Laws, Limits and Penalties
|Less than 1/2 oz (first offense)||Misdemeanor||30 days||$ 500|
|Less than 1/2 oz (subsequent offense)||Misdemeanor||1 year||$ 2,500|
|1/2 oz - 5 lbs||Felony||1* - 10 years||$ 2,500|
|5 lbs - 100 kg||Felony||5* - 30 years||$ 1,000|
|More than 100 kg||Felony||20 years* - life||$ 100,000|
|To a minor who is at least 3 years younger||Felony||2* - 50 years||$ 100,000|
|Within 1000 ft of a school or school bus stop||Felony||1* - 5 years||$ 100,000|
|Manufacture of marijuana||Felony||5* - 30 years||$ 10,000|
|Transporting more than 5 lbs into the state||Felony||5* - 40 years||$ 1,000,000|
|Includes possession with intent to distribute|
|* Mandatory minimum sentence|
|Hash & Concentrates|
|Possessing hashish oil||Felony||1 - 10 years||$ 2,500|
|Manufacturing, selling, giving, distributing, or possessing with intent||Felony||5 - 40 years||$ 500,000|
|Bringing more than 1 oz of hashish oil into the state||Felony||5 - 40 years||$ 1,000,000|
|Subsequent offenses carry greater penalties|
|Sale or possession with intent to sell paraphernalia||Misdemeanor||1 year||$ 2,500|
|To a minor who is at least 3 years younger||Felony||1 year||$ 2,500|
|Civil Asset Forfeiture|
|Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.|
|Maintaining a fortified drug house||Felony||1* - 10 years||N/A|
|* Mandatory minimum sentence|
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.
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.
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 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.