*A positive urine test or other evidence of recent marijuana use is considered possession.
Sale or Cultivation
Delivery of less than 1/2 oz
misdemeanor
15 days MMS** - 1 year
$1,000
1 oz or less
felony
2 years
$2,000
1 to 8 oz
felony
5 years
$5,000
8 oz to 1 lb
felony
10 years
$10,000
1 lb or more
felony
15 years
$15,000
To a minor
felony
10 years
$10,000
Within 1,000 feet of a school or within 500 feet of specified areas.
felony
5 years MMS**
$10,000
**Mandatory minimum sentence. All convictions carry the MMS of 30 days (first offense), 1 year (subsequent offense).
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession
misdemeanor
30 days
$200
Inhabiting a room where marijuana is being stored or used
misdemeanor
1 year
$1,000
Details
Possession of two ounces or less of marijuana is a misdemeanor and is punishable by up to one year in jail and a fine up to $1,000. Possession of less than eight ounces is punishable by up to two years in prison and a fine up to $2,000. For less than one pound, the penalty increases to a possible five years in prison and a fine up to $5,000. Possession of 10 pounds or less carries up to 10 years in prison and a fine up to $10,000. For amounts over 10 pounds, the penalty is up to 15 years in prison and a fine up to $15,000.
A positive urine test or other evidence of recent marijuana use is considered possession and is punished as such.
Inhabiting a room where marijuana is being stored or used is punishable my up to one year in jail and a fine of up to $1,000.
Transferring less than one-half ounce of marijuana for no remuneration is punishable by not less than 15 days and not more than one year in jail and a fine up to $1,000. Cultivation, delivery or sale of one ounce or less is punishable by up to two years in prison and a fine up to $2,000. For amounts less than eight ounces the penalties increase to a possible five years in prison and a fine up to $5,000. Cultivation, delivery or sale of less than one pound carries a penalty of up to 10 years in prison and a fine up to $10,000. For any amounts of one pound or more, the penalty increases to a possible 15 years in prison and a fine up to $15,000.
All convictions for sale, cultivation or distribution carry a mandatory minimum sentence of 30 days for the first offense and one year for the second or subsequent offense.
Any sale to a minor is punishable by up to ten years in prison and a fine of up to $10,000. Any sale within 1,000 feet of a school or within 500 feet of a youth center, public pool or video arcade carries a penalty of a five-year mandatory minimum prison sentence.
The use or possession of paraphernalia is punishable by up to 30 days in jail and a fine up to $200.
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.
Drugged driving:
This state has a zero tolerance per se drugged driving law enacted. In
their strictest form, these laws forbid drivers from operating a motor vehicle if they have any 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.
For more information, see NORML's Drugged Driving (DUID) report.
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
mandatory 
drugged driving 
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.
Drugged driving:
This state has a zero tolerance per se 
