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Incarceration |
Fine |
| Possession |
| Any amount (first offense) |
misdemeanor |
6 months |
$500 |
| Any amount (second offense) |
misdemeanor or felony |
5 years |
$2,000 |
| Any amount (third or subsequent offense) |
felony |
20 years |
variable |
| Possession within 1,000 feet of school,
church or public housing |
felony |
MMS* of 1/2 maximum penalty |
variable |
| *Mandatory minimum sentence. |
| Sale or Cultivation (or possession with
intent to sale) |
| Less than 60 lbs |
felony |
5 - 30 years |
$50,000 |
| 60 - 2,000 lbs |
felony |
10 - 60 years |
$50,000 - $100,000 |
| 2,000 - 10,000 lbs |
felony |
20 - 80 years |
$100,000 - $400,000 |
| More than 10,000 lbs |
felony |
50 - 80 years |
$400,000 - $1,000,000 |
| Sale to minor at least 3 years younger than
the seller |
felony |
double penalty |
double penalty |
| Sale within 1,000 feet of school, or specifed
areas |
felony |
MMS* of 1/2 maximum penalty |
variable |
| *Mandatory minimum sentence. |
| Miscellaneous (paraphernalia,
license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession or sale (first
offense) |
misdemeanor |
6 months |
$500 |
| Paraphernalia possession or sale (second
offense) |
misdemeanor |
1 year |
$1,000 |
| Paraphernalia possession or sale (third
offense) |
misdemeanor or felony |
5 years |
$5,000
|
| Details |
|
Possession of any amount of marijuana is punishable by up
to six months in jail and a fine of up to $500 for a first
offense. For a second offense the penalties increase to up to
five years in prison and a fine of up to $2,000. A third or
subsequent offense increases the penalty to up to 20 years in
prison.
Cultivation or sale, or possession with intent to
distribute less than 60 pounds of marijuana is punishable by 5
- 30 years in prison and a fine of up to $50,000. For greater
than 60 pounds of marijuana the penalty increases to 10 - 60
years in prison and a fine of up to $50,000 - $100,000. For
greater than 2,000 pounds the punishment ranges from 20 - 80
years in prison and a fine of $100,000 - $400,000. For greater
than 10,000 pounds the penalty increases to 50 - 80 years in
prison and a fine of $400,000 - $1,000,000.
Any sale to a minor at least three years younger than the
seller doubles the possible penalties.
For felony possession or sale within 1,000 feet of a
school, religious building or public housing the penalty
includes a mandatory minimum sentence of at least one half of
the maximum penalty for the offense.
Possession or sale of paraphernalia is punished by up to
six months in jail and a fine of up to $500 for the first
offense. For a second offense, the penalty increases to up to
one year in jail and a fine of up to $1,000. For a third
offense, the penalty is up to five years in prison and a fine
of up to $5,000. |
|
 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.
 Marijuana tax stamps: This state has a marijuana tax
stamp law enacted. This law mandates that those who possess
marijuana are legally required to purchase and affix state-issued
stamps onto his or her contraband. Failure to do so may result in a
fine and/or criminal sanction.
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State tax stamps
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