Eligible for probation with first conviction, dismissal of charges upon completion.
Sale or Cultivation
Any amount
felony
5 years
$50,000
Within 1000 feet of school or other specified area
felony
double penalty
double penalty
Sale to minor
felony
double penalty
double penalty
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession
misdemeanor
30 days
$100
Paraphernalia sale
misdemeanor
6 months
$1,000
Paraphernalia sale to a minor
felony
8 years
$15,000
Any conviction can result in suspension of driver's license, 6 months - 2 years.
Details
Possession of any amount of marijuana is a misdemeanor and is punishable by up to six months in jail and a fine of up to $1,000. First time offenders are eligible for probation and dismissal of the charges upon successful completion of the probation contract.
The cultivation, sale or delivery of any amount of marijuana is punishable by up to one year in jail and a fine of up to $10,000. If the distribution occurs within 1000 feet of a school, pool, playground, arcade, library, youth center, or public housing or if the distribution is made to a minor the penalties can be doubled.
Upon conviction of a drug offense, the offender's driver's license can be suspended from six months to two years.
The possession of paraphernalia is punishable by up to 30 days in jail and a $100 fine. The sale of paraphernalia is punishable by up to six months in jail and a fine of up to $1,000 unless the sale is made to a minor, in which case the penalty increases to a possible eight years in prison and a fine of up to $15,000.
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.
NORML and the
NORML Foundation: 1600 K Street NW, Suite 501, Washington
DC, 20006-2832
Tel: (202) 483-5500 • Fax: (202) 483-0057 • Email: norml@norml.org