|
Background
|
United States of
America: State-by-State List of Marijuana Laws
Compiled by the
National Organization for the Reform of Marijuana Laws (NORML)
Alabama
Possession:
=<1
kg for personal consumption: 0-1; $2,000
=<1 kg otherwise: 1-10; $2,000
Possession of paraphernalia:
0-1; $2,000
Cultivation/delivery/sale:
> 2.2
lb.: 3 M; $25,000; possible 10-99 years
> 100 lb.: 5 M; $50,000
> 500 lb.: 15 M; $200,00
> 1000 lb.: life without parole M
Sale
to minors: 2-20; $10,000
Sale within 3 miles
of a school or public housing project: 5
Drug trafficking enterprise:
1st offense:
25-life; $50,000-$1,000,000
2nd offense: life M, no parole
Driver's license suspension:
6 months
[Return]
Alaska
Possesion:
=<8
oz.: up to 90 days; $1,000
>8 oz.: up to 1; $5,000
>1 lb.: up to 5: $50,000
Possession
of over 1 oz. with intent to distribute: up to 5; $50,000
Sale
within 500 ft. of a school: 1;$50,000
Manufacture/delivery:
>1
oz.: 0-5; $50,000
(Manufacture means growing or producing with the intent to give to someone
else.)
Maintaining
a structure/dwelling for purpose of manufacturing/delivery: 0-5; up
to $50,000
Suspended
imposition of sentence available for 1st offense if not a felony: 2-3
years of probation.
Note:
If the referendum of 1990 is overturned and the Ravin decision
reinstated, up to 4 oz. will be legal for personal possession.
[Return]
Arizona
Possession or use:
<2
lbs.:0.5-1.5; $750-$150,000
>=2 lbs.: 9 months - 2; $750-$150,000
>4 lbs.: 1.5-3; $750-$150,000
Production/cultivation:
< 2
lbs: 9 months-2; $750-$150,000
>=2 lbs.: 1.5-3; $750-$150,000
>4 lbs.: 2.5-7; $750-$150,000
Sale/possession for
sale:
<2
lbs.: 1.5-3; $750-$150,000
>=2 lbs.: 2.5-7 M; $750-$150,000
>4 lbs.: 4-10; $750-$150,000
Sale
within 1000 ft. of a school: 1; $2000
Delivery or transport
for sale:
<2
lbs.: 2,5-7; $750-$150,000
>=2 lbs.: 4-10; $150,000
Offenders
placed on probation or early release generally are required to perform
24 to 360 hours of community service.
[Return]
Arkansas(C)
Possession:
=<1oz.:
up to 1;$1000
Cultivation/delivery/sale:
>=1
oz.: 4-10 : $25,000
>=10 lbs.: 5-20; $15,000-$50,000
>=100 lbs.: 6-30; $15,000-$100,000
Sale
to minor: 5-20; $15,000
Sale
within 100 ft. of a school, public park, community/recreation center,
skating rink, or video arcade: 5-20; $15,000
Driver's
license suspension: 6 months
[Return]
California (D)
Possession:
=<28,5
g: $100; no booking if you can show
officer I.D. and promise to appear in court
>=28.5 g: 0-6 months; $500
Possession of no more
than 28.5 g on grounds of school when school is open:
1st offense:
$250
2nd offense: 10 days; $500
Cultivation:
for personal
use only: suspended sentence, drug education, charges dropped.
For non-personal use: up to 16 months, 2-3 years probation available.
No plant number or weight breakdown.
Selling/giving
away/importing/transporting into California: 2-4
[Return]
Colorado (D)
Possession:
=<1
oz.: $100
>1 oz.: 0-2; $500-$5,000
>8 oz.: 1-3; $1,000-$100,000
Generally, one prior conviction over 1 oz. doubles penalties.
Possession
of paraphernalia: $ 100
Cultivation/Delivery/Sale;
=<100
lbs.: 2-6; $5,000-$500,000
>100 lbs.: 24M; $5,000-$1,000,000
Sale
of paraphernalia: 0-1; $250-$1,000
Sale
to minor; 2-8; $2,000-$5,000
Two
prior violations involving manufacture: 2 M
[Return]
Connecticut
Possession:
=<4
oz.: 0-1; $1,000
>=4 oz.: 0-5; $2,000
Possession
of paraphernalia: 90 days; $500
Cultivation/delivery/sale:
=<1
kg.: 0-7; $25,000
>=1 kg.: 5-20 M
Professional
licenses supension
[Return]
Delaware (C)
Possession (any amount):
up to
6 months: $1.150
Paraphernalia:
Possession:
1; $2,300
Manufacture/delivery: up to 2
Delivery to a minore: up to 5
Cultivation:
up to 5; $10,000
Trafficking:
>:=5
lbs.: 3 M; $25,000
>=100 lbs.: 5 M; $50,000
>=500 lbs.: 15 M; $100,000
Any
delivery: 5; $10,000
Maintaining
a dwelling or vehicle (including smoking in your car): up to 3; court's
discretion on fine
Delivery to minor:
up to
5
if minor is under 16, 6 months M
if minor is under 14, 1 M
Sale
within 1000 ft. of school: 15: $250,000
Suspended
sentences for marijuana offenses except for trafficking.
[Return]
District of Columbia
(C)
Possession
(any amount): 0-180 days; $1,000
Cultivation/delivery/sale
(any amount)
0-1; $10,000
Sale
to minor: penalty doubles
First
time possession offenders are eligible for probation followed by dismissal.
Driver's
license suspension: 6 months
[Return]
Florida
Possession:
=<20
g: 0-1; $1,000
>20g.: up to 5; $5,000
Possession
of paraphernalia: 0-1; $1,000
Sale
(any amount): up to 5; $5000
Sale
to minor: 15; $10,000
Sale
within 1000 ft. of school, public housing project, or public park: 15;
$10,000
Trafficking;
>=100=<2000 lbs.: 3; $25,000
Possession
over 20 grams is assumed to indicate intent to distribute.
Driver's license suspension:
6 months
Professional licenses suspension
A
vehicle can be confiscated for any felony amount.
[Return]
Georgia
Sale or possession
<1
oz: 0-1; $1,000
(For<1 oz, if arrested in a municipality you can choose to appear
in city court instead of state court: maximum 60 days; $500.)
>1 oz.: 1-10: $1,000
>5 lb.: 3 M; $25,000
>100 lb.: 5 M; $50,000
>500 lb.: 15 M; $100,000
Possession
of paraphernalia: 0-1; $1,000
Cultivation:
up to 10; $100,000
Trafficking:
see sale or possession
Use
of a communications facility ( including mail and telephone) in committing
drug felony may add 1-4; $30,000
Sale
with 1000 ft. of school, public park, public housing project: up to
20; $20,000
Driver;s
license suspension: 6 months
(reinstatement only with treatment)
Proffessional licenses suspension
Second drug felony is punishable by life in prison.
[Return]
Hawaii (C)
Possession:
<1
oz.: 0-30 days; $1,000
>1 oz.: up to 1; $2,000
>2.2 lbs.: up to 5; $10,000
>40 lbs.: up to 10; $25,000
Cultivation:
25+ plants:
up to 5, $10,000
100 or more plants: up to 10; $25,000
Sale:
<2
oz.: 1; $2,000
>=2 oz.: 5; $10,000
> 2.2 lbs.: 10; $25,000
Sale
within 750 ft. of a school: 5
Presence
of marijuana in a vehicle constitutes possession for all passengers,
unless found on the person of an occupant.
Distribution
to minors: 10: $25,000
[Return]
Idaho (C)
Possession:
<3
oz.: 0-1; $1,000
>3 oz.: up to 5; $10,000
by a prisoner: 1-5; $1,000
by a minor (misdemeanor amounts): 30 days detention; $300
Possession
of paraphernalia: 0-1; $1000
Cultivation/delivery/sale:
<1
lb.: up to 5; $5,000
>=1 lb.: (or 25-49 plants): 1 M; $5,000
>=5 lb.: (or 50-99 plants): 3 M; $10,000
>=25 lb. (or 100+ plants): 5 M; $15,000
Possible maximum: 15; $50,000.
Manufacture/sale of
paraphernalia:
9; $30,000
Sale
to minor: doubled prison time
Sale
on school grounds: penalty doubles
A
person's presence in a place where, with his/her knowledge, illegal
drug activity is taking place is a punishable by up to 3 months; $300.
Required
evalution with all drug convictions; court can order treatment.
[Return]
Illinois (C)
Possession
<2.5
g.:0-30 days; $500
>=2.5 g.: up to 6 months: $500
>=10 g.: up to 1; $1,000
>=30 g.: 1-3; $10,000
>= 500 g.: 2-5; $10,000
Cultivation:
1-5 plants:
0-1; $1,000
5-20 plants: 1-3; $10,000
20-50 plants: 2-5; $10,000
>50 plants; 3-7; $100,000
Sale/delivery:
<2.5
g.: up to 6 months; $500
>2.5 g.: up to 1; $1,000
>10 g.:1-3; $10,000
>30 g.: 2-5; $50,000
>500 g.: 3-7; $100,000
>2500 g.: is considered trafficking: 6-14 M; $100,000
Sale
to minor: penalty doubles
Sale
within 1000 ft. of school: 3-7; $200,000
Calculated
criminal conspiracy: 2-5; $200,000
[Return]
Indiana (C)
Possession:
=<30
g.: 0-1; $5,000:
conditional discharge possible
2nd possession of any amount or 1st possession >30 g.: 6 months-
3 years; $10,000
Possession
of paraphernalia: $5,000
"Reckless
possession of paraphernalia": 0-1; $5,000
Cultivation/delivery/sale:
=<30
g.: 0-1; $5,000
>30 g.: 6 months-3 years; $10,000
>=10 lb.: 2-8; $10,000
Manufacture/sale of
paraphernalia:
0-3; up
to $10,000
Sale
to minor: 1-5; $10,000
Sale
within 1000 ft. of school: 2-8; $10,000
Driver's
license suspension: 6 months-2 years
Knowingly
visiting a place where drugs are used is punishableby up to 180 days;
$1000.
[Return]
Iowa (C)
Possession/Sale:
<50
kg.: up to 5; $1,000-$5,000
>=50 kg.: up to 10; $1,000-$50,000
>=100 kg.: up to 25; $5,000-$100,000
>1000 kg.: up to 50; $1,000,000
Sale
to minor within 1000 ft. of school or public park: 10-25 M
Driver's
license suspension: 6 months
[Return]
Kansas (C)
Possession
of marijhuana (any amount), paraphernalia, or delivery of paraphernalia:
up to 1; $2,500
Possession with intent
to sell, cultivate, sale:
1st offense:
up to 1; $2,500
2nd & subsequent: 23-26 months
Possession,
attempt to buy or sell up to 500 g. or 25 plants: optional non-prison
available if appropriate treatment likely to be more effective and will
serve community safety.
Sale
to minor: 1-10
Sale
within 1,000 ft. of school: 60-68 months
[Return]
Kentucky (C)
Possession/sale:
=<8
oz.: up to 1; $500
>8 oz.: 1-5; $10,000
>5 lbs.: 5-10; $10,000
Cultivation:
<5
plants: up to 1;$500 (1st offense)
1-5; $3,000-$5,000 (subsequent offenses)
>=5 plants: 1-5; $3,000-$5,000 (1st offense)
5-10 (subsequent offenses)
Sale
to minor: 1-5; $10,000
Sale
within 1000 ft. of school: 1-5; $3,000-$5,000
Possession
of more than 8 oz. is considered prima facie evidence of intent to sell.
Driver's
license suspension for minors only: 1-2 years
[Return]
Louisiana (C)
Possession (no quantity
specified; usually under 2 oz. in one container):
0-6 months;
$500 (1st offense)
0-5 hard labor; up to $2,000 (2nd offense)
0-20 hard labor (3rd offense)
Possession with intent
to distribute, cultivation or sale:
<60
lbs.: 5-30 hard labor; up to $50,000
>=60 lbs.: 5-30 hard labor;
$25,000-$50,000; no probation or parole
>=2000 lbs.: 10-40 hard labor;
$50,000-$200,000; no probation or parole
>=10,000 lbs: 25-40 hard labor;
$200,000-$500,000; no probation or parole
Sale
to minor: penalty doubles
Sale
within 1,000 ft. of school: at least half of maximum term for offense
served without parole or suspension
Driver's
license suspension: 90 days-1 year
[Return]
Maine (D)
Possession:
<1.25
oz.: $400
>1.25 oz. is considered evidence of intent to furnish marijuana:
see penalties for sale
Possession
of paraphernalia: 0-6 months; $200
Cultivation:
100-500
plants: 1-5 M; $5,000
500+ plants: 2-10 M; $20,000
Delivery/Sale:
<1.25
oz.: 0-1; $1,000
>=1.25 oz.: 0-1; $2,000
>=2 lb.: 1-5 M; $5,000
>=20 lb.: 2-10 M; $20,000
Sale
to minor: 5; $5,000
Possible
suspension of professional license
Court
can overrice minimums if it finds it will be a substantial injustice
to defendant and won't hurt public, and no prior criminal history.
[Return]
Maryland
Use/possession
(any amount): 0-1; $1,000
Possession
of paraphernalia: $500
Cultivation/Delivery/Sale:
<50
lbs.: 0-5; $15,000
>=50 lbs.: 5 M
Smuggling into state:
>=100
lbs.: 0-25; up to $50,000
Using a minor: 0-20; $20,000
[Return]
Massachusetts (C)
Possession (any amount):
0-6 months;
$500 (possible probation)
Cultivation/delivery/sale:
<50
lbs.: 0-2; $5,000
>=50 lbs.: 2.5-15; $10,000; 1 M
>=100 lbs.: 3-15 M; $25,000
>=10,000 lbs.: 10-15; $200,000
Sale
to minor: 2.5-15: $1,000-$25,000
Sale
within 1000 ft. of school: 2.5-15; $1,000-$10,000
Manufacture/sale
of paraphernalia: 1-2; $500-$5,000
Sale of paraphernalia
to minor:
3-5; $1,000-$5,000
First
time possession offenders are placed on probation.
Driver's
license suspension: 6 months
Distribution:
license suspension for 2 years
Distribution
over 50 lbs.: license suspension for 5 years
[Return]
Michigan (C)
Use:
0-90 days; $100
Possession
(any amount): 0-1; $1,000
Cultivation/delivery/sale
(any amount): 0-4; $2,000
Sale
to minor: penalty doubles
Sale
within 500 ft. of school: penalty doubles
Manufacture/sale
of paraphernalia: 3 months; $5000
[Return]
Minnesota (C,D)
Possession:
"small
amount" (=<42.5 g.): $200 + drug education
<10 kg.: up to 5; $10,000
>=10 kg.: up to 20; $250,000
>=50 kg.: up to 25; $500,000
>100 kg.: up to 30; $1,000,000
Sale/delivery:
>=2
kg.: up to 5; $10,000
>=5 kg.: up to 20; $250,000
>=25 kg.: up to 25; $500,000
>50 kg.: up to 30; $1,000,000
Sale
to minor: up to 20; $250,000
Sale
within 300 feet or 1 city block of school, public park, or public housing:
15-30; $100,000-$1,000,000
Driver's
license suspension: 30 days
Possession
of more than 1.4 grams in a motor vehicle is punisable by up to one
year in prison and a $1,000 fine.
[Return]
Mississippi (D)
Possession:
=<1
oz.: $100-$250
>l1 oz.: 0-1; $1,000
>=1 kg.: up to 20; $1,000-$1,000,000
Possession
of paraphernalia: up to 6 mos; $500
Sale/delivery:
<1
oz.: up to 3: $3,000
>=1 oz.: up to 20; $30,000
>=1 kg.: up to 30; $100,000-$1,000,000
>10 lbs.: life without parole
Sale
to person under 21; penalty doubles
Sale
within 1500 ft. of school: penalty doubles
Additional
penalties for possession in a motor vehicle (trunk excepted).
Driver's
license suspension: 6 months
[Return]
Missouri (C)
Possession:
=<35
g.: 0-1; $1,000
>35 g.: 0-7; $5,000
>30 kg.: 5-15
>100 kg.: 10-life
Possession
of paraphernalia: 0-1; $1,000
Sale:
<5
g.: 0-7; up to $5,000
>5 g.: 5-15
>30 kg.: 10-life
>100 kg.: life without parole
Sale
to minor: 5-15
Sale
within 1000 ft. of school or public housing project: 10-30
Sale
of paraphernalia: 0-5; $5,000
Additional
penalties for sale near government-assisted or public housing.
Cultivation
(any amount): 5-15
[Return]
Montana
Possession:
=<60
g.: 0-6 months; $100-$500
>60 g.: 0-20; $50,000
Possession
of paraphernalia: up to 6 months; $500
Cultivation/delivery/sale:
=<1
lb.: 1-life; $50,000
>1 lb. (or >30 plants): 2-life; $50,000
Sale
to minor: 4-life: $50,000
Sale
within 1000 ft. of school: 3-life; $50,000
Continuing
criminal enterprise; additional penalty 2-3 times that of underlying
offense
A
minimum of one kilogram is required to trigger intent to sell.
[Return]
Nebraska (D)
Use;
0-3 months; $500
Possession/sale:
<1
oz.; $100
>1 oz.-1lb.: 0-7 days; $500
>1 lb.: 0-5; $10,000
Sale
to minor moves penalty for offense to next highest classification.
Sale
of paraphernalia to minor: 0-1; $1,000
[Return]
Nevada (C)
Use/possession (any
amount):
1-6; $5,000
(1st offense)
1-10 (2nd offense)
1-20 (3rd offense)
Cultivation/delivery/sale
(<100 lbs.);
1-20 (1st
offense)
5-20; no parole or probation (2nd offense)
15-life; no parole or probation (3rd offense)
Cultivation/delivery/sale
(>=100lbs.):
3-20;
no parole or probation (1st offense)
5-20; no parole or probation (2nd offense)
15-life; no parole or probation (3rd offense)
Possession
of paraphernalia: up to 6 months; $1,000
Sale to minor:
1-20 (1st
offense)
life (2nd offense)
Sale
within 1,000 ft. of school, video arcade, public pool, youth center:
penalty doubles
[Return]
New Hampshire (C)
Possession
(any amount): 0-1; $1,000
Cultivation/delivery/sale
<1
oz.: 0-3; $25,000
>=1 oz.: 0-7; $100,000
>=5 lbs.; 0-20; $300,000
Sale
within 1,000 ft. of school: penalty doubles
Sale
of paraphernalia: up to 1; $1,000
Drug
enterprise: 25-life; $500,000 M
Driver's
license revocation is authorized for convictions with intent to sell.
Any license may be revoked for 60 days to two years for possession while
operating a motor vehicle.
[Return]
New Jersey
Under the influence/possession:
<50
g.: 0-6 months; $1,000
>50 g.: 18 months; $7,500
Sale
to minor: penalty doubles
Sale within 1,000 feet
of school:
<1
oz.: 1-5 M
>1 oz.: 3 M
Manufacture/distribution:
<1
oz.: 0-18 months: $7,500
>1 oz.: 0-5; $15,000
>5 lbs.: 5-10; $100,000
Driver's
license suspension: 6 months-2 years
[Return]
New Mexico (C)
Possession:
=<1
oz.: 0-15 days; $100 (1st offense)
0-1: $1,000 (subsequent offenses)
>1 oz.: 0-1; $1,000
>8 oz.: 0-2; $6,667 (1st offense)
0-4; $6,6667 (subsequent offenses)
Possession
of paraphernalia; 0-1: $50-$100
Distribution/cultivation:
Small
amounts, no remuneration:
same as possession
=<100 lbs.: 0-2; $6,667 (1st offense)
0-4; $6,667 (subsequent offenses)
>100 lbs.: 0-3 $5,000
Sale
to minor: 0-3
Sale
within 1,000 ft. of school: 0-3
Any
part of penalty can be suspended.
All
first offenders eligible for probation, no fine, and expungement of
conviction.
[Return]
New York (C,D)
Possession:
=lt;25
g.: $100
>25 g.: 0-3 months; $500
>2 oz.: 0-1; $1,000
>8 oz.: 0-4; $5,000
>1 lb.: 0-7; $5,000
>10 lbs.: 0-15; $5,000
Delivery/cultivation:
=<2
g.: for no consideration:
0-3 months; $500
<25 g.: 0-1; $1,000
>=25 g.: 0-4; $5,000
>4 oz.: 0-7; $5,000
>1 lb.: 0-15: $5,000
Sale
to minor: 0-7; $5,000
Driver's
license suspension: 6 months
[Return]
North Carolina
(C,D)
Possession:
<5
oz.: 0-30 days; $100, time sentence must be suspended
>=5 oz.: 1-20 days, community service or intermediate/active probation
> 1.5 oz.: 8-13 months
>50 lbs.: 25-30 months; $5,000
>100 lbs.: 35-42 months M; $25,000
>2000 lbs.: 70-84 months; $50,000
>=10,000 lbs.: 175-219 months M;
minimum fine $200,000
Manufacture/cultivation/sale:
2-5
Paraphernalia:
Possession:
up to 1; $500
Manufacture/delivery; up to 2; $1,000
Sale to/employing a
minor:
18-21
years old; felony, 1 class higher than normal penalty
21 or older; 2 classes higher
[Return]
North Dakota (C)
Possession/sale/delivery/cultivation:
<5
oz.: 30 days; $500
>=5 oz.: 1; $1,000
>=1 oz.: 8 months+; $5,000
>100 lb.: 1+; $10,000
Sale
to minor; 4 M
Sale
within 1,000 ft. of school: 4; $1,000
Possession
of under .5 oz., while operating a motor vehicle; !; $1,000
[Return]
Ohio (C,D)
Possession:
<200
g.: $100
>=200 g.: 5-5; $2,500
>600 g.: 2-10; $5,000
Possession
of paraphernalia; 0-30 days; $250
"Corrupting
another with drugs": 0-3 mos; $2,500
Sale/cultivation/delivery:
<200
g.: 1.5-5; $2,500
>200 g.: 2-10; $500
>600 g.: 2-10; $5,000
Sale
to minor: 1; $1,000
Sale
within 1,000 ft. of school: 1 M
Sale
of paraphernalia to minor: 6 months; $1,000
Driver's
license suspension: 6 months-5 years
Professional
licenses suspension
[Return]
Oklahoma (C)
Possession (any amount):
0-1; $500
(1st offense)
2-10; $5,000 (2nd offense)
Cultivation:
2-life; $20,000
Possession
of paraphernalia; 1; $1,000
Delivery/sale:
<25
lb.: 4-life; $20,000
>=25 lbs.: 5-life; $25,000-$100,000
>=1,000 lbs.: 5-life; $100,000-$500,000
Sale
to minor: penalty doubles
Sale
within 1,000 ft. of school: penalty doubles
Driver's
license suspension.
[Return]
Oregon (C,D)
Possession:
<1
oz.: $500-$1,000
>1 oz.: 0-10; $200,000
Manufacture:
up to 20
Possession
of paraphernalia: up to 1; $5,000 plus civil fine of $2,000-$5,000
Delivery:
<5
g.: $500-$1,000
>5 g.: up to 1; $5,000
>1 oz.: 0-10; $200,000
Sale
(any amount): 0-10; $200,000
Sale
to minor: 0-20; $300,000
Sale
within 1,000 ft. of school: 0-20; $300,000
[Return]
Pennsylvania (C)
Possession:
=<30
g.: 0-30 days; $500
>30 g.: 0-1; $5,000
Cultivation/delivery/sale:
(any amount):
0-15; $250,000
>:=2 lbs. or >=10 live plants: 1 M; $5,000
>=10 lbs. or >=21 live plants: 3 M; $15,000
>=50 lbs. or >=51 live plants: 5 M; $50,000
Sale
to minor: penalty doubles
Sale
within 1,000ft. of school or college: 1-2 M
Possession
of paraphernalia: 0-1; $5,000
Sale
of paraphernalia to minor: 2; $5,000
Driver's
license suspension: 6 months
[Return]
Rhode Island
Possession:
<1
kg.: up to 1; $200-$500
>=1 kg.: 10-50; $10,000-$500,000
>5 kg.: 20-life: $25,000-$1,000,000
Manufacture/possession
with intent to deliver (no amt. specified): 0-30; $3,000-$100,000
Sale
to minor: 1; $10,000
Sale/possession
within 1,000 feet of school: enhanced penalties
Driver's
license supension for offenses involving use of motor vehicle.
[Return]
South Carolina
Possession:
<1 oz.: 0-30 days; $100-$200
Possession
of paraphernalia: $500
Cultivation:
100-1,000
plants: 25+M; $25,000
>1000 plants: 25+ M; $50,000
>10,000 plants: 25+ M; $200,000
Sale/delivery:
10 lbs.-100
lbs.: 1-10 M; $10,000
100 lbs.-2,000 lbs.: 25+M; $25,000
2,000 lbs.-10,000 lbs.: 25+M: $50,000
>10,000 lbs.: 25+M; $200,000
License
suspension: 6 months
Possession
of more than 1 oz. of marijhuana is deemed to be possession w/intent
to distribute.
[Return]
South Dakota
Possession:
<1/2
lb.: 0-1; $1,000
>=1/2 lb.: 0-2; $2,000
>=1 lb.: 0-5; $5,000
>10 lbs.: 0-10; $10,000
Additional
civil penalty of up to $10,000 for any possession offense.
Possession
of paraphernalia: 0-30 days; $200
Cultivation/delivery/sale:
=<1
oz.: 15 days-1; $1,000
>1 oz.: 30 days-2; $2,000
>=5 lb.: 30 days-5; $5,000
>=1 lb.: 30 days-10; $10,000
Mandatory
minimum of 30 days for sale of any amount.
Sale
to minor; 5 M; $10,000
Sale
within 500 ft. of school, youth center, public pool, video arcade: 5
M
Driver's
license suspension: 90 days
[Return]
Tennessee
Possession:
< 5 oz.: up to 1; $2,500
Possession
of paraphernalia: up to 1; $2,500
Cultivation/delivery/sale:
>5
oz.: 1-5; $5,000
>=10 lbs.: 4-10; $10,000
>=70 lbs.: 8-12; $200,000
Sale
to minor under 12: penalty classification moves one level higher.
Sale
of paraphernalia: 1-6; $3,000
[Return]
Texas
Possession:
=<2
oz.: up to 180 days; $2,000
>2 oz.: up to 1; $4,000
>4 oz.: 180 days-2 years; $10,000
>5 lbs.: 2-10; $10,000
>50 lbs.: 2-10; $10,000
>2000 lbs.: 5-99; $50,000
Possession
of paraphernalia: $500
Sale/delivery:
<25
oz. for no remuneration:
up to 180 days; $1,500
<25 oz. for remuneration: up to 1; $3,000
>=25 oz.: 180 days-2 years; $10,000
>=5 lbs.: 2-20; $10,000
>=50 lbs.: 5-99; $10,000
>=2000 lbs.: 10-99; $100,000
Sale to minor; 2-20; $10,000
Sale
within 1,000 ft. of school or 300 ft. of youth center, public pool,
video arcade: penalty doubles
Sale
of paraphernalia: up to 1; $3,000
Spending
funds denved from the sale of more than 50 lbs. is in itself an offense
punisable by 5 years to life or 99 years and a fine of $50,000-$1,000,000.
Driver's
license suspension: 6 months
[Return]
Utah
Possession:
<1
oz.: 0-6 months; $1,000
>=1 oz.: 0-1; $2,500
>=16 oz.: 0-5; $5,000
>100 lbs.: 1-15; $10,000
Possession
of paraphernalia: 6 months; $1,000
Sale:
0-5; $10,000
Sale
of parphernalia: 1; $2,500
Sale
of paraphernalia to minor: 0-5; $5,000
Sale
within 1,000 ft. of school, public park, amusement park, recreation
center, church, synagogue, shopping mall, sports facility, theater,
or public parking lot increases level of offense by one degree.
Any
drug offense with minor present; 5 M
[Return]
Vermont
Possession:
<2
oz.: 0-6 months; $500
>=2 oz.: 0-3; $10,000
>=1 lb.: 0-5; $100,000
>10 lbs.: 0-15; $500,000
Cultivation:
4-10 plants:
0-3; $10,000
11-25 plants: 0-5; $100,000
>25 plants: 0-15; $500,000
Delivery/Sale:
>=0-5
oz.: 0-5; $100,000
>=1 lbs.: 0-15; $500,000
Penalties
enhanced for sale/delivery to minors
[Return]
Virginia (C)
Possession:
=<5
lb.: 0-30 days; up to $500 (1st offense)
0-1; up to $2,500 (2nd offense)
>=5 lbs.: 1-10; $1000
Cultivation
(any amount): 5-30; $10,000
Delivery/sale:
=<5
oz.: 0-1; $2,500
>5 oz.: 1-10; $2,500
>=5 lbs.:5-40; $500,000
Sale
to minor; 10-50; $100,000 (1 year M)
Sale
within 1,000 ft. of school: 1-5 M; $2,500-$100,000
Sale
of paraphernalia; 1; $2,500
Sale
of paraphernalia to minor: 1-5; $2,500
Driver's
license suspension: 6 months
[Return]
Washington
Possession:
>40
g.: 0-90 days; $1,000; 24 hours in jail M
>=40 g.: 0-5; $10,000
Possession
of paraphernalia: 0-90 days; $1,000
Cultivation/delivery/sale
(any amount): 0-5; $10,000
Sale
to minor: penalty doubles
Conspiracy
to cultivate, deliver, or sell: 0-12 months
Cultivation/delivery/sale
within 1,000 feet of a school can increase time of sentence by 24 months
plus 12 months if armed with a deadly weapon.
Driver's
license suspension: 90 days for those under 21
[Return]
West Virgina (C)
Possession:
<:15
g.: automatic conditional discharge; $1,000
>15 g.: 1-5; $15,000
Cultivation/delivery/sale
(any amount): 1-15; $25,000
Sale
to minor: 2 M
Sale
within 1,000 ft. of school: 2 M
First-time
possession offenders may be placed on probation without further penalties.
[Return]
Wisconsin (C)
Possession
(any amount): 0-6 months; $1,000 (for 1st. offense; 2nd offense doubles
penalty)
Possession
of paraphernalia: 0-30 days; $500
Cultivation:
=<10
plants: up to 3; $500-$25,000
11-50 plants: 3 months-5; $1,000-$5,000
>50 plants: 1-10; $1,000-$100,000
Delivery/sale:
=<500g.:
up to 3; $500-$25,000
>500g.: 3 months-5; $1000-$50,000
>=2500g.: 1-10; $1000-$100,000
Delivery
to prisoner: penalty doubles
Sale
to minor: penalty doubles
Sale
within 1.000 feet of school, public park, public pool, youth center,
community center, school bus: 1 M (up to 24 grams or 4 plants over that
amount: 3 M) (5 years can be added to regular penalty)
Possession
near the above: 100 community service M
Delivery
of paraphernalia and/or possession with intent to distribute: up to
9 months; $10,000
Sale
of paraphernalia to minor: 0-90 days; $1,000
Sale
of marijuana or paraphernalia to a minor: seller must be 3 years older
for increased penalties to apply
Mandatory
doubling of sentences for 2nd and subsequent offenses
Courts
can undercut a sentence if it is in the best interest of the community
and public won't be harmed.
Driver's
license suspension: 6 months-5 years
[Return]
Wyoming (C)
Use:
0-90 days; $100
Possession
(any amount): 0-6 months; $750
Cultivation
(any amount): 0-6 months: $1,000
D
elivery/sale
(any amount): 0-10; $10,000
Sale
to minor: penalty doubles
Sale
within 500 ft. of school: 2: $1,000 M
[Return]
Federal
Possession: Any amount:
0-1; $10,000
Cultivation/delivery/sale:
<100
kg.: 0-20; $1,000,000
>=100 kg.: 5-40; $2,000,000
>=1000 kg. (or 100 to 1000 plants): 10-life; $10,000,000
Manufacture/distribution:
>=100
plants or 100 kg.: 5 M
>=1,000 plants or 1,000 kg.: 10 M
Distribution
within 1,000 ft. of school or playground or within 1,00 ft. of youth
center, public pool, video arcade: penalty doubles ( 1 year M unless
=<5 g.)
School
includes public or private college or sale to a person under age of
21.
Sale
of paraphernalia: 3; $250,000 or twice the pecuniary gain
[Return]
Notes
- The penalties
listed apply to fist-offense convictions only. Most states have
increased penalties for subsequent offenses.
- Many states
have additional or enhanced penalties for certain offenses, such
as sale within a specified distance of a school. These offenses
and all applicable penalties have been noted, when possible. However,
it should not be assumed that such penalties do not apply just because
they have not been listed for a particular state.
- Any amount
listed for "possession" generally implies that it is intended
for personal consumption. Possession of large amounts of marijuana
will, in most states leed to charges of "possession with intent
to distribute" (same as "sale").
- Units of weight
vary from state to state. For Comparitive purposes:
One ounce (oz.) = 28.35 grams (g)
One pound (lb.) = 16 ounces = 453.59 gams
One kilogram (kg.) = 1,000 grams = 2.2 pounds
- Except where
otherwise noted, sentences are in years. They usually indicate the
maximum possible prison sentence; however, a multitude of other
factors are involved in determining the sentence duration. See "State-by
-State Listing Elaboration" page 2.
- The listing
of a penalty, immediately followed by the letter "M" indicates
a "mandatory minimum" prison sentence. This means that
the judge must sentence an individual convicted of the said offense
to a prison sentence at least the duration of that listed. The offender
is not eligible for parole and must serve the full term of the sentence.
- Except where
otherwise indicated, the state fine indicates the maximum possible
fine for the offense.
Key:
D
= The state has "decriminalized" marijuana to some degree.
In general, this means that there is no possible prison time or criminal
record for first-time possession of a specified amount for personal
consumption. Instead, it is treated like a minor traffic violation.
C = State allows for the conditional release or alternative/diversion
sentencing of first-time possession offenders. In general, this means
that an indiviual can be put on probation instead of on trial. Upon
succesful completion of the program, the indiviual is spared any of
the stated penalties and accompanying criminal record.
[Return]
December, 2000
|
