Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession or use
misdemeanor
1 year
$5,000
Paraphernalia manufacture, delivery or sale
felony
3 years
$15,000
Details
Possession of marijuana is punishable by up to one year in jail and a fine up to $5,000 for the first offense. For the second offense, the penalty increases to a possible two years in prison and a fine up to $10,000. For first time offenders, conditional discharge is available.
The sale or delivery of a small amount of marijuana for no remuneration is treated as possession and punished as such.
The manufacture, sale or delivery of 50 pounds or less of marijuana is punishable by up to five years in prison and a fine up to $15,000 for the first offense and by up to 10 years in prison and a fine up to $30,000 for subsequent offenses.
Any manufacture, sale or delivery greater than 50 pounds is considered trafficking. All trafficking convictions carry a mandatory minimum sentence. For greater than 50 pounds the mandatory minimum sentence is three years in prison and a fine up to $25,000. For 200 pounds or more, the mandatory minimum sentence is five years in prison and a fine up to $50,000. For manufacture, sale or delivery of any amount of 1,000 pounds or more, the punishment is a mandatory minimum sentence of 15 years in prison and a fine up to $200,000.
Any sale or delivery to a minor doubles the possible penalties. Any sale within 1,000 feet of a school, public park, playground or public beach adds an additional two-year mandatory minimum to the sentence.
The use or possession of paraphernalia is punishable by up to one year in jail and a fine up to$5,000. The manufacture, delivery of sale of paraphernalia is punishable by up to three years in prison and a fine 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.
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.
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
conditional 
mandatory 
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.
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.
