Laws, Limits and Penalties
|1 oz or less||civil offense||N/A||$ 200|
|More than 1 oz (first offense)||not classified||1 year||$ 5,000|
|More than 1 oz (subsequent offense)||not classified||2 years||$ 10,000|
|Distribution or Cultivation|
|Any amount (first offense)||not classified||5 years||$ 15,000|
|Any amount (subsequent offense)||not classified||10 years||$ 30,000|
|To a minor (first offense)||not classified||15 years||$ 60,000|
|To a minor (subsequent offense)||not classified||30 years||$ 90,000|
|50 - 200 lbs||not classified||3 years*||$ 25,000|
|201 - 1000 lbs||not classified||5 years*||$ 50,000|
|More than 1000 lbs||not classified||15 years*||$ 200,000|
|Within 1000 ft of a school, university, park, or beach is punishable by an additional mandatory minimum sentence of 2 years imprisonment.|
|Includes possession with intent to distribute|
|* Mandatory minimum sentence|
|Hash & Concentrates|
|Trafficking 1 - 10 lbs||not classified||3 years*||$ 25,000|
|Trafficking 10 - 100 lbs||not classified||5 years*||$ 50,000|
|Trafficking more than 100 lbs||not classified||15 years*||$ 200,000|
|*Mandatory Minimum Sentence|
|Penalties for hashish and marijuana are generally treated equally under the law with the exception of Trafficking.|
|Use or possession with intent to use paraphernalia||not classified||1 year||$ 5,000|
|Distribution or possession with intent to distribute paraphernalia||not classified||3 years||$ 15,000|
|Civil Asset Forfeiture|
|All containers and all vehicles used for possession or distribution are subject to forfeiture.|
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.
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.