8 months imprisonment and a discretionary fine for the first offense. Delivery without compensation of less than 10 pounds is a Class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

See:

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95(a)(2) Web Search

Sale or delivery of 10 pounds or more but less than 50 pounds is a Class H felony punishable by a minimum of 25 months and maximum of 30 months imprisonment and a fine of at least $5,000. Sale or delivery of 50 pounds or more but less than 2,000 pounds is a Class G felony punishable by a minimum of 35 months and maximum of 42 months imprisonment and a fine of at least $25,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is a Class F felony punishable by a minimum of 70 months and maximum of 80 months imprisonment and a fine of at least $50,000. Sale or delivery of 10,000 pounds or more of marijuana is a Class D felony punishable by a minimum of 175 months and maximum of 219 months imprisonment and a fine of at least $200,000.

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Cultivation

Cultivation of less than 10 pounds of marijuana is a class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

See:

  • North Carolina Gen Stat. § 90-95(a)(2) Web Search

Cultivation of 10 pounds or more but less than 50 pounds is a Class H felony punishable by a minimum of 25 months and maximum of 30 months imprisonment and a fine of at least $5,000. Cultivation of 50 pounds or more but less than 2,000 pounds is a Class G felony punishable by a minimum of 35 months and maximum of 42 months imprisonment and a fine of at least $25,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is a Class F felony punishable by a minimum of 70 months and maximum of 80 months imprisonment and a fine of at least $50,000. Cultivation of 10,000 pounds or more of marijuana is a Class D felony punishable by a minimum of 175 months and maximum of 219 months imprisonment and a fine of at least $200,000.

See:

Hash & Concentrates

Possession of an extract of marijuana resin, commonly referred to as hashish, is a crime in North Carolina. Possession of less than .05 oz. (~1.4 grams) is a Class 3 misdemeanor which is punishable by a $200 fine and a 1-10 day sentence that must be suspended. Possession of more than .05 oz. (~1.4 grams) but less than .15 oz. (~4.25 grams) is a Class 1 misdemeanor which is punishable by a fine determined at the discretion of the court and a 1-45 day sentence. Possession of an amount greater than .15 oz. (~4.25 grams) is a Class I felony which has a presumptive sentence of 4-6 months and a discretionary fine may also be assessed by the court.

See:

  • North Carolina Gen Stat. §90-95(d)(4) Web Search
  • North Carolina Gen Stat. §15A-1340.17(b) Web Search

Paraphernalia

Use, possession, sale, delivery, or manufacture of paraphernalia is a Class 1 misdemeanor punishable by 1 to 45 days imprisonment and a discretionary fine for a first offense. Delivery of paraphernalia by a person aged 18 years or older to a person under the age of 18 who is at least 3 years younger is a Class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

See:

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 15A-1340.23 Web Search
  • North Carolina Gen Stat. §§ 90-113.22 to 113.23 Web Search

Sentencing

If a person has a previous controlled substance violation and commits a Class 1 misdemeanor, he will be punished as a Class I felon. If a person has a previous controlled substance violation and commits a Class 2 misdemeanor, he will be guilty of a Class 1 misdemeanor. If a person has a previous controlled substance violation and commits an offense that requires any sentence of imprisonment be suspended, he is guilty of Class 2 misdemeanor.

See:

  • North Carolina Gen Stat. §§ 90-95(e)(3)-(4), (7) Web Search

First time misdemeanor marijuana proceedings may be suspended and the offender placed on probation. The probation must include drug education, unless certain circumstances apply. Upon successful completion of the terms of probation, the charges will be dismissed and the individual discharged.

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A person convicted of a marijuana possession, cultivation, or sale/delivery offense may be eligible for probation if they are not sentenced to the maximum term of imprisonment allowed for that offense. This may include a requirement to attend treatment. This probation cannot last longer than 5 years.

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Forfeiture

Vehicles and other property may be seized for controlled substance violations. Seized property is not subject to be returned to the owner unless he can prove in a forfeiture proceeding that he is the owner and was unaware that it was being used in the violation.

See:

  • North Carolina Gen Stat. §§ 90-122 to 112.1 Web Search

Miscellaneous

Sale or delivery to a minor or pregnant women

Sale or delivery by a person aged 18 years or older to a person between 14-15 years of age or to a pregnant woman of any age is a Class D felony punishable by 38 to 80 months imprisonment and a fine to be set by the discretion of the court for the first offense. Sale or delivery by a person aged 18 years or older to a person 13 years of age or younger is a Class C felony punishable by 44 to 92 months imprisonment and a fine to be set by the discretion of the court for the first offense.

See:

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95(e)(5) Web Search
Employing a minor in a drug offense

A person aged 18-20 years who uses a minor in the sale, delivery, or cultivation of marijuana is guilty of a Class G felony if the minor is 14-17 years old, punishable by 8 to 16 months imprisonment and a discretionary fine for the first offense, and a Class F felony if the minor is 13 years of age or younger, punishable by 10 to 20 months imprisonment and a discretionary fine for the first offense. A person aged 21 years or older who uses a minor in the sale, delivery, or cultivation of marijuana is guilty of a Class E felony if the minor is 14-17 years old, punishable by 15 to 31 months imprisonment and a fine to be set by the discretion of the court for the first offense, and a Class D felony if the minor is 13 years of age or younger, punishable by 38 to 80 months imprisonment and a fine to be set by the discretion of the court for the first offense. A person aged 21 years or older who uses a minor in a drug offense may be liable for civil damages for drug addiction.

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Promoting drug sales by a minor

Any person aged 21 years or older who entices, encourages, forces, or supports a minor in selling, delivering, or cultivating marijuana is guilty of a Class D felony punishable by 38 to 80 months imprisonment and a fine to be set by the discretion of the court for the first offense.

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Participating in a drug violation by a minor

Any person aged 21 years or older who purchases marijuana from a minor 13 years or younger is guilty of a Class G felony punishable by 8 to 16 months imprisonment and a discretionary fine for the first offense.
See: N.C. Gen Stat. § 15A-1340.17

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Sale or delivery on school grounds

Sale or delivery in or within 1,000 feet of school, child care center, or park grounds is class E felony punishable by 15 to 31 months imprisonment and a fine to be set by the discretion of the court for the first offense. Delivery of less than 5 grams of marijuana for no compensation is not considered delivery, but still may be prosecuted for possession.

See:

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. §§ 90-95(e)(8), (10) Web Search
Possession in a penal institution

Possession of any amount of marijuana in a penal institution or local confinement facility is a Class H felony punishable by 4 to 8 months imprisonment and a discretionary fine for the first offense.

See:

  • North Carolina Gen Stat. § 15A-1340.17 Web Search
  • North Carolina Gen Stat. § 90-95(e)(9) Web Search
Reimbursement for undercover marijuana purchases

When a person is convicted of a marijuana offense, the court may order him to reimburse the law enforcement agency for money spent in purchasing marijuana as part of an undercover operation.

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Driver’s license forfeiture

Any time an individual is convicted of a felony offense and is given probabtion, they are to have their license forfeited.

See:

  • North Carolina Gen Stat. § 15A-1331A Web Search
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.

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.

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.

Medical CBD
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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

New York Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 25 g (first offense) not classified N/A $ 100
Less than 25 g (second offense) not classified N/A $ 200
Less than 25 g (third offense) not classified 15 days $ 250
25 g – 2 oz misdemeanor 3 mos $ 250
2 – 8 oz misdemeanor 1 year $ 250
8 oz – 1 lb felony 4 years $ 250
1 – 10 lbs felony 7 years $ 250
More than 10 lbs felony 15 years $ 250
In public view misdemeanor 90 days $ 250

Sale

Less than 2 g without profit misdemeanor 3 mos $ 500
Less than 25 g misdemeanor 1 year $ 1,000
25 g – 4 oz felony 4 years $ 5,000
4 oz – 1 lb felony 7 years $ 5,000
More 1 lb felony 15 years $ 15,000
Using a child to assist felony 4 years $ 5,000
To a minor felony 7 years $ 5,000

Trafficking

Any amount felony 15* – 25 years $ 0
* Mandatory minimum sentence

Cultivation

Any amount* misdemeanor 1 year $ 1,000
* Cultivating marijuana is also possessing marijuana under current case law. See penalty details section below.

Hash & Concentrates

Possession of up to 1/4 oz misdemeanor 1 year $ 1,000
Possession of 1/4 – 1 oz felony 7 years $ 5,000
Possession of 1 oz or more felony 15 years $ 15,000
Sale felony 15 years $ 15,000

Paraphernalia

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana misdemeanor 1 year $ 0
Subsequent offense felony 7 years $ 5,000

Civil Asset Forfeiture

Property can be seized if convicted of a felony.

Miscellaneous

Mandatory driver’s license suspension of 6 mos for youthful offenders.

Penalty Details

Marijuana and its synthetic “equivalents” are considered Schedule I hallucinogenic substances under New York Public Health Law. Synthetic equivalents include resinous extracts and derivatives with similar chemical properties.

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Possession for Personal Use

For a first offender, possession of up to 25 grams of marijuana is punishable by a fine of $100. If an additional offense occurs within three years of the first offense, possession of up to 25 grams of marijuana is punishable by a fine of $200. For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment of 15 days or less. Possession of marijuana in excess of 25 grams but less than 2 ounces is a class B misdemeanor and is punishable by no more than 3 months imprisonment. Possession of marijuana in excess of 2 ounces but less than 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Possession of marijuana in excess of 8 ounces but less than 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment. Possession of marijuana in excess of 16 ounces but less than 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment.

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Use or Display of Marijuana

Marijuana open to public view or being burnt in public is a Class B misdemeanor punishable by a fine of $250 with a maximum sentence of 90 days.

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Sale

Exchange without payment of less than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.

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Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment.

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Sale of marijuana in an amount less than 25 grams is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Sale of marijuana in an amount greater than 25 grams but less than 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment. Sale of marijuana in an amount greater than 4 ounces but less than 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment.

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Using a child to assist in the sale of marijuana is a class E felony and is punishable by no more than 4 years of imprisonment. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.

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Trafficking

A person is considered a major trafficker of marijuana if they do one of the following: Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment.

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Cultivation

Growing cannabis is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.

*While technically cultivation of any amount of marijuana is a misdemeanor, a person who cultivates marijuana is also “possessing” marijuana under current case law. Parmeter v. Feinberg affirms the state’s ability to charge a person with the crime of “cultivation” and “possession” any time a person is caught growing marijuana. This means the more marijuana that a person cultivates the more severe the degree of possession that the state can charge.”

Hash & Concentrates

The term ‘Marihuana’ as used in the New York Criminal code is defined as including both plant-form Marihuana and Concentrated Cannabis. Marihuana is listed as a Schedule 1 drug on the New York Controlled Substances Schedule. Concentrated Cannabis is defined as the separated resin of the Cannabis plant, whether purified or raw, or any mixture or preparation containing at least 2.5% THC. Unlike most other states, New York uses the term Tetrahydrocannabinols exclusively to refer to synthetic cannabinoids, not Concentrates. New York does not apply its Marihuana decriminalization law to Concentrated Cannabis. There is no explicit justification for this in the statute, but specific penalties for offenses involving Concentrated Cannabis are separated from those involving plant-form Marihuana and the distinction is noted in caselaw.

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Possession of any amount of Concentrated Cannabis up to one-fourth of an ounce is a class A Misdemeanor, punishable by up to 1 year imprisonment and a fine not to exceed $1000.

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Possession of between one-fourth of an ounce and one ounce of Concentrated Cannabis is a class D Felony, punishable by up to 7 years imprisonment and a fine of no more than $5000.

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Possession of one ounce or more of Concentrated Cannabis is a class C Felony, punishable by up to 15 years imprisonment and a fine of no more than $15,000.

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The presence of any controlled substance in an automobile creates a presumption of knowing possession for all occupants of the vehicle. This principle does not apply if the controlled substance is on the person of one of the passengers and the substance is hidden from the view of other passengers.

The presence of Marihuana (including Concentrated Cannabis) in open view in a room, other than a public place, under circumstances that evince an intent to manufacture, package, or otherwise prepare the Marihuana for sale gives rise to a presumption of knowing possession for all those in close proximity to the Marihuana at the time it is found.

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Sale of any amount of Concentrated Cannabis is a class C Felony subject to no more than 15 years imprisonment and a fine not to exceed $15,000.

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Sale of any amount of Concentrated Cannabis on a school bus, on the grounds of a child day care or educational facility, or in a publically accessible area within 1000 feet of the real property line of such a facility is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.

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Sale of any amount of Concentrated Cannabis by a person 21 years old or more to a person 17 years old or younger is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.

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Paraphernalia

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana is a class A misdemeanor and is punishable by up to 1 year of imprisonment. Any subsequent conviction of possession or sale of paraphernalia is a class D felony and is punishable by up to 7 years imprisonment and a fine of up to $5000.

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Forfeiture

If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).

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Miscellaneous

Mandatory suspension for a period of six months where the holder is convicted of, or receives a youthful offender or other juvenile adjudication in connection with any crime in violation of the Federal Controlled Substances Act.

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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.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

New Mexico Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

1 oz or less (first offense) misdemeanor 15 days $ 100
1 oz or less (second offense) misdemeanor 1 year $ 1,000
1 – 8 oz misdemeanor 1 year $ 1,000
More than 8 oz felony 1.5 years $ 5,000

Distribution

Less than 100 lbs (first offense) felony 1.5 years $ 5,000
Less than 100 lbs (second offense) felony 3 years $ 5,000
More than 100 lbs (first offense) felony 3 years $ 5,000
More than 100 lbs (second offense) felony 9 years $ 10,000
To a minor (first offense) felony 3 years $ 5,000
To a minor (second offense) felony 9 years $ 10,000
Within a drug-free school zone felony 18 years $ 15,000
Includes possession with the intent to distribute
If no payment, exchange of small amount of marijuana is treated as possession only.

Cultivation

Any amount (first offense) felony 9 years $ 10,000
Any amount (second offense) felony 18 years $ 15,000
Within a drug-free school zone felony 18 years $ 15,000

Hash & Concentrates

Possession misdemeanor 1 year $ 1,000
Distributing or possessing with intent to distribute felony 3 years $ 5,000

Paraphernalia

Possession or distribution of paraphernalia misdemeanor 1 year $ 100
Distribution of paraphernalia to a minor felony 1.5 years $ 5,000

Miscellaneous

If a person who is 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked.

Penalty Details

Marijuana is a schedule I(c) hallucinogenic substance under New Mexico’s Controlled Substances Act.

Possession for Personal Use

For first offenders, possession of 1 ounce or less of marijuana is a petty misdemeanor and is punishable by a fine of $50-$100 and/or up to 15 days of imprisonment. For subsequent offenses possession of 1 ounce or less of marijuana is a misdemeanor and is punishable by a fine of $100-$1000 and/or up to 1 year of imprisonment.

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Possession of 1-8 ounces of marijuana is a misdemeanor punishable by a fine of $100-$1000 and imprisonment for up to 1 year. Possession of more than 8 ounces of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000.

Distribution

Distribution of marijuana is treated the same as possessing marijuana with the intent to distribute it.

For first offenders, distribution of less than 100 pounds of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000. Subsequent offenses are punished as a third degree felony and offenders may be imprisoned for 3 years, a fine of $5,000 may also be imposed.

See:

  • New Mexico Stat. Ann. § 30-31-22(A)(1)(a-b) Web Search

For first offenders, distribution of more than 100 pounds of marijuana is third degree felony and is punishable by 3 years of imprisonment and a fine of $5,000. Subsequent offenses are punished as a second degree felony and offenders may be imprisoned for 9 years, a fine of $10,000 may also be imposed.

See:

  • New Mexico Stat. Ann. § 30-31-22(A)(1)(c-d) Web Search

If no payment is given, exchange of a small amount of marijuana is treated as possession only.

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Distribution of marijuana to a minor occurs when a person over the age of 18 distributes marijuana to a person under the age of 18. For first offenders, distribution of marijuana to a minor is a third degree felony and is punishable by 3 years of imprisonment and a fine of $5,000. Subsequent offenses are punishable as a second degree felony and offenders may be imprisoned for 9 years, a fine of $10,000 may also be imposed.

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Distributing marijuana within a drug-free school zone is a first degree felony and is punishable by 18 years of imprisonment and a fine of $15,000. There is an exception if the sale occurs in a private residence that is located in a drug-free school zone.

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Cultivation

For first offenders cultivation of marijuana is a second degree felony and is punishable by 9 years of imprisonment and a fine of $10,000. Subsequent offenses are considered a first degree felony and are punishable by 18 years of imprisonment and a fine of $15,000.

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Cultivating marijuana within a drug-free school zone is a first degree felony and is punishable by 18 years of imprisonment and a fine of $15,000.

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Hash & Concentrates

New Mexico defines hashish as: “the resin extracted from any part of marijuana, whether growing or not, and every compound, manufacture, salt, derivative, mixture or preparation of such resins”. Hashish is a Schedule I controlled substance.

See:

Possessing hashish is a misdemeanor punishable by a fine no less than $500 and no greater than $1,000 and/or a term of imprisonment no greater than 1 year. Possessing hashish within 1,000 feet of non-secondary school is a fourth degree felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 18 months. Drug-free zones do not include private residences, nor vehicles in transit.

See:

  • New Mexico Stat. Ann. § 30-31-23(D),(F) Web Search
  • New Mexico Stat. Ann. § 31-18-15(A),(E) Web Search

Distributing or possessing with intent to distribute hashish is a third degree felony punishable by a fine no greater than $5,000 and a term of imprisonment no greater than 3 years. Subsequent convictions are second degree felonies punishable by a fine no greater than $10,000 and a term of imprisonment no greater than 9 years. Distributing or possessing with intent to distribute hashish within 1,000 feet of a non-secondary school is a second degree felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 9 years. Subsequent convictions are first degree felonies punishable by a fine no greater than $15,000 and/or a term of imprisonment no greater than 18 years.

See:

  • New Mexico Stat. Ann. § 30-31-22(A),(D) Web Search
  • New Mexico Stat. Ann. § 31-18-15(A),(E) Web Search

Any device or equipment used to create or manufacture hashish is considered drug paraphernalia. Possessing any such device or equipment is a misdemeanor punishable by a fine no less than $50 and no greater than $100 and/or a term of imprisonment no greater than 1 year. Manufacturing, distributing, or possessing with intent to distribute any such device is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. Delivering any such device or equipment to a minor more than three years the offender’s junior is a fourth degree felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 18 months.

See:

Paraphernalia

Possession or distribution of marijuana paraphernalia used for the cultivation, distribution, or inhalation/ingestion of marijuana is a misdemeanor and is punishable by a fine of $50-$100 and/or up to 1 year imprisonment.

See:

  • New Mexico Stat. Ann. §30-31-25.1(A-C) Web Search

Distribution of marijuana paraphernalia to a minor occurs when a person over the age of 18 distributes marijuana paraphernalia to a person under the age of 18. This offense is a fourth degree felony and is punishable by a fine of $5,000 and 1.5 years of imprisonment.

See:

  • New Mexico Stat. Ann. §30-31-25.1(D) Web Search

Miscellaneous

In addition to any other penalty, a child 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked.

See:

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

New Jersey Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

50 g or less disorderly person 6 mos $ 1,000
More than 50 g felony 1.5 years $ 25,000
Within 1000 feet of a school adds 100 hours of community service, as well as an additional fine.

Distribution

Less than 1 oz felony 1.5 years $ 25,000
1 oz – 5 lbs felony 3* – 5 years $ 25,000
5 – 25 lbs felony 5* – 10 years $ 150,000
25 lbs or more felony 10* – 20 years $ 300,000
Within 1000 feet of a school or school bus felony 3* – 5 years $ 150,000
Includes possession with the intent to distribute
To minors or pregnant women carries a double term of imprisonment and fine.
* Mandatory minimum sentence

Cultivation

1 oz – 5 lbs (less than 10 plants) felony 3* – 5 years $ 25,000
5 – 25 lbs (10 – 49 plants) felony 5* – 10 years $ 150,000
More than 25 lbs (50 plants or more) felony 10* – 20 years $ 300,000
* Mandatory minimum sentence

Hash & Concentrates

Possession disorderly person 6 mos $ 1,000
Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g crime in the fourth degree 18 mos $ 10,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 g – 1 lb crime in the third degree 5 years $ 15,000
Manufacturing, distributing, dispensing, or possessing with intent of 1 lb – 5 lbs crime in the second degree 10 years $ 150,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more crime in the first degree 20 years $ 200,000

Paraphernalia

Possession or use of paraphernalia disorderly person 6 mos $ 1,000
Sale of paraphernalia felony 3* – 5 years $ 15,000

Miscellaneous

Failure to turn over marijuana to a police officer is a misdemeanor. Being under the influence of marijuana is a misdemeanor. Potential punishment is listed below in Penalty Details.
If under 17 year, driving privileges shall be suspended for 6 mos – 2 years

Penalty Details

See:

  • 24:21-1, et seq. of the New Jersey Criminal Code Web Search

Possession

Possession of 50 grams or less is a “Disorderly Person” offense punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

Possession of more than 50 grams is a felony punishable by a maximum sentence of 18 months imprisonment and a maximum fine of $25,000.

Possession within 1,000 feet of a school adds a sentence of 100 hours of community service to the sentence, as well a variable (depending on quantity) additional fine.

See:

  • Section 2C:5-10(a)(4) of the New Jersey Statutes Annotated Web Search

Distribution or Possession with the Intent to Distribute

Sale or distribution of less than 1 oz. is a felony punishable by a maximum sentence of 18 months imprisonment and a maximum fine of $25,000.

Sale or distribution of 1 oz.- 5 lbs. is a felony punishable by a sentence of 3-5 years imprisonment and a maximum fine of $25,000.

Sale or distribution of 5 lbs.-25 lbs. is a felony punishable by a sentence of 5-10 years imprisonment and a maximum fine of $150,000.

Sale or distribution of 25 lbs. or more is a felony punishable by a sentence of 10-20 years imprisonment and a maximum fine of $300,000.*

*A mandatory minimum sentence (with limited exceptions) shall be imposed.

Sale within 1,000 feet of school property or a school bus is a felony which is punishable by a sentence of 3-5 years imprisonment and a maximum fine of $150,000.

If the violation involves less than 1 oz., a mandatory minimum sentence of either 1/2 or 1/3 of the sentence shall be imposed.

Sale or distribution of less than 1 oz. within 500 feet of certain public property is a felony punishable by 3-5 years imprisonment and a maximum fine of $25,000.

Sale or distribution of more than 1 oz. within 500 feet of certain public property is a felony punishable by 5-10 years imprisonment and a maximum fine of $150,000.

Sale to minors or pregnant women is a felony which carries with a doubling of the term of imprisonment and the fine.

See:

  • Section 2C:35-5 of the New Jersey Statutes Annotated Web Search

Cultivation

Cultivation of 1 oz.-5 lbs. (less than 10 plants) is a felony punishable by a sentence of 3-5 years imprisonment and a maximum fine of $25,000.

Cultivation of 5 lbs.- 25 lbs. (10-49 plants) is a felony punishable by a sentence of 5-10 years imprisonment and a maximum fine of $150,000.

Cultivation of more than 25 lbs. (50 or more plants) is a felony punishable by a sentence of 10-20 years imprisonment and a maximum fine of $300,000.*

* A mandatory minimum sentence shall be imposed.

See:

  • Section 2C:35-5 of the New Jersey Statutes Annotated Web Search

Hash & Concentrates

New Jersey defines hashish as “the resin extracted from any part of the plant Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or preparation of such resin.” Hashish is a Schedule I controlled substance.

See:

  • Section 24:21-2 of the New Jersey Statutes Annotated Web Search
  • Section 24:21-5(e) of the New Jersey Statutes Annotated Web Search

Possessing hashish is a disorderly person offense punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 6 months. Possessing 5 grams or more of hashish is a crime in the fourth degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months.

See:

  • Section 2C:35-10 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-8 of the New Jersey Statutes Annotated Web Search

Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense less than 5 grams of hashish is a crime in the fourth degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months. If the amount of hashish is 5 grams or more but less than 1 pound, the offense is a crime in the third degree punishable by a fine no greater than $15,000 and/or a term of imprisonment no less than 3 years and no greater than 5 years. If the amount of hashish involved was 1 pound or greater but less than 5 pounds, the offense is a crime in the second degree punishable by a fine no greater than $150,000 and/or a term of imprisonment no less than 5 years and no greater than 10 years. If the amount of hashish involved was 5 pounds or greater, the offense is a crime in the first degree punishable by a fine no greater than $200,000 and/or a term of imprisonment no less than 10 years and no greater than 20 years.

See:

  • Section 2C:35-5 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-6 of the New Jersey Statutes Annotated Web Search

Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense hashish within 1,000 feet of a school or school bus stop is a crime in the third degree punishable by a fine no greater than $150,000 and/or a term of imprisonment no less than a mandatory 3 years and no greater than 5 years. Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense hashish within 500 feet of a public housing facility, public park, public library, or public museum is a crime in the second degree punishable by a fine no greater than $150,000 and/or a term of imprisonment no less than 5 years and no greater than 10 years.

See:

  • Section 2C:35-7 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-6 of the New Jersey Statutes Annotated Web Search

Any device or equipment that is used to create hashish is considered drug paraphernalia. Using or possessing with intent to use any such device is a disorderly person offense punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 6 months. Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense any such device or equipment is a crime in the fourth degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months. Advertising the sale of any such device or equipment is a crime in the fourth degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months. Delivering any such equipment by someone over the age of 18 to someone under the age of 18 is a crime in the third degree punishable by a fine no greater than $15,000 and/or a term of imprisonment no less than 3 years and no greater than 5 years.

See:

  • Section 2C:36-1 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-8 of the New Jersey Statutes Annotated Web Search
  • Section 2C:36-3 of the New Jersey Statutes Annotated Web Search
  • Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
  • Section 2C:36-4 of the New Jersey Statutes Annotated Web Search
  • Section 2C:36-5 of the New Jersey Statutes Annotated Web Search

Paraphernalia

Possession or use of paraphernalia is a “Disorderly Persons Offense” punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

Sale of paraphernalia is a felony punishable by a maximum sentence 18 months imprisonment and a maximum fine of $10,000.

Sale of paraphernalia to minors is a felony punishable by a sentence of 3-5 years imprisonment and a maximum sentence of $15,000.

See:

  • Section 2C:36-2 of the New Jersey Statutes Annotated Web Search

Miscellaneous

In NJ, failure to turn over marijuana or hashish to a nearby police officer is a misdemeanor. In addition, being under the influence of marijuana or hashish (whether you are driving a car or not), is also a misdemeanor. These offenses can be punished by:

• Up to six months imprisonment (N.J.S.A. 2C:43-8)
• A fine of up to $1000 (N.J.S.A. 2C:43-3(c))
• Loss of Public Housing (N.J.S.A. 2A:18-61.1)
• Potential Eviction from leased residential premises (N.J.S.A. 2A:18-61.1)
• Loss of driving privileges for not less than six months and up to two years. (2C:35-16)
• Mandatory loss of driving privileges for two years if the marijuana is in a motor vehicle. (N.J.S.A. 39:4-49.1)
• A term of community service (N.J.S.A. 2C:43-2b(5))
• A mandatory $75 Safe Neighborhoods Services assessment (N.J.S.A. 2C:43-3.2)
• A mandatory $50 lab fee (2C:35-20)
• A mandatory $50 Victims of Crime Compensation Board penalty (2C:43-3.1a(2)(a))
• A mandatory $500 Drug Enforcement Demand Reduction penalty (N.J.S.A. 2C:35-15(e))
• A period of probation of up to five years (N.J.S.A. 2C:43-2b(2); State v. Dove, 202 N.J.Super. 540, (Law Div. Jan 29, 1985)

See:

  • Section 2C:35-10(c) of the New Jersey Statutes Annotated Web Search
  • Section 2C:35-10(b) of the New Jersey Statutes Annotated Web Search
Driver’s license suspension

Shall suspend, revoke or postpone the driving privileges for a period not less than six months or more than two years of every person convicted of or adjudicated delinquent for not less than 6 months and no more than two years. If less than 17 years old, the suspension shall not run less than six months or more than two years after they turn 17.

See:

  • 17. 39:5-30.13 of the New Jersey Statutes Annotated Web Search
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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

New Hampshire Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount misdemeanor 1 year $ 2,000

Sale or Possession with Intent to Sell

Less than 1 oz felony 3 years $ 25,000
1 oz – 5 lbs felony 7 years $ 100,000
5 lbs or more felony 20 years $ 300,000
Within 1000 feet of a school zone carries a double sentence and fine.

Hash & Concentrates

Possession of less than 5 g misdemeanor 1 year $ 2,000
Possession of 5 g or more misdemeanor 1 year $ 5,000
Manufacturing, selling, or possessing with intent to sell of less than 5 g felony 3 years $ 25,000
Manufacturing, selling, or possessing with intent to sell of 5 g – 1 lb felony 7 years $ 100,000
Manufacturing, selling, or possessing with intent to sell of 1 lb or more felony 20 years $ 30,000

Paraphernalia

Sale or possession of paraphernalia misdemeanor 1 year $ 2,000

Miscellaneous

Persons under 21 years will face a driver’s license suspension for 90 days – 1 year.
Persons under 18 years will face a driver’s license suspension for 1 – 5 years.

Penalty Details

Possession

Possession of any amount is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See:

  • 318 B:2 of the New Hampshire Criminal Code Web Search
  • 318 B:1 et seq. of the New Hampshire Criminal Code Web Search

Sale

Includes possession with intent to sell.

The sale of less than 1 oz. is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000.

The sale of 1 oz.-5 lbs. is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000.

The sale of 5 lbs. or more is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000.

Sale within 1,000 feet of a school zone is a felony punishable by a doubling of the sentence and the fine.

See:

  • 318 B:2 of the New Hampshire Criminal Code Web Search
  • 318 B:1 et seq. of the New Hampshire Criminal Code Web Search
  • 318-B:26 of the New Hampshire Criminal Code Web Search

Cultivation

Cultivation in New Hampshire will be punished based upon the aggregate weight of the plants found. See the “Possession” and “Sale” sections for further penalty details.

Hash & Concentrates

Possessing hashish or concentrates is a class A misdemeanor punishable by a fine no greater than $2,000 and a term of imprisonment no greater than 1 year. Possessing 5 grams or more of hashish is a misdemeanor punishable by a fine no greater than $5,000 and a term of imprisonment no greater than 1 year.

See:

  • 318-B:26(II) of the New Hampshire Criminal Code Web Search
  • 651:2 of the New Hampshire Criminal Code Web Search

Manufacturing, selling, or possessing with intent to sell or dispense hashish or concentrates is punishable by a fine no greater than $25,000 and/or a term of imprisonment no greater than 3 years. If the amount of hashish or concentrates involved is 5 grams or greater the offense is punishable by a fine no greater than $100,000 and/or a term of imprisonment no greater than 7 years. If the amount of hashish or concentrates involved is greater than 1 pound the offense is punishable by a fine no greater than $30,000 term of imprisonment no greater than 20 years. If any of the offenses occurred with 1,000 feet of a school the fines and terms of imprisonment double.

See:

  • 318-B:26(I) of the New Hampshire Criminal Code Web Search

Any device or equipment used to manufacture hashish or concentrates is considered drug paraphernalia. Manufacturing, or delivering any such device or equipment is a misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See:

  • 318-B1(X-a) of the New Hampshire Criminal Code Web Search
  • 318-B:26(III) of the New Hampshire Criminal Code Web Search

Paraphernalia

The sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See:

  • 318 B:1 et seq. of the New Hampshire Criminal Code Web Search
  • 318 B:2 318 B:1 et seq. of the New Hampshire Criminal Code Web Search
  • 318-B:26 of the New Hampshire Criminal Code Web Search

Miscellaneous

Persons under 21 years of age will face a driver’s license suspension for 90 days- 1 year.

See:

  • 318 B:2 of the New Hampshire Criminal Code Web Search

Any person under 18 years of age who is convicted sale or possession with intent to sell controlled drugs shall be subject to revocation or denial of a driver’s license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

See:

  • 263:56-b of the New Hampshire Criminal Code Web Search
Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Nevada Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

1 oz or less (first offense) misdemeanor N/A $ 600
1 oz or less (second offense) misdemeanor N/A $ 1,000
1 oz or less (third offense) misdemeanor 1 year $ 1,000
1 oz or less (fourth offense) felony 1* – 4 years $ 5,000
Or mandatory assessment or treatment for first and second offense
* Mandatory minimum sentence

With intent to distribute

Any amount felony 1* – 4 years $ 5,000
Following a felony conviction of any drug offense felony 1* – 5 years $ 10,000
If previously convicted of two or more drug felonies felony 3* – 15 years $ 20,000
* Mandatory minimum sentence

Sale or Delivery

Less than 100 lbs (first offense) felony 1* – 6 years $ 20,000
Less than 100 lbs (second offense) felony 2* – 10 years $ 20,000
Less than 100 lbs (third offense) felony 3* – 15 years $ 15,000
100 – 2000 lbs felony 1* – 5 years $ 25,000
2000 – 10,000 lbs felony 2* – 10 years $ 50,000
10,000 lbs or more felony 2* – life $ 200,000
* Mandatory minimum sentence

Cultivation

100 – 2000 lbs felony 1* – 5 years $ 25,000
2000 – 10,000 lbs felony 2* – 10 years $ 50,000
10,000 lbs or more felony 2* – life $ 200,000
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession or use of paraphernalia misdemeanor 6 mos $ 1,000
Sale, delivery, manufacture, or possession with intent felony 1* – 4 years $ 5,000
Sale to a minor who is at least 3 years younger felony 1* – 5 years $ 10,000
* Mandatory minimum sentence

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous (license suspensions, civil damages, etc…)

Knowingly maintaining a structure used for drug offenses felony 1* – 6 years $ 10,000
100 – 2000 lbs civil penalty N/A $ 350,000
2000 – 10,000 lbs civil penalty N/A $ 700,000
10,000 lbs or more civil penalty N/A $ 1,000,000
* Mandatory minimum sentence

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under rule by the Nevada State Board of Pharmacy as authorized by the Nevada Uniform Controlled Substances Act.

See:

Possession for Personal Use

Possession of 1 ounce or less of marijuana is a misdemeanor punishable by a fine up to $600 or mandatory assessment for addiction for the first offense. A second offense is a misdemeanor punishable by up to $1,000 or mandatory treatment. A third offense is a gross misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. A fourth or subsequent offense is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000. The court shall, in most situations, defer imposition of this sentence and have the defendant enter into conditional probation.

See:

Use of marijuana without authorization is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000.

See:

Possession with Intent to Distribute

Possession with intent to distribute any amount of marijuana is a category D felony punishable by a minimum of 1 year to maximum of 4 years imprisonment and a fine up to $5,000. This offense is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and fine up to $10,000 if it follows a felony conviction of any drug offense in any state or at the federal level. A third offense of this type or a conviction of this offense if the defendant has 2 or more felonies for drug offenses in any state or at the federal level is a category B felony punishable by a minimum of 3 years and maximum of 15 years imprisonment and a fine up to $20,000.

See:

Sale/Delivery

Sale or delivery of less than 100 pounds of marijuana is a category B felony punishable by a minimum of 1 and maximum of 6 years imprisonment and fine up to $20,000 for the first offense. A second offense is punishable by a minimum of 2 and maximum of 10 years imprisonment and fine up to $20,000. A third offense is punishable by a minimum of 3 and maximum of 15 years imprisonment and a fine up to $15,000. Sale or delivery of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Sale or delivery of 10,000 pounds or more is a category A felony punishable by up to life imprisonment and a fine up to $200,000.

See:

A second or subsequent offense of selling marijuana to a minor is a category A felony punishable by up to life imprisonment and a fine up to $20,000. The person may additionally be responsible for paying for the costs of the minor’s drug treatment costs.

See:

Cultivation

Cultivation of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Cultivation of 10,000 pounds or more is a category A felony punishable by up to life imprisonment and a fine up to $200,000.

See:

Hash & Concentrates

In Nevada, hashish and marijuana concentrates are punished under the State’s marijuana penalties, with penalty levels based on the weight of the hashish present. See Nevada’s marijuana penalties section above for further details.

See:

Paraphernalia

Possession or use of paraphernalia is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $1,000. Sale, delivery, manufacture, or possession with intent to sell or deliver paraphernalia is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000.

See:

Sale or delivery of paraphernalia to a minor by an individual aged 18 years or older who is at least 3 years older than the minor is a category C felony punishable by minimum of 1 year and maximum of 5 years imprisonment and a fine up to $10,000. The offender may also be ordered to pay restitution to the minor for treatment costs.

See:

Sentencing

The court may suspend proceedings against persons who are charged with first time possession or use offenses after a finding of guilty and instead impose conditional probation which will include either a drug education or treatment program. Upon successful completion of the terms of the probation, the proceedings against the defendant will be dismissed.

See:

First time offenders may be eligible for probation, but probation is generally not allowed for second or subsequent offenses.

See:

Misdemeanor sentences may be replaced in part or whole by community service.

See:

Forfeiture

Vehicles and other property may be seized for controlled substance violations. The state has 60 days after seizure to file a forfeiture proceeding. They must notify all those who have an interest in the property. A person with an interest in the property must file a response within 20 days of service.

See:

Miscellaneous

Knowingly maintaining a structure used for drug offenses

Opening or maintaining a place for the purpose of selling, giving away, or using marijuana is a category B felony punishable by a minimum of 1 year and maximum of 6 years imprisonment and a fine up to $10,000. A second offense of this type or a first offense of this type if the offender had a previous drug-related felony is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $20,000.

See:

Controlled substances homicide

If marijuana proximately causes the death of a person, the person who delivered the marijuana to him may be guilty of murder.

See:

Civil penalties

The state of Nevada is entitled to civil penalties recoverable from certain marijuana offenders. If the amount involved was 100 pounds or more but less than 2,000 pounds, the state is entitled up to $350,000. If the amount was 2,000 pounds or more but less than 10,000 pounds, the state is entitled up to $700,000. If the amount was 10,000 pounds or more, the state is entitled to $1,000,000.

See:

Driver’s license suspension

If a child is adjudicated delinquent for the unlawful act of using, possessing, selling or distributing a controlled substance… the juvenile court shall: (a) if the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years.

See:

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.

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.

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Nebraska Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 1 oz (first offense) infraction N/A $ 300
Less than 1 oz (second offense) misdemeanor 5 days $ 400
Less than 1 oz (third offense) misdemeanor 7 days $ 500
1 oz – l lb misdemeanor 3 mos $ 500
More than l lb felony 5 years $ 10,000

Sale

Any amount felony 1* – 20 years $ 25,000
To a minor felony 3* – 20 years $ 50,000
Within 1000 feet of a school or between 100-1000 feet of other designated areas felony 3* – 50 years $ 50,000
* Mandatory minimum sentence

Hash & Concentrates

Possession felony N/A $ 0
Selling, manufacturing, or possessing with the intent to distribute felony 1 – 20 years $ 25,000

Paraphernalia

Possession of paraphernalia (first offense) infraction N/A $ 100
Possession of paraphernalia (second offense) infraction N/A $ 300
Possession of paraphernalia (third offense) infraction N/A $ 500

Penalty Details

Possession

Possession of less than 1 oz. is an infraction which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course.

A second conviction for possession of 1 oz. or less is a misdemeanor punishable by a maximum sentence of 5 days imprisonment and a maximum fine of $400.

Third and subsequent convictions for possession of 1 oz. or less are a misdemeanor and are punishable by a maximum sentence of 7 days imprisonment and a maximum fine of $500.

Possession of 1 oz.- 1 lb. is a misdemeanor punishable by a maximum sentence of 3 months imprisonment and a maximum fine of $500.

Possession of more than 1 lb. is a felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

See:

  • 28-416 of the Nebraska Revised Statutes Web Search

Sale

The sale of any amount is a felony which is punishable by a 1 year mandatory minimum sentence and up to 20 years imprisonment as well as a maximum fine of $25,000.

The sale to a minor is a felony which is punishable by a 3 year mandatory minimum sentence and up to 20 years imprisonment and a maximum fine of $50,000.

The sale within 1,000 feet of a school or between 100-1,000 ft. of other designated areas is punishable by a mandatory minimum sentence of 3 years and up to 50 years imprisonment and a maximum fine of $50,000.

See:

  • 28-416 of the Nebraska Revised Statutes Web Search

Cultivation

Cultivation in Nebraska will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.

Hash & Concentrates

Hashish and THC Concentrates are individually named Schedule I controlled substances in Nebraska. Possession of hash is a Class IV felony, punishable by . Selling, manufacturing, or possessing with the intent to distribute hashish is a Class III felony, punishable by a minimum sentence of 1 year, a maximum of 20 years imprisonment, and a maximum fine of $25,000.

See:

  • § 28-405(c)(23) of the Nebraska Revised Statutes Web Search
  • § 28-416 of the Nebraska Revised Statutes Web Search
  • § 28-416 of the Nebraska Revised Statutes Web Search

Paraphernalia

Possession of paraphernalia is an infraction which is punishable by a maximum fine of $100.

A second conviction for possession of paraphernalia is punishable by a fine of $200-$300.

Each additional conviction is punishable by a fine of $200-$500.

See:

  • 28-441 of the Nebraska Revised Statutes Web Search
  • 28-439 of the Nebraska Revised Statutes Web Search
  • 28-440 of the Nebraska Revised Statutes Web Search
  • 28-442 of the Nebraska Revised Statutes Web Search
  • 28-444 of the Nebraska Revised Statutes Web Search
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.

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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

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.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Montana Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Less than 60g (first offense) misdemeanor 6 mos $ 500
Less than 60g (second offense) misdemeanor 3 years $ 1,000
More than 60g felony 5 years $ 50,000

With intent to distribute

Any amount felony 20 years $ 50,000

Sale or Delivery

Any amount with or without compensation felony 1 year* – life $ 50,000
From an adult to a minor felony 2 years* $ 50,000
Within 1000 feet of school grounds felony 3 years* – life $ 50,000
* Mandatory minimum sentence

Cultivation

Less than 1 lb or 30 plants felony 10 years $ 50,000
Second or subsequent offense is punishable by twice the term of imprisonment and twice the authorized fine.

Hash & Concentrates

Possession of 1 gram or less misdemeanor 6 mos $ 500
Possession of more than 1 g felony 5 years $ 1,000
Manufacture felony 10 years $ 50,000
Penalties for the sale or possession with the intent to sell hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession, manufacture, or delivery of paraphernalia misdemeanor 6 mos $ 500
To a person under 18 who is at least 3 years younger misdemeanor 1 year $ 1,000

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Use or possession of property subject to criminal forfeiture felony 10 years $ 0
Continuing criminal enterprise results is a felony punishable by double or triple fine and imprisonment.
Possession of marijuana on a train results in additional penalties.
Storing marijuana results in additional fines.
Anyone convicted of a misdemeanor must attend a mandatory drug education course.
Imprisonment for felonies may be eligible for suspended or deferred imposition, which may include commitment to a drug treatment facility, community service, or driver’s license revocations.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Controlled Substances Chapter of the Montana Code Annotated. It is also considered a dangerous drug.

See:

Possession for Personal Use

Possession of 60 grams or less of marijuana is a misdemeanor punishable by up to 6 months imprisonment and a fine of $100 – $500. A second offense is punishable by up to 3 years imprisonment and/or a fine up to $1,000. Possession of more than 60 grams is a felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See:

Possession with Intent to Distribute

Possession of any amount of marijuana with intent to distribute is a felony punishable by up to 20 years imprisonment and/or a fine up to $50,000.

See:

Sale/Delivery

Distribution of any amount of marijuana, with or without compensation, is punishable by a mandatory minimum of 1 year and a maximum sentence of life imprisonment and/or a fine up to $50,000.

See:

Distribution of any amount, with or without compensation, from an adult to a minor is punishable by a mandatory minimum of 2 years imprisonment and/or a fine up to $50,000. Penalties significantly increase for repeat offenses.

See:

Distribution of any amount, with or without compensation, within 1,000 feet of school grounds is a felony punishable by a minimum of 3 years and maximum of life imprisonment and a fine up to $50,000. It is an affirmative defense to this charge if the distribution occurred within the confines of a private residence and no one under the age of 18 was present in the residence.

See:

Cultivation

Cultivation of up to 1 pound or 30 plants of marijuana is a felony punishable by up to 10 years imprisonment and/or a fine up to $50,000. Cultivation of more than 1 pound or 30 plants is a felony punishable by a minimum of 2 years to a maximum of life imprisonment and a fine up to $50,000. A second or subsequent offense for cultivation of marijuana is punishable by twice the term of imprisonment and twice the authorized fine for the first offense.

See:

Hash & Concentrates

Montana lists both Marijuana and Tetrahydrocannabinols in Schedule I of the Montana Controlled Substances Schedule. The statute defines Marijuana as all plant material of the genus Cannabis containing THC. Tetrahydrocannabinols are defined as substances contained in the resinous extractives of Cannabis, not requiring any plant matter be present.

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The penalties for the sale of any amount of Marijuana and Tetrahydrocannabinols are equal.

See:

The penalties for possession of Tetrahydrocannabinols are differentiated by weight:

For the first offense, possession of 1 gram or less of Tetrahydrocannabinol is a misdemeanor punishable by a fine of no less than $100 and no greater than $500, as well as a term of incarceration not to exceed 6 months in a county jail.

For all subsequent offenses, possession of one gram or less of Tetrahydrocannabinol is a misdemeanor, punishable by up to 1 year in a county jail, or a felony punishable by up to 3 years in a state prison, as well as a fine not to exceed $1000.

Possession of any amount of Tetrahydrocannabinol greater than 1 gram is a felony punishable by up to 5 years in a state prison as well as a fine not to exceed $50,000.

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The penalties for possession with intent to distribute any amount of Tetrahydrocannabinol are equal to those for the possession with intent to distribute any amount of Marijuana.

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Distribution of Tetrahydrocannabinol within 1000 feet of the real property of a school, whether public or private, elementary or secondary, is a felony punishable by up to life imprisonment, with a 3 year mandatory minimum and a fine not to exceed $50000.

See:

For the first offense, manufacture of any amount Tetrahydrocannabinol is a felony punishable by up to 10 years imprisonment and a fine not to exceed $50,000. For any offense occurring after a prior conviction for manufacture of a dangerous drug, manufacture of Tetrahydrocannabinol is a felony punishable by up to 20 years in prison and a fine of no less than $100,000.

See:

Paraphernalia

Possession, manufacture, or delivery of paraphernalia is a misdemeanor punishable by up to 6 month imprisonment and/or a fine up to $500. However, if the delivery was from a person aged 18 or older to a person under the age of 18 who is at least 3 years younger, then the offense is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.

See:

  • Montana Code Ann. § 45-10-103 to 105 Web Search

Sentencing

Imprisonment for felonies involving dangerous drugs may be eligible for suspended or deferred imposition. Conditions of this suspension or deferral may include commitment to a drug treatment facility for up to 1 year, up to 2,000 hours community service in a drug education or treatment facility, driver’s license revocations (6 months for first offense, 1 year for a second offense, and 3 years for a third or subsequent offense), among others.

See:

Those convicted of a first-time possession of 60 grams or less offense are presumed to be eligible for deferred imposition of a sentence of imprisonment. For suspended or deferred sentencing of a first time possession offense of under 60 grams, the minimum fine of $100 must be imposed as a condition.

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Forfeiture

Vehicles and other property may be seized for controlled substance violations. However, a vehicle may not be seized if it was used or intended for use for transported 60 grams of marijuana or less. Within 45 days of seizure of the property, the seizing agency must file a forfeiture proceeding. The court will then issue a summons and notice to all those with interest in the property. Those with an interest must file an answer within 20 days after the service of the summons, or the property is forfeited to the state.

See:

Miscellaneous

Use or possession of property subject to criminal forfeiture

Use or possession of property that one knows is subject to criminal forfeiture for involvement with drug offenses is a felony punishable by up to 10 years imprisonment.

See:

Continuing criminal enterprise

Any person who commits a felony under the Controlled Substances Chapter which was part of a series of 2 or more violations on separate occasions, included 5 people or more, and from which substantial income was made is guilty of a felony punishable by twice the term of imprisonment and fine authorized for the underlying offense. A second or subsequent violation of this offense results in triple the penalties authorized for the underlying offense.

See:

Carrying dangerous drugs on a train

Possession of marijuana on a train is an offense that is punishable by the same penalties of and in addition to the possession itself.

See:

Mandatory fine for possession and storage of dangerous drugs

Every person found to have possessed or stored marijuana shall be fined, in addition to other fines, an amount which is 35% of the market value of the marijuana.

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Mandatory drug education course

Anyone who is convicted of drug offense characterized as a misdemeanor must attend a dangerous drug information course.

See:

Suspended or deferred imposition

Imprisonment for felonies involving dangerous drugs may be eligible for suspended or deferred imposition. Conditions of this suspension or deferral may include commitment to a drug treatment facility for up to 1 year, up to 2,000 hours community service in a drug education or treatment facility, driver’s license revocations (6 months for first offense, 1 year for a second offense, and 3 years for a third or subsequent offense), among others.

See:

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Missouri Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 35 g misdemeanor 1 year $ 1,000
35 g – 30 kg felony 1 year $ 5,000
30 – 100 kg felony 5 – 15 years $ 20,000
More than 100 kg felony 10 years – life $ 20,000
Possession of more than 100 kilograms is considered trafficking.

Sale, Trafficking, or Distribution

Less than 5 g felony 7 years $ 5,000
5 g – 30 kg felony 5 – 15 years $ 20,000
30 – 100 kg felony 10 years – life $ 20,000
More than 100 kg felony 10 years – life* $ 20,000
Within 2000 feet of a school or 1000 feet of public housing N/A 10 years – life $ 20,000
* No probation or parole

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 1,000
Sale of paraphernalia felony 5 years $ 5,000

Miscellaneous (license suspensions, civil damages, etc…)

Possession or use of marijuana results in a driver’s license suspension if under the age of 21.

Penalty Details

Possession

Possession of less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

Possession of 35 grams- 30 kilograms is a Class C felony which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000.

Possession of 30-100 kilograms is considered trafficking and is a Class B felony punishable by a sentence of 5-15 years and a fine of $5,000-$20,000.

Possession of more than 100 kilograms is considered trafficking and is a Class A felony punishable by 10 years-life imprisonment and fine of $5,000-$20,000.

See:

  • Section 195.202.1 of the Missouri Criminal Code Web Search
  • Section 195.222 of the Missouri Criminal Code Web Search
  • Section 195.223 of the Missouri Criminal Code Web Search

Sale, Trafficking, or Distribution

The sale or manufacture of 5 grams or less is a Class C felony which is punishable by up to 7 years imprisonment and a maximum fine of $5,000.

The sale or manufacture of 5 grams-30 kilograms is a Class B felony which is punishable by a sentence of 5-15 years imprisonment and a fine of $5,000-$20,000.

The sale of 30-100 kilograms is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000.

The sale of 100 kilograms or more is a Class A felony which is punishable by a sentence of 10 years-life imprisonment with no probation or parole and a fine of $5,000-$20,000.

Sale within 2,000 feet of a school or 1,000 feet of public housing is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000.

See:

  • Section 195.211 of the Missouri Criminal Code Web Search
  • Section 195.212 of the Missouri Criminal Code Web Search
  • Section 195.222 of the Missouri Criminal Code Web Search
  • Section 195.223 of the Missouri Criminal Code Web Search

Cultivation

Cultivation in Missouri will be punished based upon the aggregate weight of the plants found. See the “Possession” and “Sale, Trafficking, or Distribution” sections for further penalty details.

Hash & Concentrates

The penalties for hashish and concentrates are exactly the same as for marijuana in Missouri.

See:

  • Section 195.010(24) of the Missouri Criminal Code Web Search
  • State v. Randall, 540 S.W.2d 156, 159 Web Search
  • State v. Evans, 637 S.W.2d 62 (Mo App. 1982) Web Search

(Mo.App.1976) (“Although ‘hashish’ is not specifically listed in the schedules, it is clearly included within the statutory definition of marihuana.”)

Paraphernalia

The possession of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of paraphernalia is a felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

See:

  • Section 195.233 of the Missouri Criminal Code Web Search
  • Section 195.235 of the Missouri Criminal Code Web Search

Miscellaneous

Possession or use of marijuana results in a driver’s license suspension if the offender is under the age of 21 at the time the offense was committed.

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.

Medical CBD

Mississippi Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

30 g or less (first offense) not classified N/A $ 250
30 g or less (second offense) not classified 5* – 60 days $ 250
30 g or less (third offense) not classified 5 days* – 6 mos $ 500
30 – 250 g felony 3 years $ 3,000
250 – 500 g felony 2* – 8 years $ 50,000
500 g – 5 kg felony 6* – 24 years $ 500,000
5 kg or more felony 10* – 30 years $ 1,000,000
In any part of a vehicle besides the trunk misdemeanor 90 days $ 1,000
* Mandatory minimum sentence

Sale

Less than 1 oz felony 3 years $ 3,000
1 oz – 1 kg felony 20 years $ 30,000
1 kg – 10 lbs felony 30 years $ 1,000,000
More than 10 lbs felony life $ 1,000,000
To a minor or within 1500 feet of a school, church, or other designated area is a felony that carries double incarceration period and fines.

Hash & Concentrates

Possession of .1 g or less misdemeanor or felony 1 – 4 years $ 10,000
Possession of .1 g – 2 g felony 2* – 8 years $ 50,000
Possession of 2 g – 10 g felony 4* – 16 years $ 250,000
Possession of 10 g – 30 g felony 6* – 24 years $ 500,000
Possession of more than 30 g felony 10* – 30 years $ 1,000,000
Sale, barter, manufacture, transfer, or distribution N/A 30 years $ 1,000,000
Trafficking N/A 30 years* $ 1,000,000
*Mandatory Minimum Sentence

Paraphernalia

Possession of paraphernalia misdemeanor 6 mos $ 500

Miscellaneous (license suspensions, civil damages, etc…)

Any conviction will result in a 6 month driver’s license suspension.
Subsequent convictions will result in double penalties.

Penalty Details

See:

Possession

A first offense for possession of 30 grams or less is punishable by a fine of $100-$250.

A subsequent conviction will result in 5-60 days imprisonment and a fine of up to $250.

A third conviction will result in 5 days-6 months imprisonment as well as a maximum fine of $500.

Possession of between 30-250 grams is a felony punishable by a maximum of 3 years imprisonment and a maximum fine of $3,000.

Possession of between 250-500 grams is a felony punishable by 2-8 years imprisonment and a maximum fine of $50,000.

Possession of between 500 grams-5 kilograms is a felony punishable by 6-24 years imprisonment and a maximum fine of $500,000.

Possession of 5 kilograms or more is a felony punishable by 10-30 years imprisonment as well as a maximum fine of $1,000,000.

When marijuana is discovered in any part of one’s vehicle besides the trunk, this is considered a misdemeanor and there is an additional penalty of a maximum of 90 days imprisonment and a maximum fine of $1000.

See:

Sale

The sale of less than 1 oz. is a felony punishable by up to 3 years imprisonment and a maximum fine of $3,000.

The sale of 1 oz.-1 kilogram is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $30,000.

The sale of 1 kilogram-10 lbs. is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.

The sale of more than 10 lbs. is a felony punishable by a maximum sentence of life imprisonment without the chance of parole.

The sale to a minor or within 1,500 feet of a school, church, or other designated area is a felony that carries with it a doubling of the incarceration period and the fine.

See :

Cultivation

Cultivation in Mississippi will be punished based upon the aggregate weight of the plants found. See the “Possession” and “Sale, Trafficking, or Distribution” sections for further penalty details.

Hash & Concentrates

The Mississippi Code defines Marihuana as being any part of the Cannabis plant and any derivative, mixture, or preparation of the plant, except for Hashish. Hashish is defined separately as the resin extracted from the Cannabis plant and any preparation, derivative, or mixture of that resin. Schedule 1 of the Mississippi Code lists Marihuana, Hashish, and Tetrahydrocannabinols all separately. Tetrahydrocannabinols are defined as the active Tetrahydrocannabinols, or their synthetic equivalents, that are not contained in either a preparation of the Marihuana plant, or Hashish resin.

See:

The sale, barter, manufacture, transfer, or distribution of Hashish, or possession of Hashish with intent to take any of the above actions is subject to up to 30 years imprisonment and a fine of no more than $1,000,000 and no less than $5000.

See:

  • Mississippi Code § 41-29-139(a)-(b). Web Search

Trafficking is defined as engaging in the sale, barter, manufacture, transfer or distribution of a controlled substance, or possession with intent to engage in any of the above offenses, three times in any consecutive 12-month period, with at least two of the offenses occurring in different counties. Trafficking in Hashish is subject to a mandatory minimum penalty of 30 years imprisonment without the possibility of parole or a reduction in the sentence. It is also subject to a fine no less than $5000 and no more than $1,000,000.

See:

Penalties for possession of Hashish are differentiated by weight:

Possession of .1g or less of Hashish may be prosecuted either as a felony or misdemeanor. If prosecuted as a misdemeanor, it is subject to imprisonment for no more than 1 year and a fine of no more than $1000. If prosecuted as a felony, it is subject to no more than 4 years imprisonment, with a 1 year mandatory minimum, and a fine of no more than $10,000.

Possession of between .1g and 2g of Hashish is a felony subject to no more than 8 years imprisonment, with a 2 year mandatory minimum, and a fine no greater than $50,000.

Possession of between 2g and 10g of Hashish is a felony subject to no more than 16 years imprisonment, with a 4 year mandatory minimum, and a fine no greater than $250,000.

Possession of between 10g and 30g of Hashish is a felony subject to no more than 24 years imprisonment, with a 6 year mandatory minimum, and a fine of no more than $500,000.

Possession of more than 30g of Hashish is a felony subject to no more than 30 years imprisonment, with a 10 year mandatory minimum, and a fine of no more than $1,000,000.

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Sale or distribution of Hashish by a person over 21 years old to a person under 21 years old doubles the maximum allowable period of incarceration for that offense. The fine for the offense does not change.

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Sale, barter, distribution, transfer, or manufacture of Hashish or possession with intent to commit any of the above offenses within 1500 feet of a school building or other designated place or within 1000 feet of the property a school building or other designated place resides on doubles the maximum allowable period of incarceration for that offense. The fine for the offense can also be doubled in this situation. A subsequent conviction under this statute will lead to the imposition of the maximum allowable fine and incarceration period.

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The maximum period of incarceration and maximum fine for any crime under this section may be doubled for any person who, at the time of their conviction, has a prior conviction for any similar drug crime.

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The use of a gun in the commission of any drug crime or possession of a gun at the time of arrest for a drug crime doubles both the maximum allowable period of incarceration and the maximum fine for any given offense.

See:

Paraphernalia

Possession of paraphernalia is a misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $500.

See:

Miscellaneous

Any conviction will result in a 6 month driver’s license suspension.

See:

Subsequent convictions will result in a doubling of the first offense’s penalties.

See:

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.

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.

Medical CBD

Minnesota Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 42.5 g* misdmeanor N/A $ 200
42.5 g – 10 kg felony 5 years $ 5,000
10 – 50 kg felony 20 years $ 250,000
50 – 100 kg felony 25 years $ 500,000
More than 100 kg felony 30 years $ 1,000,000
More than 1.4 grams inside one’s vehicle (except the trunk) misdemeanor 90 days $ 1,000
* A conditional discharge is possible for first time offenders.
* There is a possible drug education course requirement.

Sale

Less than 42.5 g* without remuneration misdmeanor N/A $ 200
42.5 g – 5 kg felony 5 years $ 10,000
5 – 25 kg felony 20 years $ 250,000
25 – 50 kg felony 25 years $ 500,000
More than 50 kg felony 30 years $ 1,000,000
Importing 50 kilograms or more felony 35 years $ 1,250,000
To a minor felony 20 years $ 250,000
Within a school zone or other specified areas felony 15 years $ 100,000
More than 25 kg in a school zone felony 30 years $ 1,000,000
* There is a possible drug education course requirement.

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Paraphernalia

Possession of paraphernalia misdemeanor N/A $ 300

Miscellaneous

Conviction for possession or sale while driving may result in a 30 day driver’s license suspension.

Penalty Details

Possession for Personal Use

Possession of 42.5 grams or less is a misdmeanor punishable by a maximum fine of $200.*

* A conditional discharge is possible for first time offenders.
* There is a possible drug education course requirement.

Possession of 42.5 grams- 10 kilograms is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of 10- 50 kilograms is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.

Possession of 50-100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000.

Possession of more than 100 kilograms is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.

Possession of more than 1.4 grams inside one’s vehicle (except the trunk) is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $1,000.

See:

  • Section 152.021 of the Minnesota Statutes Web Search
  • Section 152.022 of the Minnesota Statute Web Search
  • Section 152.023 of the Minnesota Statute Web Search
  • Section 152.024 of the Minnesota Statute Web Search
  • Section 152.025 of the Minnesota Statute Web Search
  • Section 152.027 of the Minnesota Statute Web Search

Sale

The distribution of 42.5 grams or less without remuneration is a misdemeanor punishable by a maximum fine of $200.*

* There is a possible drug education course requirement.

The sale of less than 5 kilograms is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

The sale of 5-25 kilograms is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.

The sale of 25-50 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000.

The sale of more than 50 kilograms is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.

Importing 50 kilograms or more into the state is a felony punishable by a maximum sentence of 35 years imprisonment and a maximum fine of $1,250,000.

Sale to a minor is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.

Distribution within a school zone or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $100,000.

See:

  • Section 152.021 of the Minnesota Statutes Web Search
  • Section 152.022 of the Minnesota Statute Web Search
  • Section 152.023 of the Minnesota Statute Web Search
  • Section 152.024 of the Minnesota Statute Web Search
  • Section 152.025 of the Minnesota Statute Web Search
  • Section 152.027 of the Minnesota Statute Web Search

Cultivation

Cultivation in Minnesota will be punished based upon the aggregate weight of the plants found. See the “Possession for Personal Use” section for further penalty details.

Hash & Concentrates

The Minnesota statute lists Marijuana and Tetrahydrocannabinol separately in Schedule 1 of the Minnesota controlled substances schedule. Tetrahydrocannabinols are defined as any mixture, compound, or preparation that contains the active THC component of the Cannabis plant or its resinous extractives. Case law refers to Hashish as the resinous form of Marijuana and generally holds that Marijuana and Hashish should be treated equally under the law.

The punishments enumerated in the statutes are equal for Marijuana and Tetrahydrocannabinols in all but one instance. The only difference is the decreased penalties for the possession of, or distribution without remuneration of, a small amount of plant-form Marijuana. This provision does not include Tetrahydrocannabinols. The statute specifically excludes the “resinous form” of Marijuana from inclusion in the definition.

Possession, distribution without remuneration, or sale of less than 5kg of Tetrahydrocannabinols is therefore subject to a term of incarceration not to exceed 5 years, and a fine not to exceed $10,000. For any of the above crimes, if a person has previously been convicted of a drug crime, the maximum period of incarceration and the maximum fine both double, and a mandatory minimum of 6 months imprisonment is imposed.

See:

  • § 152.02 of the Minnesota Statutes Web Search
  • § 152.01 of the Minnesota Statutes Web Search
  • § 152.027 of the Minnesota Statutes Web Search
  • § 152.025 of the Minnesota Statutes Web Search
  • Soutor v. State, 342 N.W.2d 175 (Ct. App. Min. 1984) Web Search

Paraphernalia

Possession of paraphernalia is a misdemeanor punishable by a maximum fine of $300.

See:

  • Section 152.092 of the Minnesota Statutes Web Search

Miscellaneous

When a person is convicted of possession or sale of marijuana, the sentencing court shall determine whether the person unlawfully sold or possessed the controlled substance while driving a motor vehicle. If so, the court shall notify the commissioner of public safety of its determination and order the commissioner to revoke the person’s driver’s license for 30 days.

See:

  • Section 152.0271 of the Minnesota Statutes Web Search
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.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Michigan Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount misdemeanor 1 year $ 2,000
In a park misdemeanor or felony 2 years $ 2,000
Use of marijuana misdemeanor 90 days $ 100

Sale

Sale without remuneration misdemeanor 1 year $ 1,000
Less than 5 kg felony 4 years $ 20,000
5 – 45 kg felony 7 years $ 500,000
45 kg or more felony 15 years $ 10,000,000

Cultivation

Less than 20 plants felony 4 years $ 20,000
20 – 200 plants felony 7 years $ 500,000
200 plants or more felony 15 years $ 10,000,000

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Sale of paraphernalia misdemeanor 90 days $ 5,000

Miscellaneous (license suspensions, civil damages, etc…)

In Ann Arbor N/A N/A $ 100
Any conviction will result in a driver’s license suspension for 6 months.

Penalty Details

Possession

Possession of any amount is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. A conditional discharge is possible.

Use of marijuana is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $100.

Possession in a park is either a felony or a misdemeanor, based on the judge’s discretion, and is punishable by a maximum of 2 years imprisonment and a maximum fine of $2,000.

See:

Sale

Sale without remuneration is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of less than 5 kg is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The sale of 5 kg-45 kg is a felony which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The sale of 45 kg or more is a felony which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

See:

Cultivation

The cultivation of fewer than 20 plants is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The cultivation of 20-200 plants is a felony which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The cultivation of more than 200 plants is a felony which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

See:

Hash & Concentrates

In Michigan, marijuana and hashish are punished in the same manner. The statutory definition of “marihuana” includes “all parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.” Hashish, hashish oil, and extracts clearly fall under this definition. Please see the marijuana penalties section for further details on Michigan’s criminal sanction on cannabis.

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Paraphernalia

The sale of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $5,000. Bongs, dugouts, and pipes are exempted from the definition of paraphernalia, however.”

See:

  • Michigan Code § 333.7453(1) Web Search
  • Gauthier v. Alpena County Prosecutor, 267 Mich.App. 167, 703 N.W.2d 818 (MI Ct. App. 2005) Web Search

Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.

See:

Ann Arbor

In Ann Arbor, the penalty for being caught with marijuana is a $25 fine for the first offense, $50 for the second, and $100 for the third offense. Marijuana is not decriminalized on the University of Michigan’s campus.

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Massachusetts Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

1 oz or less civil offense N/A $ 100
More than 1 oz (first offense) misdemeanor 6 mos $ 500
More than 1 oz (subsequent offense) misdemeanor 2 years $ 2,000

With intent to distribute

Less than 50 lbs (first offense) not classified 0 – 2 years $ 5,000
Less than 50 lbs (subsequent offense) not classified 1 – 2.5 years $ 10,000
50 – 99 lbs felony 1* – 15 years $ 10,000
100-1999 lbs felony 3* – 15 years $ 25,000
2000-9999 lbs felony 5* – 15 years $ 50,000
More than 10,000 lbs felony 10* – 15 years $ 50,000
Within 1000 feet of an elementary or secondary school, or within 100 feet of a public park felony 2* – 15 years $ 10,000
Causing or inducing someone under 18 years to commit offenses felony 5* – 15 years $ 100,000
* Mandatory minimum sentence

Distribution or Cultivation

Less than 50 lbs (first offense) not classified 0 – 2 years $ 5,000
Less than 50 lbs (subsequent offense) not classified 1 – 2.5 years $ 10,000
50 – 99 lbs felony 1* – 15 years $ 10,000
100-1999 lbs felony 3* – 15 years $ 25,000
2000-9999 lbs felony 5* – 15 years $ 50,000
More than 10,000 lbs felony 10* – 15 years $ 200,000
Within 1000 feet of an elementary or secondary school, or within 100 feet of a public park felony 2* – 15 years $ 10,000
Causing or inducing someone under 18 years to commit offenses felony 5* – 15 years $ 100,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of 1 oz or less civil penalty N/A $ 100
Possession of more than 1 oz N/A 1 year $ 1,000
Manufacture or distribution N/A 2.5 – 5 years $ 5,000
Manufacture or distribution to a minor N/A 2.5 – 15 years $ 25,000
Using a minor to manufacture or distribute N/A 5* – 15 years $ 100,000
* Mandatory minimum sentence

Paraphernalia

Selling, possessing, or purchasing paraphernalia not classified 1 – 2 years $ 5,000
Selling to someone under 18 years of age felony 3 – 5 years $ 5,000

Forfeiture

Marijuana, vehicles, and money are subject to forfeiture.

Miscellaneous

Conspiracy to commit any marijuana related offense is punishable by up to the maximum punishment.
Possession of 1 oz or less cannot result in the suspension of driving privileges.

Penalty Details

Marijuana is a class D controlled substance under the Massachusett’s Controlled Substances Act.

Possession for Personal Use

Possession of 1 ounce or less of marijuana is decriminalized and is punishable as a civil offense. If the offender is over the age of 18 they must pay a fine of $100. Offenders under the age of 18 must pay a $100 fine and must attend a drug awareness program. Possession of less than an ounce of marijuana cannot result in denial of public financial assistance or the right to a driver’s license.

See:

Possession of more than one ounce of marijuana is punishable by a fine of $500 and/or imprisonment of up to 6 months. However, first offenders of the controlled substances act will be placed on probation and all official records relating to the conviction will be sealed upon successful completion of probation. Subsequent offenses may result in a fine of $2000 and/or imprisonment of up to 2 years. Individuals previously convicted of felonies under the controlled substances act who are arrested with over an ounce of marijuana may be subject to a fine of $2000 and/or up to 2 years of imprisonment.

See:

Possession with Intent to Distribute

For first offenders, possessing less than 50 pounds of marijuana with the intent to manufacture, distribute, dispense or cultivate is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment of 1-2.5 years.

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Possessing 50-99 pounds of marijuana with intent to distribute is a felony punishable by a fine of $500-$10000 and imprisonment for 2.5-15 years. There is a mandatory minimum sentence of 1 year for this offense.

Possessing 100-1,999 pounds if marijuana with intent to distribute is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 3-15 years. There is a mandatory minimum term of three years imprisonment.

Possessing 2,000-9,999 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000.

Possessing more than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000 and imprisonment of 10-15 years. There is a mandatory minimum term of 10 years of imprisonment for this offense.

See:

If any of the above offenses are committed within 1,000 feet of an elementary or secondary school or within 100 feet of a public park that offense is punishable by a fine of $1,000-$10,000 and imprisonment for 2.5-15 years. This offense has a mandatory minimum term of 2 years of imprisonment.

See:

Causing or inducing someone under 18 to commit any of the above offenses is punishable by a fine of $1,000-$100,000 and imprisonment for 5-15 years. This offense has a mandatory minimum term of 5 years of imprisonment.

See:

Distribution or Cultivation

For first offenders, selling or cultivating less than 50 pounds of marijuana is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment for 1-2.5 years.

See:

Selling or cultivating 50-99 pounds of marijuana is a felony punishable by a fine of $500-$10000 and imprisonment for 2.5-15 years. There is a mandatory minimum term of 1 year for this offense.

Selling or cultivating 100-1,999 pounds of marijuana is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 3-15 years. There is a mandatory minimum term of three years imprisonment.

Selling or cultivating 2,000-9,999 pounds of marijuana with is a felony punishable by a fine of $5,000-$50,000 and is punishable by imprisonment for 5-15 years.

Selling or cultivating more than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $20,000-$200,000 and imprisonment for 10-15 years. There is a mandatory minimum sentence of 10 years for this offense.

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If any of these offenses are committed within 1,000 feet of an elementary or secondary school or within 100 feet of a public park that offense is punishable by a fine of $1,000-$10,000 and imprisonment for 2.5-15 years. This offense has a mandatory minimum term of 2 years imprisonment.

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Causing or inducing someone under 18 to commit any of the above offenses is punishable by a fine of $1,000-$100,000 and imprisonment for 5-15 years. This offense has a mandatory minimum term of 5 years of imprisonment.

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Hash & Concentrates

Massachusetts statute defines Marihuana as including the resin extracted from the Cannabis plant and any derivatives or compounds thereof. The statute also defines Tetrahydrocannabinol separately as any compound that contains Tetrahydrocannabinol that is not itself Marihuana. The Massachusetts Controlled Substances Schedule classifies Marihuana as a Class D drug whereas Tetrahydrocannabinol as a Class C drug. Case law indicates that Hashish and Concentrates are meant to be prosecuted as Tetrahydrocannabinol, using the penalties for Class C drugs.

See:

  • Mass. Gen. Laws. ch. 94C, §1 Web Search
  • Mass. Gen. Laws. ch. 94C, §31 Web Search
  • Commonwealth v. Weeks, 431 N.E.2d 586 (Mass. App. Ct. 1982). Web Search

The Massachusetts decriminalization law explicitly reduced penalties for the possession of less than one ounce of either Tetrahydrocannabinols or Marijuana, though it does not modify any other penalties relating to Hashish.

Possession of one ounce or less of hashish is subject to only a civil penalty of no more than $100 and completion of a drug education program if the offender is under 18.

See:

Possession of any amount of Hashish greater than one ounce is subject to no more than one year’s imprisonment and a fine of no greater than $1000. Diversionary probation is available for first time offenders.

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Manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense Hashish is punishable by up to five years imprisonment in a state prison or two and one half years in a jail or house of correction, as well as a fine of up to $5000.

Engaging in any of the above conduct when one has at least one prior conviction for a similar drug crime is punishable by up to ten years in a state prison or two and one half years in a jail or house of correction, as well as a fine of up to $10000. This crime is subject to a mandatory minimum of two years imprisonment.

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The manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense Hashish to a minor under eighteen years is punishable by up to fifteen years imprisonment in a state prison or two and one half years in a jail or house of correction, as well as a fine of up to $25000. There is a mandatory minimum sentence of two years imprisonment.

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If a police officer finds a child under seventeen years old in a place where Hashish, or what the officer reasonable believes is Hashish, is present, the police officer may lawfully take the child into protective custody for a period not to exceed four hours.

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Using or inducing a minor to manufacture, dispense, distribute, or possess with intent to manufacture, dispense, or distribute Hashish is punishable by up to fifteen years imprisonment in the state prison and a fine of no more than $100,000. This offense carries a mandatory minimum sentence of five years.

See:

Paraphernalia

Selling, possessing, or purchasing devices used in the cultivation or smoking/ingestion of marijuana is punishably by a fine of $500-$5,000 and/or 1-2 years of imprisonment.

See:

Selling marijuana paraphernalia to someone under 18 years of age is a felony and is punishable by a fine of $1,000-$5,000 and/or 3-5 years of imprisonment.

See:

Forfeiture

All marijuana is subject to forfeiture, even in amounts under an ounce which is decriminalized in the state.

See:

  • Mass. Gen. Laws. ch. 94C, § 47(a)(1) Web Search

Vehicles are subject to forfeiture if they are used to distribute marijuana or possess marijuana that a person intends to distribute.

See:

  • Mass. Gen. Laws. ch. 94C, § 47(a)(3) Web Search

All money or proceeds that can be traced to a sale of marijuana are subject to forfeiture.

See:

  • Mass. Gen. Laws. ch. 94C, § 47(a)(5) Web Search

Miscellaneous

Conspiracy

Conspiring with another person to commit any marijuana related offense is punishable by up to the maximum punishment for the crime which was the object of the conspiracy.

See:

Driving Under the Influence

Failure to pass a sobriety test can result in a fine and/or imprisonment. Massachusetts does not test for THC in blood,urine, or hair when deciding if an individual has been driving while intoxicated.

Driver’s License Suspension

Simple possession of one ounce or less of pot cannot result in the suspension of driving privileges.

See:

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.

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.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Maryland Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

10 g or less misdemeanor 90 days $ 500
10g – 50 lbs misdemeanor 1 year $ 1,000

With intent to distribute

Less than 50 lbs felony 5 years $ 15,000
More than 50 lbs felony 5 years* $ 15,000
More than 50 lbs (drug kingpin) felony 20 – 40 years $ 1,000,000
In a school vehicle, or in, on, or within 1000 feet of an elementary or secondary school felony 2 – 5 years $ 40,000
Involving a minor felony 20 years $ 20,000
* Subsequent offense carries a mandatory minimum sentence of 2 years.

Trafficking

5 – 45 kgs felony 10 years $ 10,000
More than 45 kgs felony 25 years $ 50,000
In possession of a firearm while trafficking felony 5* – 20 years $ 0
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 1,000
Selling paraphernalia misdemeanor 2 years $ 2,000
To a minor who is at least 3 years younger misdemeanor 8 years $ 15,000
Advertising the distribution of paraphernalia misdemeanor 2 years $ 2,000
Paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana.

Penalty Details

Possession for Personal Use

Simple possession (possession without the intent to distribute) of 10 grams or less in Maryland is a misdemeanor with a punishment of 90 days in jail and a maximun fine of $500.

Possession of between 10 grams and 50 lbs. of marijuana is a misdemeanor with a punishment of up to one year imprisonment and a fine not exceeding $1,000.

See:

Possession With Intent to Distribute

Possession with intent to distribute of less than 50 lbs. of marijuana in Maryland is a felony with a punishment of up to 5 years imprisonment and a fine not exceeding $15,000.

See:

If a person is found to be in possession of more than 50 lbs. of marijuana (acts in proceeding 90 days can be aggregated), then the punishment for this felony is imprisonment of NOT LESS than 5 years.

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Possessing marijuana with the intent to distribute in a school vehicle, or in, on, or within 1,000 feet of real property owned by or leased to an elementary school or secondary school, is a felony and is punishable by, for a first violation, imprisonment not exceeding 20 years and a fine not exceeding $20,000, and for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years and a fine not exceeding $40,000. These penalties are in addition to any other conviction.

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If an offender has previously been convicted of possession with intent to distribute, then there is a mandatory minimum sentence of 2 years.

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If an individual is found to be a “drug kingpin” (an organizer, supervisor, financier, or manager who acts as a co-conspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance), and dealt with more than 50 lbs. of marijuana, then they are guilty of a felony and subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole and a fine not exceeding $1,000,000.

See:

  • MD. CODE ANN. §5-613. (Does not merge. §5-613(d).) Web Search

If an adult uses or solicits a minor in a conspiracy to distribute, deliver or manufacture marijuana, then the adult is guilty of a felony and is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000.

See:

Cultivation

Cultivation in Maryland is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the Possession for Personal Use” and “Possession with Intent to Distribute” sections for further penalty details.

Trafficking

If a person brings more than 45 kgs. of marijuana into the state of MD, then they are guilty of a felony and are subject to imprisonment not exceeding 25 years and a fine not exceeding $50,000.

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If a person brings less than 45 kgs. of marijuana into the state, but more than 5 kgs., then said person is guilty of a felony and subject to imprisonment not exceeding 10 years and a fine not exceeding $10,000.

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If a person is in possession of a firearm at the time they are arrested for trafficking marijuana into MD, then said person is guilty of a felony and may be punished with, for a first violation, imprisonment for not less than 5 years and not exceeding 20 years, and for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years.

See:

Hash & Concentrates

In Maryland, hashish and marijuana concentrates are punished at the same level as plant-form marijuana, and are Schedule I controlled hallucinogenic substances. See the Maryland marijuana penalty section for further details.

See:

  • MD. CODE ANN. §5-101(q) Web Search
  • MD. CODE ANN. §5-402(d)(vii) Web Search
  • MD. CODE ANN. §5-402(d)(xii) Web Search
  • Hignut v. State, 17 Md.App. 399 (Md. Spec. App. 1973) Web Search
  • Ertwine v. State, 18 Md.App. 619, 308 A.2d 414 (Md. Spec. App. 1973) Web Search

Paraphernalia

Under MD law, paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana. This includes all agricultural materials used in the growing process, including electronic equipment and typical gardening supplies, such as lights, fertilizer, and top soil. §5-101 also includes under its definition items such as scales, plastic bags, and others used in the distribution process. Hash bubble sacks are paraphernalia. These items are joined by the typical forms of paraphernalia involved in the ingestion of marijuana, including pipes, bongs, and roach clips. Rolling papers and blunt wraps are not included under the statutory definition.

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If a person is convicted of selling paraphernalia, then they are guilty of a misdemeanor and can be sentenced, for a first violation, a fine not exceeding $500, and for each subsequent violation, imprisonment not exceeding 2 years and a fine not exceeding $2,000.

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If a person is caught in possession of paraphernalia and marijuana, then they are guilty of a misdemeanor and subject to imprisonment not exceeding 1 year and a fine not exceeding $1,000.

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If an adult delivers drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years and a fine not exceeding $15,000.

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Advertising the distribution of paraphernalia is a misdemeanor and can be punished, for a first violation, with a fine not exceeding $500, and for each subsequent violation, with imprisonment for not exceeding 2 years and a fine not exceeding $2,000.

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Mandatory Minimum

Maryland has a mandatory minimum sentences for:

  1. Repeat offenders who have been convicted of possession to distribute on 2 or more occasions (2 years).
  2. Repeat offenders who have previously been convicted of possession with intent to distribute within 1,000 ft. of a school on 2 or more occasions (5 years).
  3. Any offender convicted of possessing 50 lbs. or more of marijuana, including any acts of possession within the last 90 days (5 years).
  4. Any offender convicted of being a “drug kingpin” who dealt in more than 50 lbs. of marijuana (20 years).
  5. Any offender who is in possession of a firearm at the time they are arrested for trafficking marijuana into MD (10 years)

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Miscellaneous

Medical Necessity Defense

“In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.

(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100.”

Even with the defense, the crime is still a misdemeanor. Additional fines/penalties are applicable if use is in public or more than one ounce is in possession at one time.

See:

  • MD. CODE ANN. §§5-601(c)(3)(i)-(ii) Web Search

*NOTE: MD is currently re-evaluating their medical necessity defense with a bill passing both houses of the state legislature which would eliminate the $100 dollar fine and misdemeanor record if clear and convincing evidence of medical necessity is present.

For more information concerning Maryland’s marijuana laws, please visit NORML’s Maryland Medical Marijuana page.

Drug Kingpin

If an individual is found to be a “drug kingpin” (an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance), and dealt with more than 50 lbs. of marijuana, then they are guilty of a felony and subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole and a fine not exceeding $1,000,000.

See:

  • MD. CODE ANN. §5-613. (Does not merge. §5-613(d).) Web Search

If an adult uses or solicits a minor in a conspiracy to distribute, deliver or manufacture marijuana, then the adult is guilty of a felony and is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000.

See:

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Maine Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 2.5 oz civil violation N/A $ 600
2.5 – 8 oz misdemeanor 6 mos $ 1,000
8 oz – 1 lb misdemeanor 1 year $ 2,000
1 – 20 lbs felony 5 years $ 5,000
More than 20 lbs felony 10 years $ 20,000
Possession of a “usable amount” with proof of a physician’s recommendation is not punishable.

Sale or Distribution

Less than 1 lb misdemeanor 1 year $ 2,000
1 – 20 lbs felony 5 years $ 5,000
20 lbs or more felony 10 years $ 20,000
To a minor or within 1000 feet of a school or school bus felony 5 years $ 5,000

Cultivation

5 plants or less misdemeanor 6 mos $ 1,000
5 – 99 plants misdemeanor 5 years $ 5,000
100 – 499 plants felony 5 years $ 5,000
500 plants or more felony 10 years $ 20,000

Hash & Concentrates

Possession Class D crime 1 year $ 2,000
Trafficking Class C Crime 5 years $ 5,000
Trafficking (prior conviction, use of minor, other) Class B Crime 10 years $ 20,000

Paraphernalia

Possession of paraphernalia civil violation N/A $ 300
Sale of paraphernalia misdemeanor 6 mos $ 1,000
Sale to a minor misdemeanor 1 year $ 2,000

Miscellaneous

Driver’s license restriction will be imposed for aggravated furnishing any amount of pot or hash.

Penalty Details

Possession for Personal Use

Possession of a “usable amount” with proof of a physician’s recommendation is not punishable.

Possession of up to 2.5 oz. is a civil violation which is punishable by a $350-$1000 fine. Subsequent offenses within 6 months are punishable by a $550 fine.

Possession of between 2.5-8 oz. is a Class E misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

Possession of between 8-16 oz. is a Class D misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Possession of between 1-20 lbs. is a Class C felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of over 20 lbs. is a Class B felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

Please see:

  • 22 Section 2382 of the Maine Revised Statutes Web Search
  • 22 Section 2383 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search

Sale or Distribution

The sale of 1 lb. or less is a Class D misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

The sale of 1-20 lbs. is a Class C felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale of 20 lbs. or more is a Class B felony punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.

Sale to a minor or within 1,000 feet of a school or school bus is a felony punishable by a maximum sentence of 5 years imprisonment and a $5,000 fine.

Please see:

  • Tit. 17A Section 1101 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search

Cultivation

The cultivation of 5 plants or less is a Class E misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

The cultivation of 5-99 plants is a Class D misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

The cultivation of 100-499 plants is a Class C felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The cultivation of 500 or more plants is a Class B felony punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.

Please see:

  • Title 17A Section 1117 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search

Hash & Concentrates

The definition of Marijuana in the Maine statute is written explicitly not to cover Hashish or Marijuana Concentrates. The statute defines Hashish separately as the resin extracted from the Cannabis plant including any derivative, mixture, or compound of the resin, effectively including all Concentrates. Hashish is classified in Schedule X of the Maine Controlled Substances Schedule.

See:

  • Tit. 17A Section 1101(1), (5) of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search

Trafficking any amount of Hashish is a Class C Crime, subject to five years incarceration and a fine of no more than $5000.

See:

  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search

Using a minor child to traffic any amount of Hashish is a Class B Crime, subject to ten years incarceration and a fine of no more than $20,000.

Trafficking any amount of Hashish when you have at least one prior conviction for a similar drug crime is a Class B Crime, subject to ten years incarceration and a fine of no more than $20,000.

Use or possession of a firearm when trafficking any amount of Hashish is a Class B crime, subject to ten years incarceration and a fine of no more than $20,000.

Trafficking any amount of Hashish while within 1000 feet from a school or other designated safe zone is a Class B crime, subject to ten years incarceration and a fine of no more than $20,000.

Soliciting with, conspiring with, or enlisting the assistance of a minor child in trafficking any amount of hashish is a Class B crime, subject to ten years incarceration and a fine of no more than $20,000.

Using a motor vehicle to traffic in scheduled drugs in Maine may result in a driver’s license being revoked for up to five years.

See:

  • Tit. 17A Section 1105-A of the Maine Revised Statutes Web Search

Furnishing any amount of Hashish to a minor child is a Class C crime, subject to five years incarceration and a fine of no more than $5000.

Furnishing any amount of Hashish when you have at least one prior conviction for a similar drug crime is a Class C crime, subject to five years imprisonment and a fine of no more than $5000.

Use or possession of a firearm while furnishing any amount of Hashish is a Class C crime, subject to five years imprisonment and a fine of no more than $5000.

Furnishing any amount of Hashish on a school bus or within 1000 feet of a school or other designated safe zone is a Class C crime, subject to five years incarceration and a fine of no more than $5000.

Soliciting with, conspiring with, or enlisting the assistance of a minor child in furnishing any amount of Hashish is a Class C crime subject to five years imprisonment, and a fine of no more than $5000.

Using a motor vehicle to furnish any amount of Hashish may result in your driver’s license being revoked for up to five years.

See:

  • Tit. 17A Section 1105-C of the Maine Revised Statutes Web Search

Furnishing any amount of Hashish is a Class D crime subject to one year’s imprisonment and a fine not to exceed $2000.

See:

  • Tit. 17A Section 1106 of the Maine Revised Statutes Web Search

Possessing any amount of Hashish is a Class D crime subject to one year’s imprisonment and a fine not to exceed $2000.

See:

  • Tit. 17A Section 1107-A of the Maine Revised Statutes Web Search

Importing any amount of Hashish into Maine from another state or country is a Class D crime subject to one year’s imprisonment and a fine not exceeding $2000.

See:

  • Tit. 17A Section 1118 of the Maine Revised Statutes. Web Search
  • Tit. 17A Section 1252 of the Maine Revised Statutes. Web Search
  • Tit. 17A Section 1301 of the Maine Revised Statutes. Web Search

Paraphernalia

Possession of paraphernalia is a civil violation punishable by a maximum $300 fine.

The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

The sale of paraphernalia to a minor is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Please see:

  • Title 17A Section 1111 of the Maine Revised Statutes Web Search

Miscellaneous

Will impose a license restriction for the aggravated trafficking of over 1 pound of marijuana if a vehicle is used in doing so. Aggravated is met by using a minor in the trafficking, or having a prior drug record in Maine or another state (but the amount of pot must be over 1 pound) or possession of a firearm at the time of the offense. They will also deprive of a license for aggravated furnishing any amount of pot or hash, aggravation based on the same as above.

See:

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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Louisiana Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 60 lbs (first offense) not classified 6 mos $ 500
Less than 60 lbs (second offense) not classified 5 years $ 2,500
Less than 60 lbs (subsequent offense) not classified 20 years $ 5,000
60 – 2000 lbs felony 5* – 30 years $ 100,000
2000 – 10,000 lbs felony 10* – 40 years $ 400,000
More than 10,000 lbs felony 25* – 40 years $ 400,000
First and second offenders may be eligible for probation.
* Mandatory minimum sentence

Distribution or Cultivation of Marijuana

Any amount (first offense) not classified 5* – 30 years $ 50,000
Any amount (subsequent offense) not classified 10* – 60 years $ 100,000
To a minor not classified 45 – 90 years $ 75,000
Includes possession with intent to distribute
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Miscellaneous

Possession, distribution, or cultivation of marijuana within 2000 feet of a drug free zone is punishable by 1.5 times the maximum sentence.
Staying in a public place with the purpose to distribute marijuana is a crime punishable by a fine of $100-$1,000, and/or up to 6 months imprisonment, and/or up to 120 hours of community service.
Conviction of any crime involving controlled substances results in denial of driving privileges for not less than 30 days but not more than 1 year.

Penalty Details

Marijuana is a schedule I(C) hallucinogenic substance under Louisiana law.

Possession for Personal Use

For first offenders, possession of less than 60 pounds of marijuana is punishable by a fine of up to $500 and/or up to 6 months of imprisonment. Second offenses are punishable by a fine of $250-$2500 and/or up to 5 years of imprisonment. Both first and second offenders may be eligible for probation, which will include 32 hours of community service and a substance abuse program, the cost of probation will be paid by the defendant. Third and subsequent offenses are punishable by a fine of up to $5,000 and/or up to 20 years of imprisonment.

See:

Possession of 60-2,000 pounds of marijuana is a felony and is punishable by 5-30 years of imprisonment and a fine of $50,000-$100,000. Possession of 2,000-10,000 pounds is a felony and is punishable by 10-40 years of imprisonment and a fine of $100,000-$400,000. Possession of 10,000 pounds or more of marijuana is a felony and is punishable by 25-40 years of imprisonment.

See:

Distribution or Cultivation of Marijuana

Distribution of marijuana includes possessing marijuana with the intent to distribute it.

See:

Distribution or cultivation of marijuana is punishable by a fine of up to $50,000 and 5-30 years of imprisonment. Subsequent offenses are punishable by 10-60 years of imprisonment and a fine of up to $100,000. Prior offenses include any drug crime convictions, no matter where they occurred. If the defendant is 18 or older and is selling to a minor under the age of 18 who is at least 3 years younger than the defendant a maximum term of 45 years may be imposed for first offenders or 90 years for subsequent offenders. Distributing marijuana to an elementary, middle, or high school student is punishable by a maximum term of 45 years imprisonment for first offenders and up to 90 years imprisonment for subsequent offenses. For first offenders a fine of up to $75,000 may also be imposed. For subsequent offenders a fine of $150,000 may be imposed. Soliciting a minor to distribute marijuana is punishable for first offenders by 45 years of imprisonment and a fine of up to $75,000. For subsequent offenders imprisonment for up to 90 years and a fine of up to $150,000 may be imposed.

See:

Hash & Concentrates

Louisiana classifies both plant-form Marijuana and Tetrahydrocannabinols, including Hashish and Marijuana Concentrates, in schedule I of the Louisiana Controlled Substances Schedule. For the purposes of criminal justice, the statute defines Marijuana as including tetrahydrocannabinols and derivatives thereof. The penalties for offenses involving tetrahydrocannabinols and derivatives thereof have the same penalties as for plant-form Marijuana.

See:

Miscellaneous

Violation in a Drug Free Zone

Possession, distribution, or cultivation of marijuana within 2,000 feet of a drug free zone is punishable by 1.5 times the maximum sentence allowed for the underlying offense. A drug free zone includes: Elementary schools, high schools, colleges or universities, playgrounds, drug treatment facilities, religious buildings, public housing, and child care centers.

See:

Drug Traffic Loitering

Staying in a public place with the purpose to distribute marijuana is a crime punishable by a fine of $100-$1,000, and/or up to 6 months imprisonment, and/or up to 120 hours of community service.

See:

Driver’s license privileges

Whenever any person who has attained the age of 19 is convicted of any crime, offense, violation, or infraction involving the possession, use, or abuse of one or more controlled dangerous substances, the court… shall issue an order of denial of driving privileges for not less than 30 days but not more than 1 year.

See:

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.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Kentucky Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 8 oz misdemeanor 45 days $ 250

Sale or Trafficking

Less than 8 oz (first offense) misdemeanor 1 year $ 500
Less than 8 oz (subsequent offense) felony 1 – 5 years $ 10,000
8 oz – 5 lbs (first offense) felony 1 – 5 years $ 10,000
8 oz – 5 lbs (subsequent offense) felony 5 – 10 years $ 10,000
5 lbs or more (first offense) felony 5 – 10 years $ 10,000
5 lbs or more (subsequent offense) felony 10 – 20 years $ 10,000
To a minor (first offense) felony 5 – 10 years $ 10,000
To a minor (subsequent offense) felony 10 – 20 years $ 10,000
Within 1000 yards of a school or park felony 1 – 5 years $ 10,000

Cultivation

Less than 5 plants (first offense) misdemeanor 1 year $ 500
Less than 5 plants (subsequent offense) felony 1 – 5 years $ 10,000
5 plants or more (first offense) felony 1 – 5 years $ 10,000
5 plants or more (subsequent offense) felony 5 – 10 years $ 10,000

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 500

Penalty Details

Possession

Possession of up to 8 oz. of marijuana is a Class B misdemeanor which is punishable by a maximum sentence of 45 days imprisonment and a maximum fine of $250.

Possession of 8 oz. or more – See Sale or Trafficking

See:

  • Section 218A.1422 of the Kentucky Revised Statutes Web Search
  • Section 218A.276 of the Kentucky Revised Statutes Web Search

Sale or Trafficking

The sale or trafficking of less than 8 oz. is a Class A misdemeanor for a first offense which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $500.

A second or subsequent offense for trafficking or selling less than 8 oz. of marijuana is a Class D felony, punishable by not less than one, nor more than five, years incarceration and a fine of not more than $10,000.

The sale or trafficking of 8 oz.-5 lbs. is a Class D felony which is punishable for a first offense by 1-5 years imprisonment and a fine of $1,000-$10,000. A second of subsequent violation of this section is a Class C felony, punishable by not less than five, nor more than ten, years imprisonment and a fine of not over $10,000.

The sale or trafficking of 5 lbs. or more is a Class C felony which is punishable for a first offense by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000. For a second or subsequent violation of this section, the offender will be guilty of a Class B felony, which is punishable by not less than 10, nor more than 20, years imprisonment.

The sale to a minor is a felony which is punishable by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000.

A subsequent conviction for the sale to a minor is a felony which is punishable by a sentence of 10-20 years imprisonment and a fine of $1,000-$10,000.

The sale within 1,000 yards of a school or park is a felony which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.

See:

  • Section 218A.1421 of the Kentucky Revised Statutes Web Search
  • Section 532.060 of the Kentucky Revised Statutes Web Search

Cultivation

Cultivation of fewer than 5 plants is a Class A misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. For a second or subsequent offense, the offender will be charged with a Class D felony, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.

Cultivation of 5 plants or more is a Class D felony for a first offense, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000. A second or subsequent offense is a Class C felony which is punishable by 5-10 years imprisonment and a fine of $1,000-$10,000.

See:

  • Section 218A.1423 of the Kentucky Revised Statutes Web Search
  • Section 532.060 of the Kentucky Revised Statutes Web Search

Hash & Concentrates

Hashish is listed as Schedule I hallucinogenic substance, but is punished exactly the same as marijuana infractions. See the penalties for marijuana above for further details on specific penalties.

See:

  • § 218A.010(21) of the Kentucky Revised Statutes Web Search
  • § 218A.050(3) of the Kentucky Revised Statutes Web Search
  • Com. v. McGinnis, 641 S.W.2d 45 (Ky. Ct. App. 1982). Web Search

Paraphernalia

Possession of paraphernalia is a Class A misdemeanor which is punishable by a maximum sentence of one year imprisonment and a maximum fine of $500.

See:

  • Section 218A.500 of the Kentucky Revised Statutes Web Search
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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Medical CBD
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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Kansas Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount (first offense) misdemeanor 1 year $ 2,500
Any amount (subsequent offense) felony 10 mos* – 3.5 years $ 100,000
* Mandatory minimum sentence

Sale or Distribution

Any amount felony 1* – 5 years $ 300,000
Within 1000 feet of a school zone felony 4* – 7 years $ 300,000
* Mandatory minimum sentence

Cultivation

5 plants or more felony 12 – 17 years $ 0

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 2,500

Miscellaneous (license suspensions, civil damages, etc…)

Kansas has a marijuana tax stamp law enacted.

Penalty Details

Possession

Possession of any amount is a Class A misdemeanor punishable by a maximum of 1 year imprisonment and a maximum fine of $2,500.

Subsequent convictions are felonies that are punishable by imprisonment for 10-42 months and a maximum fine of $100,000.

Please see:

Sale or Distribution

Sale of any amount is a felony punishable by 14-51 months imprisonment and a maximum fine of $300,000.

Sale within 1,000 feet of a school zone is a felony punishable by 46-83 months imprisonment and a maximum fine of $300,000.

Please see:

Cultivation

Possession of 5 or more plants is a felony punishable by 138-204 months imprisonment and a fine.

Please see:

Hash & Concentrates

Hashish and marijuana concentrates are classified as cannabinoids and are Schedule I controlled substances. The penalties for hashish and marijuana concentrates are the same as those for marijuana.

See:

Paraphernalia

Possession of paraphernalia is a misdemeanor punishable by a maximum of 1 year imprisonment and a $2,500 fine.

Please see:

Miscellaneous

Kansas has a marijuana tax stamp law enacted. Those who possess marijuana are legally required to affix state-issued stamps to the contraband. Failure to do so may result in a fine and/or a criminal sanction.

Please see:

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.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Iowa Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount (first offense) misdemeanor 6 mos $ 1,000
Any amount (second offense) misdemeanor 1 year $ 1,875
Any amount (third offense) misdemeanor 2 years $ 6,250
Offenders who are chronic abusers of marijuana may be sent to rehab.

Cultivation or Distribution

50 kg or less felony 5 years $ 7,500
50 – 100 kg felony 10 years $ 50,000
100 – 1000 kg felony 25 years $ 100,000
Involving a minor felony 5* – 25 years $ 100,000
To a minor within 1000 feet of a park, elementary or middle school, or school bus felony 10 years* $ 100,000
* Mandatory minimum sentence
Distribution includes possession with intent to distribute

Hash & Concentrates

Penalties for hashish are the same as for marijuana except in one circumstance. Please see the marijuana penalties section for further details.

Paraphernalia

Possession, distribution, or manufacture of paraphernalia misdemeanor 6 mos $ 1,000

Miscellaneous

Sponsoring, promoting, or assisting in a gathering where marijuana will be used, distributed, or possessed misdemeanor 1 year $ 1,875
Possession with intent to sell large amounts can lead to an automatic driver’s license suspension.

Penalty Details

Marijuana is a schedule I hallucinogenic substance under the Iowa Controlled Substances Act.

See:

Possession for Personal Use

For first offenders, possession of any amount of marijuana is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months of imprisonment. Second offenders are subject to a fine of $315-$1875 and/or up to 1 year of imprisonment. Third offenses are considered aggravated misdemeanors and are punishable by a fine of $625-$6250 and/or up to 2 years of imprisonment.

See:

Offenders who are chronic abusers of marijuana may be sent to rehab. If this program is successfully completed the court may place the defendant on probation.

See:

Possession of marijuana within 1,000 feet of an elementary school, secondary school, public park, or school bus is punishable by the penalty for possession and 100 hours of community service.

See:

Cultivation or Distribution

Distribution of marijuana includes possessing marijuana with the intent to distribute it.

Delivery or possession with intent to deliver one half ounce or less of plant-form marijuana without remuneration is equivalent to simple possession in Iowa, with penalties for a first offense being a misdemeanor with incarceration of no more than 6 months, and a fine of no more than $1000 dollars. Subsequent convictions for delivery without remuneration will be punished more severely, just as subsequent simple possession convictions would be.

See:

Distribution or cultivation of 50 kilograms of marijuana or less is a class D felony punishable by a fine of $750-$7,500 and up to 5 years of imprisonment. Distribution or cultivation of 50-100 kilograms of marijuana is a class C felony and is punishable by a fine of $1,000-$50,000 and up to 10 years of imprisonment. Distribution or cultivation of 100-1,000 kilograms of marijuana is a class B felony and is punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment.

See:

If a person over the age of 18 solicits a person under the age of 18 to assist in the distribution or cultivation of marijuana this act is punishable as a class C felony by a fine of $1,000-$50,000 and up to 10 years of imprisonment.

See:

If a person over the age of 18 distributes marijuana to someone under the age of 18 this constitutes a Class B felony punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment, in addition a mandatory minimum term of 5 years will apply. If the sale to a minor occurs within 1,000 feet of a park, elementary school, middle school, or marked school bus a mandatory minimum term of 10 years will apply.

See:

Hash & Concentrates

Iowa classifies Marijuana and Tetrahydrocannabinols separately as hallucinogenic substances in Schedule 1 of the Iowa Controlled Substances Schedule. For the purposes of criminal justice, plant Marijuana and all Tetrahydrocannabinol derivatives thereof, including hashish and marijuana concentrates, are defined as Marijuana and punished equally in all but one circumstance. The only circumstance where plant-form Marijuana is treated differently is for a charge of delivery or possession with intent to deliver one half ounce or less without remuneration. In that circumstance, plant-form marijuana is punished equivalent to the penalties for simple possession, whereas delivery, or possession with intent to deliver an equivalent amount of hashish, hash oil, or other derivatives are punished in accordance with the regular penalties for distribution.

See:

Paraphernalia

Possession, distribution, or manufacture of marijuana paraphernalia is simple misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months imprisonment. Paraphernalia includes any item that is knowingly used to ingest, inhale, manufacture, enhance, or test marijuana quality.

See:

Miscellaneous

Sponsoring, promoting, or assisting in the sponsorship or promotion of a gathering with the knowledge that marijuana will be used, distributed, or possessed at that event is a serious misdemeanor punishable by a fine of $315-$1875 and/or up to 1 year of imprisonment.

See:

Possession with intent to sell large amounts of pot (100-1000kg) can lead to an automatic driver’s license suspension.

See:

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

Medical CBD
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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Indiana Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

30 g or less misdemeanor 1 year $ 5,000
More than 30 g felony 6 mos – 3 years $ 10,000
Conditional discharge may be available for first-time offenders.

Sale or Cultivation

30 g or less misdemeanor 1 year $ 5,000
30 g – 10 lbs felony 6 mos – 3 years $ 10,000
More than 10 lbs felony 2 – 8 years $ 10,000
Within 1000 feet of a school or other specified areas felony 2 – 8 years $ 10,000
To a minor felony 6 mos – 3 years $ 10,000

Hash & Concentrates

Possession felony 1 year $ 5,000
Manufacture felony 1 year $ 5,000

Paraphernalia

Possession of paraphernalia infraction N/A $ 10,000
Subsequent conviction felony 6 mos – 3 years $ 10,000

Miscellaneous (license suspensions, civil damages, etc…)

Presence where knowledge of drug activity occurs misdemeanor 6 mos $ 1,000
Possession, sale, or distribution conviction will result in a driver’s license suspension.

Penalty Details

Please see:

  • 35-48-2-1, et seq. of the Indiana Criminal Code Web Search
  • 35-48-4-10,11 of the Indiana Criminal Code Web Search

Possession for Personal Use

Possession of 30 grams or less is a Class A misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. Conditional discharge may be available for first-time offenders.

Possession of more than 30 grams is a Class D felony punishable by 6 months-3 years imprisonment and a maximum fine of $10,000.

Please see:

Sale/Cultivation

The sale of 30 grams or less is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000.

The sale of more than 30 grams-10 lbs. is a Class D felony punishable by 6 months-3 years imprisonment and a maximum fine of $10,000.

The sale of more than 10 lbs. or within 1,000 feet of a school or other specified areas is a felony punishable by 2-8 years imprisonment and a maximum fine of $10,000.

The sale of any amount to a minor is a Class D felony punishable by 6 months-3 years imprisonment and a maximum fine of $10,000.

Please see:

Hash & Concentrates

A person who knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish commits a Class A misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. Conditional discharge may be available for first-time offenders.

Possession of more than 2 grams of hashish or concentrate, or if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish and is in possession less than 2 grams, then the crime is a Class D felony, punishable by 6 months to 3 years imprisonment and a maximum fine of $10,000.

See:

A person who:

  1. knowingly or intentionally:
    1. manufactures;
    2. finances the manufacture of;
    3. delivers; or
    4. finances the delivery of; hash oil, or hashish, pure or adulterated; OR
  2. possesses, with intent to:
    1. manufacture;
    2. finance the manufacture of;
    3. deliver; or
    4. finance the delivery of; marijuana, hash oil, or hashish, pure or adulterated;

Is guilty of a Class A misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000.

If, however:

  1. the recipient or intended recipient is under eighteen (18) years of age;
  2. the amount involved is more than 2 grams but less than 300 grams of hash oil or hashish; or
  3. the person has a prior conviction of an offense involving marijuana, hash oil, or hashish; then the crime is a Class D Felony, punishable by 6 months to 3 years imprisonment and a maximum fine of $10,000.
    If more than 300 grams of hashish or concentrate is involved, however, then the offense is a Class C felony, punishable by 2 to 8 years imprisonment and a maximum fine of $10,000.

See:

Miscellaneous

Possession of paraphernalia is an infraction punishable by a maximum fine of $10,000.

A subsequent conviction for possession or sale of paraphernalia is a felony punishable by 6 months-3 years imprisonment and a maximum fine of $10,000.

Please see:

Presence “where knowledge of drug activity occurs” is a misdemeanor punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.

A possession, sale, or distribution conviction will result in a driver’s license suspension for 6 months- 2 years.

Please see:

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Illinois Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

2.5 g or less misdemeanor 30 days $ 0
2.5 – 10 g misdemeanor 6 mos $ 0
10 – 30 g (first offense) misdemeanor 1 year $ 0
10 – 30 g (subsequent offense) felony 1* – 3 years $ 25,000
30 – 500 g (first offense) felony 1* – 3 years $ 25,000
30 – 500 g (subsequent offense) felony 2* – 5 years $ 25,000
500 – 2000 g felony 2* – 5 years $ 25,000
2000 – 5000 g felony 3* – 7 years $ 25,000
More than 5000 g felony 4* – 20 years $ 25,000
* Mandatory minimum sentence

Sale or Trafficking

2.5 g or less misdemeanor 6 mos $ 0
2.5 – 10 g misdemeanor 1 year $ 0
10 – 30 g felony 1* – 3 years $ 25,000
30 – 500 g felony 2* – 5 years $ 50,000
500 – 2000 g felony 3* – 7 years $ 100,000
2000 – 5000 g felony 4* – 20 years $ 150,000
More than 5000 g felony 6* – 30 years $ 200,000
* Mandatory minimum sentence
Bringing 2500 grams or more of marijuana into the State of Illinois is trafficking and brings a mandatory minimum sentence of twice the minimum sentence as sale of marijuana.

Cultivation

Less than 5 plants misdemeanor 1 year $ 0
5 – 20 plants felony 1* – 3 years $ 25,000
20 – 50 plants felony 2* – 5 years $ 25,000
50 – 200 plants felony 3* – 7 years $ 100,000
More than 200 plants felony 4* – 20 years $ 100,000
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 750
Sale of paraphernalia felony 1* – 3 years $ 1,000
Sale to a minor felony 2* – 5 years $ 1,000
Sale to a pregnant woman felony 3* – 7 years $ 1,000
* Mandatory minimum sentence

Civil Asset Forfeiture

Property is subject to forfeiture.

Penalty Details

Possession for Personal Use

Possession of less than 2.5 grams of marijuana is a Class C misdemeanor, punishable by a jail term of up to 30 days.

Possession of between 2.5 – 10 grams of marijuana is a Class B misdemeanor, punishable by up to 6 months imprisonment.

Possession of between 10 – 30 grams of marijuana is a Class A misdemeanor for a first offense, which is punishable by a jail term of up to 1 year. For a second or subsequent offense, possession of between 10 – 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Possession of between 30 – 500 grams of marijuana is a Class 4 felony for a first offense, which is punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000. For a second or subsequent offense, possession of between 30 – 500 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a fine of $25,000.

Possession of between 500 – 2,000 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a fine of $25,000.

Possession of between 2,000 – 5,000 grams of marijuana is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 7 years, as well as a fine of $25,000.

Possession of over 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 20 years, as well as a fine of $25,000.

Please See:

Sale

Selling or possessing with the intent to sell, 2.5 grams or less of marijuana is a Class B misdemeanor, punishable by up to 6 months imprisonment.

Selling or possessing with the intent to sell, between 2.5 – 10 grams of marijuana is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.

Selling or possessing with the intent to sell, between 10 – 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Selling or possessing with the intent to sell, between 30 – 500 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, and a maximum fine of $50,000.

Selling or possessing with the intent to sell, between 500 – 2,000 grams of marijuana is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 7 years, and a maximum fine of $100,000.

Selling or possessing with the intent to sell, between 2,000 – 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 20 years, and a maximum fine of $150,000.

Selling, manufacturing, or possessing with the intent to sell, more than 5,000 grams of marijuana is a Class X felony, punishable by a minimum sentence of 6 years and a maximum sentence of 30 years, and a maximum fine of $200,000.

Please See:

Trafficking

Bringing 2,500 grams or more of marijuana into the State of Illinois brings a mandatory minimum sentence of twice the minimum sentence for the sale or manufacture of the same weight of marijuana, a maximum sentence of twice the maximum sentence for the sale of the same weight of marijuana, and a fine equal to the fine for distributing the same weight of marijuana, as listed above.

Please See:

Cultivation

Possessing 5 or less marijuana plants is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.

Possessing between 5 – 20 plants is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Possessing between 20 – 50 plants is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a fine of $25,000.

Possessing between 50 – 200 plants is a Class 2 felony, which is punishable by a minimum jail term of 3 years and a maximum sentence of 7 years, along with a maximum fine of $100,000

Possessing more than 200 marijuana plants is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 20 years, as well as a maximum fine of $100,000.

Please See:

Hash & Concentrates

Offenses involving Hashish and Marijuana Concentrates are punished to the same extent as those offenses involving plant Cannabis. The Illinois Cannabis Control Act explicitly includes Hashish under the definition of Cannabis in the statute. The statute also includes all derivatives, compounds, and preparations of the plant under the definition of Cannabis, effectively including any other Marijuana Concentrates. There is no reference to any difference in penalties between Hashish or Marijuana Concentrates and plant Cannabis in the statute. Illinois state case law also refers to Hashish as a form of Marijuana.

See:

  • 720 Illinois Comp. Stat. 550/3(a) Web Search
  • People v. Hopkins, 276 N.E.2d 413 (Ill. Ct. App. 1971). Web Search

Paraphernalia

Possession of paraphernalia is a Class A misdemeanor, punishable by up to one year in prison, as well as a minimum fine of $750.

Sale of paraphernalia is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a minimum fine of $1,000.

Sale of paraphernalia to a minor is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a minimum fine of $1,000.

Sale of paraphernalia to an obviously pregnant woman is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 7 years, as well as a minimum fine of $1,000.

All paraphernalia is subject to forfeiture.

Please See:

Miscellaneous

Property forfeiture in IL is governed by:

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Idaho Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

3 oz or less misdemeanor 1 year $ 1,000
3 oz – 1 lb felony 5 years $ 10,000

With intent to distribute

Less than 1 lb or 25 plants felony 5 years $ 15,000
More than 1 lb or 25 plants felony 15 years $ 50,000
1 – 5 lbs or 25 – 50 plants felony 1 year* $ 5,000
5 – 25 lbs or 50 – 100 plants felony 3 years* $ 10,000
More than 25 lbs or 100 plants felony 5 years* $ 15,000
Where a person under the age of 18 is present felony 5 years $ 5,000
* Mandatory minimum sentence
Possession of 1 lb or more, or 25 or more plants is considered trafficking.

Sale or Delivery

Less than 1 lb or 25 plants felony 5 years $ 15,000
More than 1 lb or 25 plants felony 15 years $ 50,000
1 – 5 lbs or 25 – 50 plants felony 1 year* $ 5,000
5 – 25 lbs or 50 – 100 plants felony 3 years* $ 10,000
More than 25 lbs or 100 plants felony 5 years* $ 15,000
Where a person under the age of 18 is present felony 5 years $ 5,000
* Mandatory minimum sentence

Cultivation

Less than 1 lb or 25 plants felony 5 years $ 15,000
More than 1 lb or 25 plants felony 15 years $ 50,000
1 – 5 lbs or 25 – 50 plants felony 1 year* $ 5,000
5 – 25 lbs or 50 – 100 plants felony 3 years* $ 10,000
More than 25 lbs or 100 plants felony 5 years* $ 15,000
Where a person under the age of 18 is present felony 5 years $ 5,000
* Mandatory minimum sentence
Possession of 1 lb or more, or 25 or more plants is considered trafficking.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Use or possession of paraphernalia misdemeanor 1 year $ 1,000
Manufacture or sale of paraphernalia felony 9 years $ 30,000

Forfeiture

Vehicles and other property may be seized.

Miscellaneous (license suspensions, civil damages, etc…)

Use or intoxication in public misdemeanor 6 mos $ 1,000
Presence at location where marijuana is cultivated or stored misdemeanor 3 mos $ 300
Maintaining a structure used for selling or storing marijuana misdemeanor 1 year $ 25,000
Possession of marijuana and under 18 will result in driver’s license revocation for a period of not more than 1 year.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Idaho Uniform Controlled Substances Act.

See:

Possession for Personal Use

Possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. If the quantity possessed is more than 3 ounces but less than 1 pound, it is a felony punishable by up to 5 years imprisonment and/or a fine up to $10,000.

See:

  • Idaho Code Ann. §§ 37-2732(c)(3), (e) Web Search

Possession with Intent to Distribute

Possession with intent to distribute up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Possession of 1 pound or more, or 25 or more plants, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount possessed was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Possession of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Possession of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

See:

  • Idaho Code Ann. § 37-2732(a)(1)(B) Web Search
  • Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search

A conviction for possession with intent to deliver is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.

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Possession with intent to distribute marijuana on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.

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Sale/Delivery

Delivery of up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Delivery or import into Idaho of 1 pound, or more or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount delivered or imported was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Delivery or import into Idaho of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Delivery or import into Idaho of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

See:

  • Idaho Code Ann. § 37-2732(a)(1)(B) Web Search
  • Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search

A conviction for delivery is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.

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Delivery by a person aged 18 or older to a person aged 18 years or younger who is at least 3 years their junior is punishable by a term of imprisonment that is twice that authorized for delivery.

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Delivery on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.

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Cultivation

Cultivation of up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Cultivation of 1 pound or more, or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount cultivated was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Cultivation of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Cultivation of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

See:

  • Idaho Code Ann. § 37-2732(a)(B) Web Search
  • Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search

A conviction for cultivation is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.

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Cultivation on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.

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Hash & Concentrates

Hashish is classified as a Schedule I drug in Idaho. The Definitions section of the statute includes Hashish and Marijuana Concentrates when it defines Marijuana as the plant and every derivative preparation of it. The Penalties section reinforces this interpretation by explicitly including, as Marijuana, any extract or preparation of cannabis which contains tetrahydrocannabinol. The statute never explicitly refers to Hashish or Marijuana Concentrates as being separate from Marijuana. Therefore, the penalties for hashish and THC concentrates should be the same as for marijuana. Please see the above marijuana section for further information.

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Paraphernalia

Use or possession of paraphernalia is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.

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Manufacture or sale of drug paraphernalia is a felony punishable by up to 9 years imprisonment and/or a fine up to $30,000.

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Sentencing

For violations of possession, cultivation, and sale of marijuana, all offenders are required to undergo a substance abuse evaluation. This requirement may be waived if the violation is the offenders first, the charge is for simple possession, and the court finds no reason to believe that the offender is in need of treatment. This evaluation will be used in determining the sentence of the offender, which may include mandatory treatment.

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Judgment may be withheld if the offender has no prior felony convictions, convictions for driving under the influence, or convictions for possession, sale, or cultivation of a controlled substance, the offender has been cooperative with law enforcement efforts for drug-related crime, and the court believes that they will complete the terms of probation. When a person pleads guilty or is found guilty of possession, sale, or cultivation, if they are granted a probationary period, it will include a minimum of 100 hours of community service.

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Second Offense

A second or subsequent offense is subject to twice the term of imprisonment and twice the fine authorized for the offense. An offense for this provision is any conviction under the Idaho Uniform Controlled Substances Act or under a federal statute or statute of another state relating to controlled substances.

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Forfeiture

Criminal

Anyone who pleads guilty to or is convicted of an offense under the Idaho Uniform Controlled Substances Act which is punishable by more than 1 year imprisonment must forfeit certain property to the state of Idaho. This includes any property constituting or derived from profits of the violation and any property used in or used to facilitate the violation.

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Civil

Vehicles and other property may be seized for violations of the Idaho Uniform Controlled Substances Act. Proceedings must commence within 30 days after the seizure. For certain properties, a notice of forfeiture must be provided to all those with an interest in it. Interested partied have 20 days to file an answer from the time that the notice is mailed or published.

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Miscellaneous

Use or intoxication in public

Using or being under the influence of marijuana on public property or on private property open to the public is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $1,000. The court may assess an additional cost of up to $200 for reimbursement to the arresting or prosecuting authority. A public use or intoxication offense that occurs within 5 years of 2 or more separate public use or intoxication convictions is punishable by a mandatory minimum of 120 days imprisonment to a maximum of 1 year if the offender refuses to complete treatment.

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Presence at location where marijuana is cultivated or stored

Presence at or on the premises where marijuana is cultivated or held for distribution, transportation, delivery, or use is a misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $300.

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Knowingly maintaining a structure used for drug offenses

It is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $25,000 to maintain a structure (including vehicles and houses) that the owner knows is used for selling, storing, or using marijuana.

See:

  • Idaho Code Ann. §§ 37-2733(a)(5), (b) Web Search
Fees for investigation

Upon a felony or misdemeanor conviction of the Idaho Uniform Controlled Substances Act, the offender may be ordered to pay for the costs of investigating their offense incurred by law enforcement.

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Drug hotline fee

Any violation of the Idaho Uniform Controlled Substances Act results in a fee of $10, which is deposited in the drug and driving under the influence enforcement donation fund.

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Driver’s license revocation

Any person who pleads guilty or is found guilty of possessing of marijuana and is under 18 shall have their license revoked for a period of not more than 1 year.

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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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Hawaii Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Less than 1 oz misdemeanor 30 days $ 1,000
1 oz – 1 lb misdemeanor 1 year $ 2,000

With intent to distribute

1 – 2 lbs felony 5 years $ 10,000
2 – 25 lbs felony 10 years $ 25,000
25 lbs or more felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle felony 5 years $ 10,000

Sale or Delivery

Less than 1 oz misdemeanor 1 year $ 2,000
1 oz – 1 lb felony 5 years $ 10,000
1 – 5 lbs felony 10 years $ 25,000
5 lbs or more felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle felony 5 years $ 10,000

Cultivation

25 – 50 plants felony 5 years $ 10,000
50 – 100 plants felony 10 years $ 25,000
100 plants or more felony 20 years $ 50,000
Less than 25 plants on another’s property felony 10 years $ 25,000
More than 25 plants on another’s property felony 20 years $ 50,000
In a structure where a minor under 16 years is present carries additional penalty

Paraphernalia

Use, possession or sale of paraphernalia felony 5 years $ 10,000
Delivery to a minor at least 3 years junior felony 10 years $ 25,000

Forfeiture

Vehicles and other property may be seized.

Hash & Concentrates

Possession misdemeanor 1 year $ 2,000
Distribution felony 10 years $ 25,000

Miscellaneous

Promoting through a minor felony 10 years $ 25,000
Within school grounds, school vehicles, or a public park felony 20 years $ 50,000
Discovery of marijuana in a vehicle may result in each occupant being charged with possession.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Hawaii Uniform Controlled Substances Act. It is also listed as a detrimental drug. Marijuana concentrates (e.g., hashish) are considered harmful drugs.

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Possession for Personal Use

Possession of less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine.

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Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant’s person or was in a compartment accessible only by occupants of that seat.

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Possession with Intent to Distribute

Possession of 1 pound or more but less than 2 pounds is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Possession of 2 pounds or more but less than 25 pounds is a class B felony punishable by up to 10 years in prison and/or $25,000 fine. Possession of 25 pounds or more is a class A felony punishable by 20 years in prison and/or $50,000 fine.

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Possession with intent to distribute any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

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Sale/Delivery

Distribution of less than 1 ounce of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Distribution of 1 ounce or more but less than 1 pound is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Distribution of 1 pound or more but less than 5 pounds is a class B felony punishable by 10 years in prison and a $25,000 fine. Distribution of 5 pounds or more of marijuana is a class A felony punishable by 20 years in prison and a $50,000 fine.

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Distribution any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

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Cultivation

Cultivation of 25 or more but less than 50 marijuana plants is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Cultivation of 50 or more but less than 100 plants is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 100 or more marijuana plants is a class A felony punishable by 20 years in prison and/or $50,000 fine.

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Cultivation of less than 25 marijuana plants on another’s property without their permission is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 25 or more plants on another’s property without their permission is a class A felony punishable by 20 years in prison and/or $50,000 fine.

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Cultivation in a structure where the individual knows a person under the age of 16 years old is present results in an additional 2 years imprisonment on top of the sentence for cultivation. However, if the cultivation occurred in a structure where an individual 18 years old or younger was present and the cultivation causes substantial bodily injury to the minor, then the additional imprisonment will be a term of 5 years.

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Hash & Concentrates

All Marijuana, including Marijuana Concentrates, is classfied as Schedule I under Hawaii law. Marijuana is classified a “detrimental drug”, whereas Marijuana Concentrates are classified as a “harmful drug”. Under Hawaiian law, hashish, tetrahydrocannabinol, and any other salt, alkaloid, mixture, compound or derivative of marijuana qualifies as a Marijuana Concentrate. Cases applying this statute have determined that Marijuana Concentrates charges should only be brought when the compound in question contains THC but does not have the outward appearance of any part of the Marijuana plant. Case law has also confirmed that there is no minimum threshold of THC content required to classify a compound as a Concentrate, even if the THC content of the compound is less than the average for plant Marijuana.

Promoting a Harmful Drug 1st Degree
• Class A Felony, up to 20 years imprisonment and a fine not exceeding $50,000
• Possession of 1 ounce or more of Marijuana Concentrates or
• Distribution of 1/8 ounce or more of Marijuana Concentrates or
• Distribution of Marijuana Concentrates to a minor in any amount

Promoting a Harmful Drug 2nd Degree
• Class B Felony, up to 10 years imprisonment and a fine not exceeding $25,000
• Possession of 1/8 ounce or more of Marijuana Concentrates or
• Distribution of any amount of Marijuana Concentrates

Promoting a Harmful Drug 4th Degree
• Misdemeanor, up to 1 year imprisonment and a fine not exceeding $2000
• Possession of any amount of Marijuana concentrates

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Paraphernalia

Use or possession of paraphernalia is a class C felony punishable by up to 5 years in prison and/or a $10,000 fine. Sale or manufacture of paraphernalia is also a class C felony. Delivery of paraphernalia by a person 18 years or older to a minor at least 3 years their junior is a class B felony punishable by up to 10 years imprisonment and/or a $25,000 fine.

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Sentencing

First time offenders who have plead or been found guilty of certain possession or distribution charges are eligible for suspended judgment and probation. Upon completion of the terms of the probation, the court shall discharge the offender and dismiss the proceedings against him. There may only be 1 discharge and dismissal for each person. Additionally, first time offenders for paraphernalia or possession charges are eligible for probation if they are non-violent, in need of substance abuse treatment, and have submitted a proposal to the court for treatment.

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Terms of imprisonment for felonies may increase if the offender has prior felony convictions or other conditions are met.

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Forfeiture

Vehicles and other property may be seized for controlled substance violations. Seizures of property may be made on probable cause that they are subject to forfeiture or by the rules of civil procedure. The seizing agency has 20 days to give notice to all parties who have an interest in the property. They have 30 days to notify the prosecuting attorney, who has 45 days to initiate the forfeiture proceedings. A prosecuting attorney may instead file administrative forfeiture proceedings.

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Miscellaneous

Promoting a controlled substance through a minor

Any person who uses an individual under the age of 18 to facilitate the distribution of a controlled substance is guilty of a class B felony punishable by B felony punishable by 10 years in prison and/or $25,000 fine, unless the offense occurred on or within school grounds, school vehicles, or a public park, in which case it is a class A felony punishable by 20 years in prison and/or $50,000 fine.

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Possession in a motor vehicle

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant person or was in a compartment accessible only by occupants of that seat.

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Driver’s license of commercial driver

Shall revoke the license of a commercial driver if convicted of the unlawful transportation, possession, or use of a controlled substance while on duty.

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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.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Florida Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

20 grams or less misdemeanor 1 year $ 1,000
More than 20 grams felony 5 years $ 5,000
Less than 25 plants felony 5 years $ 5,000
25 plants felony 15 years $ 10,000

Sale

20 grams or less without remuneration misdemeanor 1 year $ 10,000
25 lbs or less felony 5 years $ 5,000
25 – 2000 lbs (or 300-2,000 plants) felony 3* – 15 years $ 25,000
2000 – 10,000 lbs (or 2000-10,000 plants) felony 7* – 30 years $ 50,000
10,000 lbs or more felony 15* – 30 years $ 200,000
Within 1000 feet of a school, college, park, or other specified areas felony 15 years $ 10,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of hashish or concentrates felony 5 years $ 5,000
Selling, manufacturing or delivering felony 5 years $ 5,000

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 1,000

Miscellaneous

Conviction causes a driver’s license suspension for a period of 2 years

Penalty Details

Possession

Possession of 20 grams or less is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

Possession of more than 20 grams is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of 25 or more plants is a felony punishable by a maximum sentence of 15 years in jail and a fine of $10,000. Possession of less than 25 plant is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Please see:

Sale/Delivery

The delivery of 20 grams or less without remuneration is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of 25 lbs. or less is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale of 25 lbs.-2,000 lbs. (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

The sale of 2,000 lbs.-10,000 lbs. (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

The sale of 10,000 lbs. or more is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

Please see:

Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

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Possession of hashish or concentrates is a felony in the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

See:

  • Florida Criminal Code §893.13(6)(b) Web Search
  • Florida Criminal Code §775.083(1)(c),(d) Web Search
  • Florida Criminal Code §775.082(3)(d) Web Search
  • Florida Criminal Code §775.082(4)(a) Web Search

Possessing more than 3 grams of hash, selling, manufacturing, delivering, or possessing with intent to sell, manufacture or deliver, hashish or concentrates is a felony of the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

The offense is charged as a felony of the second degree if the offense occurred:
• within 1,000 feet of a child care facility between 6 A.M. and 12 midnight;
• within 1,000 feet of a park or community center;
• within 1,000 feet of a college, university or other postsecondary educational institute;
• within 1,000 feet of any church or place of worship that conducts religious activities;
• within 1,000 feet of any convenience business;
• within 1,000 feet of public housing;
• within 1,000 feet or an assisted living facility.

A felony of the second degree is punishable by a term of imprisonment no greater than 15 years and a fine no greater than $10,000.

See:

  • Florida Criminal Code §893.13(1)(a)(2) Web Search
  • Florida Criminal Code §893.13 Web Search
  • Florida Criminal Code §775.083(1)(b),(c) Web Search
  • Florida Criminal Code §775.082(3)(c),(d) Web Search
  • Rutherford v. State, 386 So.2d 881 (Fla. 1980). Web Search

Florida defines any product, equipment, or device used to make hashish or concentrates as drug paraphernalia.

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Paraphernalia

Possession of drug paraphernalia is a misdemeanor punishable by a maximum sentence of one year imprisonmenet and a maximum fine of $1,000.

Please see:

Miscellaneous

Conviction causes a driver’s license suspension for a period of 2 years.

Please see:

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.

Medical CBD

Georgia Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

1 oz or less misdemeanor 1 year $ 1,000
More than 1 oz felony 1 – 10 years $ 0

With intent to distribute

10 lbs or less felony 1 – 10 years $ 0
10 – 2000 lbs felony 5 – 30 years $ 100,000
2000 – 10,000 lbs felony 7 – 30 years $ 250,000
More than 10,000 lbs felony 15 – 30 years $ 1,000,000
Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone felony 20 -40 years $ 40,000

Sale or Delivery

10 lbs or less felony 1 – 10 years $ 0
10 – 2000 lbs felony 5 – 30 years $ 100,000
2000 – 10,000 lbs felony 7 – 30 years $ 250,000
More than 10,000 lbs felony 15 – 30 years $ 1,000,000
Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone felony 20 -40 years $ 40,000

Cultivation

10 lbs or less felony 1 – 10 years $ 0
10 – 2000 lbs felony 5 – 30 years $ 100,000
2000 – 10,000 lbs felony 7 – 30 years $ 250,000
More than 10,000 lbs felony 15 – 30 years $ 1,000,000
Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone felony 20 -40 years $ 40,000

Hash & Concentrates

Possession felony 1 – 15 years $ 0
Manufacturing, distributing, selling, or possessing with the intent to distribute felony 5 – 30 years $ 0
Subsequent offenses carry stricter penalties.

Paraphernalia

Possession or sale of paraphernalia misdemeanor 1 year $ 1,000
Second and third offenses carry additional penalties and fines.

Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Abandoning marijuana in a public place misdemeanor 1 year $ 1,000
Involving a minor felony 5 – 20 years $ 20,000
Distribution of marijuana flavored product misdemeanor N/A $ 500
Use of any communications facility felony 1 – 4 years $ 30,000
Any conviction of a marijuana possession, sale, or cultivation offense results in suspension of driving license.

Penalty Details

Marijuana is not a scheduled substance, but is regulated under the Georgia Controlled Substances Act.

See:

  • Ga. Code Ann. §§ 16-13-25 to 29, 30. Web Search

Possession for Personal Use

Possession of 1 ounce or less of marijuana is a misdemeanor punishable by up to 12 months imprisonment and/or a fine up to $1,000. Possession of over an ounce is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment.

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Possession with Intent to Distribute

Possession with intent to distribute 10 pounds or less of marijuana is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment. Possession of over 10 pounds but less than 2,000 pounds is punishable by a minimum of 5 years and maximum of 30 years imprisonment and a fine of $100,000. Possession of 2,000 pounds or more but less than 10,000 pounds is punishable by a minimum of 7 years and maximum of 30 years imprisonment and a fine of $250,000. Possession of 10,000 pounds or more is punishable by a minimum of 15 years and maximum of 30 years imprisonment and a fine of $1,000,000.

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Possession with intent to distribute within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone is a felony punishable by up to 20 years imprisonment and/or a fine up to $20,000 for a first offense. A second or subsequent offense is punishable by a minimum of 5 years and maximum of 40 years imprisonment and/or a fine up to $40,000. It is an affirmative defense that the conduct took place entirely within a private residence, no one 17 years old or younger was present, and the conduct was not committed for financial gain.

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  • Ga. Code Ann. §§ 16-13-32.4 to 32.6 Web Search

Sale/Delivery

Sale or delivery of 10 pounds or less of marijuana is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment. Sale or delivery of over 10 pounds but less than 2,000 pounds is punishable by a minimum of 5 years and maximum of 30 years imprisonment and a fine of $100,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is punishable by a minimum of 7 years and maximum of 30 years imprisonment and a fine of $250,000. Sale or delivery of 10,000 pounds or more is punishable by a minimum of 15 years and maximum of 30 years imprisonment and a fine of $1,000,000.

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Sale or delivery within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone is a felony punishable by up to 20 years imprisonment and/or a fine up to $20,000 for a first offense. A second or subsequent offense is punishable by a minimum of 5 years and maximum of 40 years imprisonment and/or a fine up to $40,000. It is an affirmative defense that the conduct took place entirely within a private residence, no one 17 years old or younger was present, and the conduct was not committed for financial gain.

See:

  • Ga. Code Ann. §§ 16-13-32.4 to 32.6 Web Search

Cultivation

Cultivation of 10 pounds or less of marijuana is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment. Cultivation of over 10 pounds but less than 2,000 pounds is punishable by a minimum of 5 years and maximum of 30 years imprisonment and a fine of $100,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is punishable by a minimum of 7 years and maximum of 30 years imprisonment and a fine of $250,000. Cultivation of 10,000 pounds or more is punishable by a minimum of 15 years and maximum of 30 years imprisonment and a fine of $1,000,000.

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Cultivation within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone is a felony punishable by up to 20 years imprisonment and/or a fine up to $20,000 for a first offense. A second or subsequent offense is punishable by a minimum of 5 years and maximum of 40 years imprisonment and/or a fine up to $40,000. It is an affirmative defense that the conduct took place entirely within a private residence, no one 17 years old or younger was present, and the conduct was not committed for financial gain.

See:

  • Ga. Code Ann. §§ 16-13-32.4 to 32.6 Web Search

Hash & Concentrates

In Georgia, hashish and concentrates that contain more than 15% THC by volume are a Schedule I substance and are punished more harshly than natural-form marijuana.

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Possessing any amount of hashish or concentrate is a felony, punishable by imprisonment of not less than one year nor more than 15 years. For subsequent violations, the violator must be imprisoned for not less than five years nor more than 30 years.

Manufacturing, distributing, selling, or possessing hashish or concentrates with the intent to distribute is a felony, which punishable by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment.

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Possession of paraphernalia with the intent to use said paraphernalia to ingest or produce hashish or concentrates is a misdemeanor, punishable by a maximum sentence of 1 year and prison and a maximum fine of $1,000.

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Manufacturing, distributing , or possessing with intent to deliver hashish or concentrates within 1,000 ft. of a school, housing project, public park, or commercial drug-free zone is a felony, punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both. Subsequent offenses bring enhanced penalties.

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Paraphernalia

Possession of paraphernalia is a misdemeanor punishable by up to 12 months imprisonment and/or a fine up to $1,000. Sale or possession with intent to distribute is a misdemeanor for the first offense punishable by up to 12 months imprisonment and/or a fine up to $1,000, a misdemeanor of a high and aggravated nature for a second offense punishable by up to 12 months imprisonment and/or a fine up to $5,000, and a felony for a third offense punishable by a minimum of 1 year and a maximum of 5 years imprisonment and a fine up to $5,000.

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Sentencing

A person who has not previously been convicted of a drug charge in any US territory may, after being convicted of or pleading guilty to a marijuana possession charge, have the proceedings against them deferred and be put on probation for up to 5 years. The probation may include mandatory drug treatment for up to 3 years. Successful completion of the terms of probation will result in result in a dismissal of the proceedings against the person.

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When a person is found guilty of a felony punishable by imprisonment for a maximum term of 10 years or less, the judge may, in his discretion, sentence that person as if it were a misdemeanor.

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Repeat felony offenses are to be sentenced by the maximum term allowed for by the felony committed.

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Forfeiture

Vehicles and other property may be seized for controlled substance violations. The seizing agency has 60 days after the seizure to initiate a forfeiture proceeding. The seizing agency must notify all those with an interest in the property. If the property value is less than $25,000, then a person with an interest in the property has 30 days to make a claim to it, to which the district attorney has 30 days to respond.

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Miscellaneous

Abandoning dangerous drugs

Anyone who abandons a controlled substance, including marijuana, in a public place is guilty of a misdemeanor punishable by up to 12 months imprisonment and/or a fine up to $1,000.

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Involvement of a minor in a marijuana offense

Involving a minor in the sale or cultivation of marijuana is a felony punishable by a minimum of 5 years and maximum of 20 years imprisonment and/or a fine up to $20,000.

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Distribution of marijuana flavored product

The sale or delivery of a marijuana flavored product to a minor is a misdemeanor punishable by a $500 fine for each offense.

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Use of communications facility in a controlled substances felony

Use of any communications facility, including a computer, a telephone, or mail, in the commission or facilitation of a drug offense that is considered a felony is punishable by a minimum of 1 and maximum of 4 years and/or a fine up to $30,000.

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Suspension of driver’s license

Any conviction of a marijuana possession, sale, or cultivation offense results in suspension of that individual’s driving license. For a first offense in 5 years, the period of suspension is at least 180 days and the restoration fee is up to $210. A second offense in 5 years results in a suspension for at least 3 years, but after 1 year the individual may apply for reinstatement for a fee up to $310. A third or subsequent offense in 5 years results in a suspension for at least 5 years, but after 2 years the individual may apply for reinstatement if certain conditions are met and they pay a fee up to $410.

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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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

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. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

District of Columbia Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Less than 1 oz civil violation none $ 25
1 oz or more misdemeanor 6 mos $ 1,000

Sale, Distribution, Intent to Distribute, and Cultivation

Transfer of less than 1 oz civil violation none $ 25
Less than 1/2 lb (first offense) not classified 6 mos $ 1,000
Any amount not classified 5 years $ 50,000
Involving a minor by a person over 21 brings additional penalty and/or fine.
Within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing may bring a doubled penalty.

Hash & Concentrates

Possession N/A 180 days $ 1,000
Manufacture N/A 5 years $ 50,000

Paraphernalia

Possessing paraphernalia violation 30 days $ 100
Selling paraphernalia not classified 2 years $ 5,000

Forfeiture

All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized.

Penalty Details

Possession

Possession or transfer of up to one ounce of marijuana is a civil violation (punishable by a $25 fine, no arrest, no jail time, and no criminal record).

Unless marijuana was obtained through a doctor’s recommendation, intentional or knowing possession of one ounce or more of marijuana is a misdemeanor with a penalty of incarceration of up to 180 days and a fine of not more than $1,000.

For a first offense: the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. This action does not qualify as a conviction.

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Sale, Distribution, Intent to Distribute, and Cultivation

An offender who been convicted of distribution, manufacture, or possession with intent to distribute may be imprisoned for not more than 5 years, fined not more than $50,000, or both. For a first conviction, and offender with no prior convictions for distribution, manufacture, or possession with intent to distribute, and who was caught with ½ lbs. or less of marijuana, may be imprisoned for not more than 180 days or fined not more than $1000 or both.

For a first offense: the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe.

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Distribution to a minor by a person over 21 brings a doubled penalty.

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The enlistment of a minor to distribute a controlled substance by one who is over 21 can be punished with up to 10 years in prison and a $10,000 fine. For a second offense, an offender can be imprisoned for no longer than 20 years and fined not more than $20,000.

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Distributing or possessing with the intent to distribute within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing may bring a doubled penalty.

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A second conviction makes the offender eligible to receive double the penalty originally stated in law.

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Hash & Concentrates

Hashish is a Schedule II drug in Washington D.C.

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Possession of hashish is punishable upon conviction with imprisonment for not more than 180 days and a fine of not more than $1,000.

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Manufacturing or selling hashish is punishable, upon conviction, with imprisonment for not more than 5 years and a fine of not more than $50,000.

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Conditional Release for 1st time offenders is available, and record expungement occurs, by request, after successful completion of the program.

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Hash pipes, sifters, and bubble bags are paraphernalia in Washington D.C., and conviction for possession of such will lead to imprisonment for not more than 30 days and a fine for not more than $100.

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Paraphernalia

Possessing paraphernalia is punishable up to 30 days or fined for not more than $100.

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Selling paraphernalia is punishable with up to 2 years and a fine of not more than $5,000.

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Any person 18 years of age or over who violates subsection (b) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his or her junior is guilty of a special offense and upon conviction may be imprisoned for not more than 8 years, fined not more than $15,000, or both.

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Forfeiture

The following are subject to forfeiture:

  1. All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter;
  2. All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, or delivering any controlled substance in violation of this chapter;
  3. All property which is used, or intended for use, as a container for said controlled substances;
  4. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of said controlled substances;
  5. All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of drug laws;
  6. All cash or currency which has been used, or intended for use, in violation of drug laws;
  7. Everything of value furnished or intended to be furnished in exchange for a controlled substance ; and
  8. Any real property that is used or intended to be used in any manner to commit or facilitate the commission of a violation of drug laws.

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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.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Delaware Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount misdemeanor 6 mos $ 1,150
Within 1,000 ft of a school felony 15 years $ 250,000
Within 300 feet of park, recreation area, church, synagogue or other place of worship felony 15 years $ 250,000

Distribution, Sale, or Manufacture

Any amount felony 5 years $ 10,000
5 – 100 lbs felony 2* – 25 years $ 25,000
100 – 500 lbs felony 4* – 25 years $ 50,000
Over 500 lbs felony 8* – 25 years $ 100,000
To a person under the age of 14 – 21 felony 5 years $ 10,000
Using a minor to distribute drugs felony 10 years $ 250,000
Within 300 feet of park, recreation area, church, synagogue or other place of worship felony 15 years $ 250,000
* Mandatory minimum sentence

Trafficking

5 – 100 lbs felony 2* – 25 years $ 25,000
100 – 500 lbs felony 4* – 25 years $ 50,000
500 lbs or more felony 8* – 25 years $ 100,000
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Use or possesses with the intent to use misdemeanor 1 year $ 2,300
Deliver or possesses with the intent to deliver felony 2 years $ 0
Deliver to a minor who is under 18 years felony 3 years $ 0

Forfeiture

All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized.

Miscellaneous

First time offenders may be placed on probation instead of sent to prison or fined.

Penalty Details

Possession for Personal Use

Possession of marijuana is a Class B misdemeanor, punishable by up to 6 months in jail and a fine not exceeding $1,150.

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Distribution, Sale, or Manufacture

Manufacturing or selling any amount of marijuana is a Class E felony punishable with up to 5 years prison and a fine not to exceed $10,000.

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Manufacturing, distributing, or possessing with the intent to distribute between 5 and 100 lbs. of marijuana is a Class B felony punishable with a mandatory minimum sentence of 2 years, a maximum sentence of 25 years, and a maximum fine of $25,000.

Manufacturing, distributing, or possessing with the intent to distribute between 100 and 500 lbs. of marijuana is a felony punishable with a mandatory minimum sentence of 4 years in prison and a fine not exceeding $50,000.

Manufacturing, distributing, or possessing with the intent to distribute over 500 lbs. of marijuana is a felony punishable with a mandatory minimum sentence of 8 years in prison and a fine not exceeding $100,000.

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Distribution to Minors

Distributing marijuana to a person under the age of 21 is a Class E felony, punishable by up to 5 years in prison and a fine not to exceed $10,000.

Distributing marijuana to a person under the age of 16 is a Class E felony, punishable by up to 5 years in prison and a fine not to exceed $10,000. 6 months of this sentence is mandatory.

Distributing marijuana to a person under the age of 14 is a Class E felony, punishable by up to 5 years in prison and a fine not to exceed $10,000. 1 year of this sentence is mandatory.

Using a minor to distribute drugs is a felony and is punishable with up to 10 years imprisonment and a fine of not more than $250,000

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Purchase of Marijuana from a Minor

Purchasing marijuana from a person who is either 16 or 17 is a Class E felony, punishable with imprisonment of up to 5 years in prison.

Purchasing marijuana from a person who is either 15 or 14 is a Class E felony, punishable with imprisonment of up to 5 years in prison, 6 months of which is a mandatory minimum sentence. Purchasing marijuana from a person who is younger than 14 is a Class E felony, punishable with imprisonment of up to 5 years in prison, 1 year of which is a mandatory minimum sentence.

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Trafficking

Any person who, on any single occasion, knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession of, in excess of 5 pounds of marijuana is guilty of a class B felony. If the quantity of marijuana involved:

  1. Is in excess of 5 pounds, but less than 100 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 2 years and shall be fined up to $25,000.
  2. Is 100 pounds or more, but less than 500 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 4 years and shall be fined up to $50,000.
  3. Is 500 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 8 years and shall be fined up to $100,000.

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Hash & Concentrates

The Delaware statute uses the general term “Marijuana” to refer to plant Cannabis and “every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.” Nowhere does the statute differentiate penalties for Marijuana and Hashish or Concentrates. Both substances are classified under Schedule 1 of the Delaware Controlled Substances schedule.

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  • Delaware CODE ANN. tit. 16 § 4701(26) Web Search
  • Delaware CODE ANN. tit. 16 Del.C. § 4714(d)(19) Web Search

Paraphernalia

Any person who uses or possesses with the intent to use drug paraphernalia is guilty of a Class A misdemeanor, punishable with confinement for up to 1 year and a fine of no more than $2,300.

Any person who delivers drug paraphernalia or possesses drug paraphernalia with the intent to deliver, is guilty of a Class G felony, punishable by up to 2 years incarceration.

Any person who delivers drug paraphernalia to another person who is under 18 yeas old is guilty of a Class E felony, punishable by up to 3 years incarceration.

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  • Delaware CODE ANN. tit. 16, §§ 4771-4774 Web Search

Forfeitures

Delaware can seize:

  1. All controlled substances which have been manufactured, distributed, possessed, dispensed or acquired;
  2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, delivering, importing or exporting any controlled substance;
  3. Any property which is used, or intended for use, as a container for property described in paragraph (1), (2) or (6);
  4. Any conveyances, including aircraft, vehicles, or vessels which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, trafficking in or possession with intent to deliver marijuana;
  5. All books, records, and research products and materials including formulas, microfilm, tapes and data which are used or intended for use in violation of this chapter;
  6. All drug paraphernalia;
  7. All moneys, negotiable instruments, securities or any other thing of value furnished, or intended to be furnished, in exchange for a controlled substance or drug paraphernalia; all profits or proceeds traceable to securities, assets or interest used, or intended to be used, to facilitate any drug crime.

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Miscellaneous

First time offenders may be placed on probation instead of sent to prison or fined. Probation includes state sponsored dug treatment, drug testing, suspension of offender’s driver’s licence, and community service. Successful completion of the program results in the charges against the individual being dropped and a conviction not appearing on the offender’s record. If the offender does commit another drug crime, however, this adjudication does count as a conviction.

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Any person who moves to the State of Delaware for the purposes of involving themselves in marijuana distribution shall be sentenced to an extra year in prison.

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Any person who possesses marijuana within 1,000 ft. of a school is guilty of a felony and will be imprisoned for not more than 15 years and fined not more than $250,000. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under the age of 18 was present in such private residence at any time during the commission of the offense and that the prohibited conduct did not involve distribution, delivery or possession of any controlled substance for profit.

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Distribution, delivery or possession of marijuana in or within 300 feet of park, recreation area, church, synagogue or other place of worship is a felony and is punishable by imprisonment for up to 15 years and a fine of not more than $250,000. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under the age of 18 was present in such private residence at any time during the commission of the offense and that the prohibited conduct did not involve distribution, delivery or possession of any controlled substance for profit.

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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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

Connecticut Laws & Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Less than 1/2 oz (first offense) civil penalty N/A $ 150
Less than 1/2 oz (subsequent offense) civil penalty N/A $ 500
1/2 – 4 oz (first offense) civil penalty 1 year $ 1,000
1/2 – 4 oz (subsequent offense) civil penalty 5 years $ 3,000
More than 4 oz (first offense) civil penalty 5 years $ 2,000
More than 4 oz (subsequent offense) civil penalty 10 years $ 5,000

Distribution or Cultivation

Less than 1 kilogram (first offense) felony 7 years $ 25,000
Less than 1 kilogram (subsequent offense) felony 15 years $ 100,000
More than 1 kilogram (first offense) felony 5* – 20 years $ 25,000
More than 1 kilogram (subsequent offense) felony 10* – 20 years $ 100,000
Within 1,500 feet of an elementary/middle school, public housing project, or daycare center is punishable by an additional 3 years imprisonment.
By a person 18 years or older to a person under 18 is punishable by an additional 2 years imprisonment.
Distribution or cultivation includes possession with intent to distribute or cultivate marijuana.
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

With the intent to use it to cultivate, distribute or inhale/ingest less than 1/2 oz civil infraction N/A $ 300
With the intent to use it to cultivate, distribute or inhale/ingest more than 1/2 oz misdemeanor 3 mos $ 500
Distributing paraphernalia or possessing with the intent to distribute misdemeanor 1 year $ 2,000
Distributing or possessing paraphernalia within 1500 feet of an elementary/middle school is punishable by an additional 1 year of imprisonment.

Forfeiture

Any item used for the cultivation or distribution of marijuana is subject to forfeiture.

Penalty Details

Possession for Personal Use

Possession of less than one-half ounce of marijuana by a first time offender carries a civil penalty of $150.

Possession of less than one-half ounce for subsequent offenses carries a penalty of a civil fine between $200 and $500.

Possession of more than one-half ounce of marijuana but less than four ounces of marijuana by a first time offender can be punished with a prison term not to exceed one year and a $1,000 fine.

Possession of more than one-half ounce of marijuana but less than four ounces of marijuana after a first offense carries a penalty of imprisonment for a term not to exceed five years and a fine not to exceed $3,000.

For first offenders, possession of more than 4 ounces of marijuana is punishable by a fine of up to $2,000 and/or up to 5 years of imprisonment. Subsequent offenses are punishable by a fine of up to $5,000 and/or up to 10 years of imprisonment.

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Distribution or Cultivation

Distribution or cultivation includes possession with intent to distribute or cultivate marijuana.

For first offenders distribution or cultivation of under 1 kilogram of marijuana is punishable by a fine of up to $25,000 and/or up to 7 years of imprisonment. Subsequent offenses are punishable by a fine of up to $100,000 and/or up to 15 years of imprisonment.

The court may prescribe an alternative sentence of up to 3 years imprisonment. The offender may then be released at any time during those 3 years and placed on probation for the remainder of their term.

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For first offenders distribution or cultivation of greater than 1 kilogram of marijuana is punishable by 5-20 years of imprisonment. Subsequent offenses are punishable by up 10-20 years of imprisonment. The court cannot reduce a sentence below the minimum years of prison time required by the statute, this means that first offenders face a minimum of 5 years imprisonment and subsequent offenders a minimum of 10 years imprisonment. The court may make exceptions to these mandatory minimum sentences if the defendant is under 18 or is/was mentally impaired.

For non-violent first offenders, the court may depart from the mandatory minimum sentence if a particular reason is stated.

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