Laws, Limits and Penalties
|Up to 10g (first offense)||Misdemeanor||None||$ 500|
|Up to 10g (second offense)||Misdemeanor||1 year||$ 2,000|
|More than 10g - 35 g||Misdemeanor||1 year||$ 2,000|
|More than 35 g - 30 kg||Felony||7 years||$ 10,000|
|Possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute.|
|Sale, Trafficking, or Distribution|
|35 g or less||Felony||4 years||$ 10,000|
|More than 35 g - 30 kg||Felony||3 - 10 years||$ 10,000|
|To a minor||Felony||3 - 15 years||Twice profit|
|Distribution near school, recreational park or public housing||Felony||10 - 30 years, or life||Twice profit|
|Possess or bring into the state more than 30 - less than 100 kg||Felony||3 - 10 years||$ 10,000|
|Possess or bring into the state 100 kg or more||Felony||5 - 15 years||Twice profit|
|Possess or bring into the state 500 plants or more||Felony||5 - 15 years||Twice profit|
|Distribute, manufacture 30 - less than 100 kg||Felony||5 - 15 years||Twice profit|
|Distribute, manufacture 100 kg or more||Felony||10 - 30 years, or life||Twice profit|
|35 g or less||Felony||4 years||$ 10,000|
|More than 35 g||Felony||3 - 10 years||$ 10,000|
|Near a school||Felony||5 - 15 years||Twice profit|
|Hash & Concentrates|
|Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.|
|Possession of paraphernalia (first offense)||Misdemeanor||None||$ 500|
|Possession of paraphernalia (second offense)||Misdemeanor||1 year||$ 2,000|
|Unlawful manufacture||Misdemeanor||1 year||$ 2,000|
|Commercial purposes||Felony||4 years||$ 10,000|
|Public Nuisance - keeping or maintaining room or building used for manufacture, storage or sale is a Felony punishable by up to 4 years imprisonment and a $10,000 fine.|
|Prior Drug Offender - if found guilty of any felony offense relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced to one class higher than the offense.|
|Persistent Drug Offender - if found guilty of two or more felony offenses relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced two classes higher than the offense. If found guilty of a Class B felony, the offender shall be sentenced to the term of imprisonment for a Class A felony—10 to 30 years, or life.|
|Abuse and Lose - Possession of controlled substance results in 90-day suspension of driving privilege if under 21. Persons 21 and over will have driving privilege revoked for one year if found in violation of possession or use of controlled substance while operating a motor vehicle.|
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 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 passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC for any "medical condition" for which a physician recommends it.