Laws, Limits and Penalties
|1 oz or less (first offense)||Infraction||N/A||$ 300|
|1 oz or less (second offense)||Misdemeanor||5 days||$ 500|
|1 oz or less (third offense)||Misdemeanor||7 days||$ 500|
|More than 1 oz - l lb||Misdemeanor||3 months||$ 500|
|More than l lb||Felony||5 years||$ 10,000|
|Any amount||Felony||1* - 20 years||$ 25,000|
|To a minor within 1000 feet of a school or between 100-1000 feet of other designated areas (first offense)||Felony||1* - 50 years||N/A|
|Subsequent offense||Felony||3 years* - life||N/A|
|* Mandatory minimum sentence|
|See Sale/Manufacture section for penalty details.|
|Hash & Concentrates|
|Possession||Felony||5 years||$ 10,000|
|Selling, manufacturing, or possessing with the intent to distribute||Felony||1 - 20 years||$ 25,000|
|Possession of paraphernalia (first offense)||Infraction||N/A||$ 100|
|Sale||Misdemeanor||6 months||$ 1,000|
|Sale to a minor||Misdemeanor||1 year||$ 1,000|
|Advertise||Misdemeanor||3 months||$ 500|
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.
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 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.