|Year Law Last Passed||2012|
|How Law Was Passed||House Bill 5389 (96-51 H, 21-13 S)|
|Possession Limit||2.5 oz usable|
Laws, Limits and Penalties
|Less than 1/2 oz (first offense)||Civil Penalty||N/A||$ 150|
|Less than 1/2 oz (subsequent offense)||Civil Penalty||N/A||$ 500|
|More than 1/2 oz||Misdemeanor||1 year||$ 2,000|
|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|
|1 kilogram or more (first offense)||Felony||5* - 20 years||$ 25,000|
|1 kilogram or more (subsequent offense)||Felony||10* - 25 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.|
|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 months||$ 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.|
|Any item used for the cultivation or distribution of marijuana is subject to forfeiture.|
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.
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
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. .
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.
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: Medical Use.
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.