Laws, Limits and Penalties
| Offense | Penalty | Incarceration | Max. Fine |
| Possession | |||
| Personal Use | |||
| 3 oz or less | Misdemeanor | 1 year | $ 1,000 |
| 3 oz - less than 1 lb | Felony | 5 years | $ 10,000 |
| With intent to distribute | |||
| 1 - less than 5 lbs or 25 - less than 50 plants | Felony | 1 year* | $ 50,000 |
| 5 - less than 25 lbs or 50 - less than 100 plants | Felony | 3 years* | $ 50,000 |
| 25 lbs or more or 100 plants or more | Felony | 5 years* | $ 50,000 |
| 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 | |||
| 1 - less than 5 lbs or 25 - less than 50 plants | Felony | 1 year* | $ 50,000 |
| 5 - less than 25 lbs or 50 - less than 100 plants | Felony | 3 years* | $ 50,000 |
| 25 lbs or more or 100 plants or more | Felony | 5 years* | $ 50,000 |
| Where a person under the age of 18 is present | Felony | 5 years | $ 50,000 |
| * Mandatory minimum sentence | |||
| Cultivation | |||
| 1 - less than 5 lbs or 25 - less than 50 plants | Felony | 1 year* | $ 50,000 |
| 5 - less than 25 lbs or 50 - less than 100 plants | Felony | 3 years* | $ 50,000 |
| 25 lbs or more or 100 plants or more | Felony | 5 years* | $ 50,000 |
| Where a person under the age of 18 is present | Felony | 5 years | $ 50,000 |
| * 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 | |||
| Use or intoxication in public | Misdemeanor | 6 months | $ 1,000 |
| Presence at location where marijuana is cultivated or stored | Misdemeanor | 3 months | $ 300 |
| Maintaining a structure used for selling or storing marijuana | Misdemeanor | 1 year | $ 25,000 |
| Possession of marijuana and under the age of 18 will result in driver's license revocation for a period of not more than 1 year. |
Details
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.
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.