Laws, Limits and Penalties
Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
Less than 8 oz | Misdemeanor | 45 days | $ 250 |
Sale or Trafficking | |||
Less than 8 oz (first offense) | Misdemeanor | 1 year | $ 500 |
Less than 8 oz (subsequent offense) | Felony | 1 - 5 years | $ 10,000 |
8 oz - 5 lbs (first offense) | Felony | 1 - 5 years | $ 10,000 |
8 oz - 5 lbs (subsequent offense) | Felony | 5 - 10 years | $ 10,000 |
5 lbs or more (first offense) | Felony | 5 - 10 years | $ 10,000 |
5 lbs or more (subsequent offense) | Felony | 10 - 20 years | $ 10,000 |
To a minor (first offense) | Felony | 5 - 10 years | $ 10,000 |
To a minor (subsequent offense) | Felony | 10 - 20 years | $ 10,000 |
Within 1000 yards of a school or park | Felony | 1 - 5 years | $ 10,000 |
Cultivation | |||
Less than 5 plants (first offense) | Misdemeanor | 1 year | $ 500 |
Less than 5 plants (subsequent offense) | Felony | 1 - 5 years | $ 10,000 |
5 plants or more (first offense) | Felony | 1 - 5 years | $ 10,000 |
5 plants or more (subsequent offense) | Felony | 5 - 10 years | $ 10,000 |
Hash & Concentrates | |||
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia | |||
Possession of paraphernalia | Misdemeanor | 1 year | $ 500 |
Details
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
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.
Hemp
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. .
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.