| Year Law Last Passed | 2004 |
| How Law Was Passed | Initiative 148 (62%) |
| Possession Limit | 1 oz usable; 4 plants (mature); 12 seedlings |
Laws, Limits and Penalties
| Offense | Penalty | Incarceration | Max. Fine |
| Possession | |||
| Personal Use | |||
| 60g or less(first offense) | Misdemeanor | 6 months | $ 500 |
| 60g or less(second offense) | Misdemeanor | 3 years | $ 1,000 |
| More than 60g | Felony | 5 years | $ 50,000 |
| With intent to distribute | |||
| Any amount | Felony | 20 years | $ 50,000 |
| Sale or Delivery | |||
| Any amount with or without compensation | Felony | 1 year* - life | $ 50,000 |
| From an adult to a minor | Felony | 2 years* | $ 50,000 |
| Within 1000 feet of school grounds | Felony | 3 years* - life | $ 50,000 |
| * Mandatory minimum sentence | |||
| Cultivation | |||
| 1 lb or less or 30 plants or less | Felony | 10 years | $ 50,000 |
| More than 1 lb or more than 30 plants | Felony | 2 years - life | $ 50,000 |
| Second or subsequent offense is punishable by twice the term of imprisonment and twice the authorized fine. | |||
| Hash & Concentrates | |||
| Possession of 1 gram or less (first offense) | Misdemeanor | 6 months | $ 500 |
| Possession of 1 gram or less (subsequent offense) | Misdemeanor | 3 years | $ 1,000 |
| Possession of more than 1 g | Felony | 5 years | $ 1,000 |
| Manufacture | Felony | 10 years | $ 50,000 |
| Penalties for the sale or possession with the intent to sell hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
| Paraphernalia | |||
| Possession, manufacture, or delivery of paraphernalia | Misdemeanor | 6 months | $ 500 |
| To a person under 18 who is at least 3 years younger | Misdemeanor | 1 year | $ 1,000 |
| Civil Asset Forfeiture | |||
| Vehicles and other property may be seized. | |||
| Miscellaneous | |||
| Use or possession of property subject to criminal forfeiture | Felony | 10 years | N/A |
| Continuing criminal enterprise results is a felony punishable by double or triple fine and imprisonment. | |||
| Possession of marijuana on a train results in additional penalties. | |||
| Storing marijuana results in additional fines. | |||
| Anyone convicted of a misdemeanor must attend a mandatory drug education course. | |||
| Imprisonment for felonies may be eligible for suspended or deferred imposition, which may include commitment to a drug treatment facility, community service, or driver's license revocations. |
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.
Local Decriminalization
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
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.
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. .
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.
Medical Marijuana
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.