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Incarceration |
Fine |
| Possession |
| Usable amount with proof of physician's
recommendation |
none |
none |
none |
| "Usable Amount" (under <1.25 oz) |
civil violation |
none |
$350 - $600
subsequent violation within 6 months $550 |
| 1.25 oz or more |
Presumption of Sale,
Rebuttable |
| Cultivation |
| 5 plants or less |
class E misdemeanor |
6 months |
$1,000 |
| 5 - 100 plants |
class D misdemeanor |
1 year |
$2,000 |
| 100 - 500 plants |
class C felony |
5 years |
$5,000 |
| More than 500 plants |
class B felony |
10 years |
$20,000 |
| Sale |
| 1 lb or less |
class D misdemeanor |
1 year |
$2,000 |
| 1 lb - 20 lbs |
class C felony |
5 years |
$5,000 |
| 20 lbs or more |
class B felony |
10 years |
$20,000 |
| Sale to minor or within 1,000 feet of a
school or on a school bus |
felony |
5 years |
$5,000 |
| Miscellaneous (paraphernalia,
license suspensions, drug tax stamps, etc...) |
| Paraphernalia possession and use |
civil violation |
none |
$200 |
| Paraphernalia sale |
misdemeanor |
6 months |
$1,000 |
| Paraphernalia sale to a minor |
misdemeanor |
1 year |
$2,000 |
Any conviction may cause
professional license suspension or
revocation.
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| Details |
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Possession of less than 1.25 ounces is a civil violation, punishable by a
fine of $200 - $400. Possession of 1.25 ounces or more is considered evidence of
intent to distribute and is punished as such (see below).
Possession of a usable amount of marijuana is lawful if at the time of the
possession the person has an authenticated copy of a medical record
demonstrating that the person has a physician's recommendation.
Cultivation of five plants or less of marijuana is punishable by up to six
months in jail and a fine of up to $1,000. For greater than five plants, the
penalties increase to up to one year in jail and a fine of up to $2,000. For
greater than 100 plants the possible punishment is up to five years in prison
and a fine of up to $5,000. For any amount of plants greater than 500, the
penalties increase to up to ten years in prison and a fine of up to $20,000.
The penalty for sale of marijuana is up to one year in jail and a fine up to
$2,000. The penalties increase to up to five years in prison and a fine of up to
$5,000 if the sale was made to a minor or if it occurred within 1,000 feet of a
school or on a school bus.
Possession of greater than one pound of marijuana is considered trafficking
and is punishable by up to one year in jail and a fine of up to $2,000.
Possession and personal use of paraphernalia is a civil violation punishable
by a fine of $200. The sale of paraphernalia is punishable by up to six months
in prison and a fine of up to $1,000, unless the sale was to a minor, in which
case the penalty increases to up to one year in jail and a fine of up to
$2,000.
Upon conviction, the court may suspend or revoke the professional license of
the offender. |
|
 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.
Hemp: This state has an active hemp
industry. 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.
section.
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