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Using or being under the influence of marijuana is punishable by up to 90 days in jail and a fine up to $100.
Possession of three ounces or less of marijuana is punishable by up to one year in jail and a fine up to $1,000. Possession of greater than three ounces carries a penalty of up to five years in prison and a fine up to $10,000. Any possession within 500 feet of a school increases the fine by $500. First offenders may be placed on conditional probation and may have the proceedings discharged.
Cultivation of marijuana is punishable by up to six months in jail and a fine of up to $1,000.
Sale or delivery of marijuana is punishable by up to 10 years in prison and a fine up to $10,000. Sale to a minor at least three years younger than the offender doubles the possible prison sentence. Sale within 500 feet of a school requires a mandatory minimum sentence of two years in prison and a fine up to $1,000.
Second and subsequent offenses are subject to double the possible penalties. | 
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.
