Manufacture / Distribution / Delivery / Possession With Intent
Less Than 200 g / 1-4 Plants
felony
3.5 years
$10,000
200-1,000 g / 5-20 plants
felony
6 years
$10,000
1,000-2,500 g / 21-50 plants
felony
10 years
$25,000
2,500-10,000 g / 51-200 plants
felony
12.5 years
$25,000
10,000 g or more / 200 plants or more
felony
15 years
$25,000
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession
misdemeanor
30 days
$500
Paraphernalia sale
misdemeanor
90 days
$1,000
Paraphernalia sale to a minor
misdemeanor
9 months
$10,000
For convictions of subsequent offenses the penalties double. Any conviction causes driver's license suspension for 6 months - 5 years.
Details
Possession of marijuana is punishable by six months in jail and/or a fine of $1,000 for the first offense, and for second or subsequent offenses (includes ANY prior controlled substance conviction), 3.5 years in jail and a fine of $10,000. Conditional discharge is available for first offenders. Possession within 1,000 feet of a school, school bus, public park, public pool, youth center or community center adds an additional 100 hours of community service to the sentence for possession.
Manufacture / Distribution / Delivery / Possession With Intent of 200 grams or less of marijuana is punishable by 3.5 years in prison and a fine of $10,000. For amounts greater than 200 grams the penalty increases to 6 - 15 years in prison and a fine of $10,000 - $25,000.
If a person 17 years of age or over delivers a controlled substance to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment may be increased by 5 years. Sale within 1,000 feet of a school, school bus, public park, public pool, youth center, community center, treatment facility, jail or public housing project adds five years to the maximum possible prison term. Distribution or sale on a public transit vehicle also increases the maximum possible prison sentence by five years.
Possession of paraphernalia is punishable by up to 30 days in jail and a fine up to $500. Delivery or possession with intent to distribute is punishable by up to 90 days in jail and a fine up to $1,000, unless the sale or delivery was to a minor, in which case the penalties increase to a possible 9 months in jail and a fine up to $10,000.
Upon conviction of a drug offense, the offender's driver's license is suspended for 6 months - 5 years.
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.
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 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 above a specific threshold.
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