Laws, Limits and Penalties
Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
Any amount (first offense) | Misdemeanor | 6 months | $ 1,000 |
Any amount (subsequent offense) | Felony | 3.5 years | $ 10,000 |
Sale or Delivery | |||
200 g or less | Felony | 3.5 years | $ 10,000 |
200 - 1000 g | Felony | 6 years | $ 10,000 |
1000 - 2500 g | Felony | 10 years | $ 25,000 |
2500 - 10,000 g | Felony | 12.5 years | $ 25,000 |
More than 10,000 g | Felony | 15 years | $ 50,000 |
Includes possession with intent to distribute | |||
Subsequent offense is subject to additional penalties | |||
Cultivation | |||
4 plants or fewer | Felony | 3.5 years | $ 10,000 |
4 - 20 plants | Felony | 6 years | $ 10,000 |
20 - 50 plants | Felony | 10 years | $ 25,000 |
50 - 200 plants | Felony | 12.5 years | $ 25,000 |
More than 200 plants | Felony | 15 years | $ 50,000 |
Subsequent offense is subject to additional penalties | |||
Hash & Concentrates | |||
Penalties for hashish and marijuana are generally treated equally under the law. Please see details below. | |||
Paraphernalia | |||
Use or possession with intent to use paraphernalia | Misdemeanor | 30 days | $ 500 |
Sale or distribution of paraphernalia | Misdemeanor | 90 days | $ 1,000 |
Selling to a minor | Misdemeanor | 9 months | $ 10,000 |
Civil Asset Forfeiture | |||
All controlled substances and items used to distribute, including vehicles, are subject to forfeiture. | |||
Miscellaneous | |||
Driving privileges may be suspended for 6 months - 5 years. |
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
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.
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. .
Medical CBD
This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.