Laws, Limits and Penalties
|Any amount (first offense)||Misdemeanor||1 year||$ 1,000|
|Any amount (subsequent offense)*||Misdemeanor||1 year||$ 1,000|
|* Effective 07/01/2017|
|Sale or Distribution|
|Less than 25 lbs||Felony||2 years - life||$ 20,000|
|25 - 1000 lbs||Felony||4 years - life||$ 100,000|
|1000 lbs or more||Felony||4 years - life||$ 500,000|
|To a minor carries a double period of incarceration and fine.|
|Within 2000 feet of schools, public parks, or public housing carries a double period of incarceration and fine, and a mandatory minimum sentence.|
|See Possession and Sale sections for details.|
|Hash & Concentrates|
|Possession||Misdemeanor||1 year||$ 1,000|
|Distributing, dispensing, transporting or possession with intent||Felony||2 years - life||$ 20,000|
|Converting marijuana into hashish or concentrates||Felony||2 years - life||$ 50,000|
|Possession of paraphernalia (first offense)||Misdemeanor||1 year||$ 1,000|
|Possession of paraphernalia (second offense)||Misdemeanor||1 year||$ 5,000|
|Possession of paraphernalia (third offense)||Misdemeanor||1 year||$ 10,000|
|Any conviction will lead to a driver's license suspension from 6 months - 3 years.|
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.
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.
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.
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.