Laws, Limits and Penalties
|Less than 10 g||Civil Offense||None||$ 100|
|10g - less than 50 lbs||Misdemeanor||1 year||$ 1,000|
|50 lbs or more||Felony||5 years*||$ 100,000|
|Offenses involving the use of marijuana in public carries a civil fine of up to $500|
|Increased fines for subsequent offenders|
|With intent to distribute|
|Less than 50 lbs||Felony||5 years||$ 15,000|
|50 lbs or more**||Felony||5 years*||$ 15,000|
|More than 50 lbs (drug kingpin)||Felony||20* - 40 years||$ 1,000,000|
|In a school vehicle, or in, on, or within 1000 feet of an elementary or secondary school||Felony||20 years||$ 20,000|
|Subsequent violation||Felony||5* - 40 years||$ 40,000|
|Involving a minor||Felony||20 years||$ 20,000|
|* Mandatory minimum sentence|
|** Subsequent offense carries a mandatory minimum sentence of 2 years|
|More than 5 - less than 45 kg||Felony||10 years||$ 10,000|
|45 kg or more||Felony||25 years||$ 50,000|
|In possession of a firearm while trafficking||Felony||5* - 20 years||N/A|
|* Mandatory minimum sentence|
|See Possession section for details.|
|Hash & Concentrates|
|Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.|
|Possession of drug paraphernalia||Civil Offense||None||$ 0|
|Sale/Advertising distribution of drug paraphernalia||Misdemeanor||None||$ 500|
|Subsequent violation||Misdemeanor||2 years||$ 2,000|
|Selling to a minor who is at least 3 years younger||Misdemeanor||8 years||$ 15,000|
|Possession/Sale controlled paraphernalia||Misdemeanor||1 year||$ 1,000|
|Paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana.|
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.
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.
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have their record expunged.
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.