| Year Law Last Passed | 1998 |
| How Law Was Passed | Initiative 692 (59%) |
| Possession Limit | 8 oz usable; 6 plants |
Laws, Limits and Penalties
| Offense | Penalty | Incarceration | Max. Fine |
| Possession | |||
| Personal Use | |||
| 1 oz or less (private possession/consumption) | No Criminal Penalty | None | $ 0 |
| 1 oz or less (public consumption) | Civil Penalty | None | $ 100 |
| 1 oz - 40 g | Misdemeanor | 24 hours* - 90 days | $ 1,000 |
| More than 40 g | Felony | 5 years | $ 10,000 |
| * Mandatory minimum sentence | |||
| With intent to distribute | |||
| Any amount | Felony | 5 years | $ 10,000 |
| Sale or Distribution | |||
| Any amount | Felony | 5 years | $ 10,000 |
| To a minor at least 3 years younger | Felony | 10 years | $ 10,000 |
| Within 1000 ft of a school, school bus stop or in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by double fines and imprisonment. | |||
| Cultivation | |||
| Any amount | Felony | 5 years | $ 10,000 |
| Within 1000 ft of a school, school bus stop or in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by double fines and imprisonment. | |||
| Hash & Concentrates | |||
| 16 oz or less marijuana-infused product solid form | No Criminal Penalty | None | $ 0 |
| 72 oz or less marijuana-infused product liquid form | No Criminal Penalty | None | $ 0 |
| 7 g marijuana concentrate | No Criminal Penalty | None | $ 0 |
| Possession of more than 40 g | Felony | 5 years | $ 10,000 |
| Manufacture, sale, delivery or possession with intent | Felony | 5 years | $ 10,000 |
| Subsequent offenses carry greater penalties. | |||
| Patients may possess hash and concentrates for medical use. See details section. | |||
| Paraphernalia | |||
| Advertisement | Misdemeanor | 24 hours* - 90 days | $ 1,000 |
| * Mandatory minimum sentence | |||
| Civil Asset Forfeiture | |||
| Vehicles and other property may be seized. | |||
| Miscellaneous | |||
| Knowingly maintaining a structure used for drug offenses | Felony | 5 years | $ 10,000 |
| Controlled substances homicide | Felony | 10 years | $ 20,000 |
| Parents of a minor to whom a controlled substance was sold or transferred have a cause of action against the seller. | |||
| Juveniles will have their driving privileges revoked. |
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.
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.
Expungement
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have their record expunged.
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. .
Legalization
This state has legalized marijuana for recreational use.
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.