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
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.
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.