The penalty for possession of one ounce or less of
marijuana is a misdemeanor and is punishable by up to one year
in prison and a fine of up to $1,000. The court may defer the
proceedings and grant probation for no less than one year.
Upon granting probation, the court may require drug treatment.
If the terms of the probation are fulfilled, the court can
discharge and dismiss the proceedings.
There is a rebuttable presumption that any possession
greater than one ounce is possession for sale.
Possession for sale or cultivation of marijuana is a
felony. For amounts greater than one ounce the punishment is 4
- 10 years in prison and a fine of up to $25,000. For amounts
of ten pounds or more the sentence can range from 5 - 20 years
in prison and a fine of $15,000 - $50,000. For any amounts of
100 pounds or more the punishment is 6 -10 years in prison and
a fine of $15,000 - $100,000.
Second convictions of possession, sale, delivery or
cultivation can result in sentences up to twice that allowed
for first offenses.
Any sale to a minor at least three years younger than the
seller can double the above penalties.
Any sale within 1000 feet of a school, public park,
community or recreation center, public housing, day care
center, church, skating rink or video arcade increases the
penalty for the offense by 10 years.
Minors convicted of any drug offense are subject to a
driver's license suspension of six months.
Possession or use of drug paraphernalia in furtherance of a
felony violation is punishable by 3 - 10 years in prison and a
fine of up to $10,000.