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Location: CITY OF GODS
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The NORML State Guide to Marijuana Laws
Alabama
  mandatory  tax stamps  | |
Incarceration |
Fine | | Possession | | 2.2 lbs or less | misdemeanor | 0 - 1 year | $2,000 | | 2.2 lbs or less (second conviction) | felony | 1 - 10 years | $5,000 | | More than 2.2 lbs | felony | 1 - 10 years | $5,000 | | Cultivation | | 2.2 lbs or less | felony | 3 years MMS, possible 10 - 99 years | $25,000 | | 2.2 to 100 lbs | felony | 5 years MMS* | $50,000 | | 100 to 500 lbs | felony | 15 years MMS* | $200,000 | | More than 1000 lbs | felony | life MMS* | | | *Mandatory minimum sentence. | | Sale | | To minors | felony | 10 years - life | | | Within 3 miles of a school | felony | 5 years** | | | Within 3 miles of a public housing project | felony | 5 years** | | | **These sentences run consecutive to other sentences and cannot be probated. | | Trafficking | | 1st offense | felony | 25 years - life | $50,000 -
$1,000,000 | | 2nd offense | felony | life MMS* | | | *Mandatory minimum sentence. | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc... ) | | Paraphernalia possession or sale | misdemeanor | 0 - 1 year | $2,000 | | Paraphernailia sale to minor 3 or more years younger than the seller | felony | 2 - 20 years | $10,000 | | Any conviction causes drivers license suspension for 6 months. | | | Possession of marijuana is a criminal, arrestable offense. For possession of an amount of one kilogram (2.2 lbs) or less, the crime is a misdemeanor, punishable by up to one year in jail and a fine of up to $2,000. For possession of any amount over one kilogram, the crime is a felony, punishable by 1 - 10 years in prison and a fine of up to $5,000.
The sale, cultivation or manufacture of marijuana is a felony offense. If the amount is one kilogram or less, the mandatory minimum sentence is three years in prison and a fine of up to $25,000. For an amount greater than one kilogram but less than 100 lbs, the sentence is a minimum of five years in prison and a fine of up to $50,000. For an amount up to 500 lbs, the sentence is a minimum of 15 years in prison and a fine of up to $200,000. Any amount of 1,000 lbs or greater is punishable by life without the possibility of parole.
The penalties for sale of marijuana are enhanced if the sale takes place within a three-mile radius of a school or public housing project, adding five years to the sentence for the sale. Sale to minors (under 18) can increase the penalty by 10 years to life in prison, and no suspension or probation can be granted to this sentence.
The possession or sale of drug paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,000. If the paraphernalia is sold to a minor at least three years younger than the seller, the penalty becomes a felony and is punishable by 2 - 20 years in prison and a fine of up to $10,000.
Any conviction for possession, sale, manufacture or cultivation also results in the suspension of the offender's driver's license for a period of six months.
|  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.
 Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .
Alaska
 decriminalized  medical | |
Incarceration |
Fine | | Possession | | Less than 4 oz in your residence or home | no penalty | N/A | N/A | | Less than 8 oz | misdemeanor | 90 days | $1,000 | | 8 oz to 1 lb | misdemeanor | 1 year | $5,000 | | 1 lb or more, or more than 25 plants | felony | 5 years | $50,000 | | Any amount within 500 feet of school grounds or rec. center* | felony | 5 years | $50,000 | | * If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence. | | Sale or Cultivation | | Sale less than 1/2 ounce | misdemeanor | 1 year | $5,000 | | 1/2 oz to 1 oz | misdemeanor | 1 year | $5,000 | | 1 oz or more | felony | 5 years | $50,000 | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Maintaining any structure or dwelling for keeping and distributing marijuana | felony | 5 years | $50,000 | | | Possession of marijuana is a criminal offense. Possession of less than 8 ounces of marijuana is a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000. Possession of less than one pound of marijuana is also a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. Possession of one pound or more of marijuana is a felony punishable by up to five years in prison and a fine of up to $50,000.
Possession of less than 25 plants is protected under the Alaska Constitution’s right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is “Misconduct involving a controlled substance in the fourth degree” and is punishable by a fine of up to $50,000 or five years in prison.
Any possession within 500 feet of school grounds or a recreation center or possession on any school bus is a felony punishable by up to five years in prison and a fine of up to $50,000.
Sale of marijuana of less than one-half ounce and sale, delivery or manufacture of an amount from one-half ounce up to one ounce is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000. For amounts of one ounce or greater, the crime is a felony which can be punished with a sentence of up to five years in prison and a fine of up to $50,000.
It is an affirmative defense to possession, manufacture or delivery that the offender is a patient or caregiver who is registered with the state for medical use of marijuana.
Maintaining any structure or dwelling, including vehicles, to use for keeping and distributing marijuana, is a felony offense and punishable by up to five years in prison and a fine of up to $50,000.
|  Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
 Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
Arizona
 drugged driving | |
Incarceration |
Fine | | Possession | | less than 2 lbs | misdemeanor or felony | 6 months - 1.5 years | $750 - $150,000 | | 2 lbs to 4 lbs | misdemeanor or felony | 9 months - 2 years | $750 - $150,000 | | 4 lbs or more | felony | 1.5 - 3 years | $750 - $150,000 | | Near school or bus | felony | additional 1 year | additional $2000 | | Probation eligibility for first and second conviction with drug treatment and testing (exception with medical prescription) | | Cultivation | | Less than 2 lbs | misdemeanor or felony | 9 months - 2 years | $750 - $150,000 | | 2 lbs to 4 lbs | felony | 1.5 - 3 years | $750 - $150,000 | | 4 lbs or more | felony | 2.5 – 7 years | $750 - $150,000 | | Possession for Sale | | Less than 2 lbs | felony | 1.5 - 3 years | $750 - $150,000 | | 2 lbs to 4 lbs | felony | 2.5 – 7 years | $750 - $150,000 | | 4 lbs or more | felony | 4 - 10 years | $750 - $150,000 | | Sale or Delivery for Sale | | Less than 2 lbs | felony | 2.5 – 7 years | $750 - $150,000 | | 2 lbs or more | felony | 4 - 10 years | $750 - $150,000 |
| | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc... ) | | Paraphernalia possession and sale | misdemeanor or felony | 6 months - 1.5 years | up to $150,000 | | | The possession of marijuana is a criminal offense. For possession of an amount less than two pounds the sentence can range from 6 mos. - 1.5 years and a fine of $750 - $150,000. Possession of two or more pounds but less than four pounds is punishable by 9 mos. - 2 years in jail and a fine of $750 - $150,000. Possession of four pounds or more is punishable by 1.5 - 3 years in prison and a fine of $750 - $150,000.
Any person convicted of personal possession or use of marijuana is eligible for probation. The court is required to suspend the imposition or execution of the sentence. The person on probation is required to participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program for a second offense. Persons convicted of a third or subsequent offense are not eligible for probation. Persons on probation must also submit to urine drug tests as a condition of their probation with the only exception being made for those who use marijuana under a prescription.
The penalties of possession for sale of less than two pounds of marijuana are 1.5 - 3 years in prison and a $750 - $150,000 fine. For amounts of less than four pounds, the penalties increase to 2.5 - 7 years in prison and a $750 - $150,000 fine. Possession for sale of four pounds or more is punishable by 4 - 10 years in prison and a $750 - $150,000 fine.
Production or cultivation of less than two pounds of marijuana is punishable by 9 mos. - 2 years in jail and a $750 - $150,000 fine. For less than four pounds, the penalties increase to 1.5 - 3 years in prison and a $750 - $150,000 fine. Production of cultivation of four pounds or more is punishable by 2.5 - 7 years in prison and a $750 - $150,000 fine.
Sale or delivery for sale of less than two pounds of marijuana is punishable by 2.5 - 7 years in prison and a fine of $750 - $150,000. Sale or delivery of two pounds or more is punishable by 4 -10 years in prison and a fine of $750 - $150,000.
Possession or sale within 300 feet of a school, on any public property within 1000 feet of any school, at any school bus stop or on any bus transporting pupils to or from school adds an additional one year to the sentence and requires a minimum fine of $2,000.
Possession and sale of paraphernalia is punishable by 6 mos - 1.5 years in jail and a fine of up to $150,000
|  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.
Arkansas
 conditional  hemp | |
Incarceration |
Fine | | Possession (More than 1 oz see Sale) | | 1 oz or less | misdemeanor | 1 year | $1,000 | | 1 oz or less (2nd conviction) | felony | 6 years | $10,000 | | 1 oz or less (3rd conviction) | felony | 3 to 10 years | $10,000 | | Sale or Cultivation | | 1oz to 10 lbs | felony | 4 - 10 years | $25,000 | | 10 lbs to 100 lbs | felony | 5 - 20 years | $15,000 - $50,000 | | 100 lbs or more | felony | 6 - 30 years | $15,000 - $100,000 | | Within 1000 feet of school, park and other community centers | felony | Add 10 years | none | Second conviction can double penalty.
Sale to minor at least 3 years younger than the seller can double penalty. | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Simple paraphernalia | misdemeanor | 1 year | $1000 | | Paraphernalia possession with felony violation | felony | 3 - 10 years | $10,000 | Any conviction causes driver's license suspension for 6 months.
Any conviction causes commercial driver's license suspension for 1 year.
| | | The penalty for possession of one ounce or less of marijuana is a misdemeanor and is punishable by up to one year in prison and a fine of up to $1,000. The court may defer the proceedings and grant probation for no less than one year. Upon granting probation, the court may require drug treatment. If the terms of the probation are fulfilled, the court can discharge and dismiss the proceedings.
There is a rebuttable presumption that any possession greater than one ounce is possession for sale.
Possession for sale or cultivation of marijuana is a felony. For amounts greater than one ounce the punishment is 4 - 10 years in prison and a fine of up to $25,000. For amounts of ten pounds or more the sentence can range from 5 - 20 years in prison and a fine of $15,000 - $50,000. For any amounts of 100 pounds or more the punishment is 6 -10 years in prison and a fine of $15,000 - $100,000.
Second convictions of possession, sale, delivery or cultivation can result in sentences up to twice that allowed for first offenses.
Any sale to a minor at least three years younger than the seller can double the above penalties.
Any sale within 1000 feet of a school, public park, community or recreation center, public housing, day care center, church, skating rink or video arcade increases the penalty for the offense by 10 years.
Minors convicted of any drug offense are subject to a driver's license suspension of six months.
Possession or use of drug paraphernalia in furtherance of a felony violation is punishable by 3 - 10 years in prison and a fine of up to $10,000.
|  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.
 Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
California
decriminalized medical hemp | | Possession of 28.5 grams or less of marijuana is not an arrestable offense. As long as the offender can provide sufficient identification and promises to appear in court, the officer will not arrest the offender. Upon conviction of the misdemeanor charge the offender is subject to a fine of $100. Possession of greater than 28.5 grams is punishable by up to six months in jail and a fine of up to $500.
Proposition 36
The Substance Abuse and Crime Prevention Act passed by 61% in 2000 | Possession of 28.5 grams or less of marijuana on school grounds when the school is open is punishable by up to 10 days in jail and a $500 fine. Possession of greater than 28.5 grams or more of marijuana in a school zone is punishable by up to six months in jail and a fine of up to $500.
The cultivation or processing of any amount of marijuana is punishable by up to sixteen months in state prison. There is an exception to the cultivation prohibition for patients or patients’ caregivers who possess or cultivate for personal use by the patient upon approval of a physician.
The laws regarding possession and cultivation of marijuana do not apply to patients or patients’ primary caregivers who possess or cultivate marijuana for the personal medical use of the patient, upon the recommendation or approval of a physician.
Selling marijuana in any amount is punishable by 2 – 4 years in the state prison. Giving away less than 28.5 grams is a misdemeanor and is punishable by a fine of up to $100.
Sale of marijuana to a minor is punishable by 3 – 5 years in prison.
For anyone under the age of 21 convicted of any of the above offenses, the state may suspend the offender’s driver’s license for up to one year.
Possession of paraphernalia is a civil fine of $200-$300 for the first offense and goes up to $5,000-$6,000 for a fifth or subsequent violation within a five-year periood.
| Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
Colorado
conditional decriminalized medical | |
Incarceration |
Fine | | Possession | | 1 oz or less | petty offense | none | $100 | | 1 oz or less - failure to appear | misdemeanor | 6 months | $500 | | Display or use in public | misdemeanor | 15 days additional | none | | 1 to 8 oz | misdemeanor | 6 - 18 months | $500 - $5,000 ($600 surcharge) | | More than 8 oz | felony | 1 -3 years | $1,000 - $100,000 ($1,125 surcharge) | Subsequent convictions over 1 oz could double penalties.
Medical use permitted with no more than 2 oz, or 6 plants, physician recommendation and state registration.
16 - 48 hours community service required with diverted prison sentence. | | Sale or Cultivation | | Less than 1 oz (without payment) | petty offense | none | $100 | | Any amount (with payment) | felony | 2 - 6 years | $2,000 - $500,000 ($1,500 surcharge) | | Transport more than 100 lbs | felony | 8 - 24 years | $5, 000 - $1,000,000 | | Transfer to a minor | felony | 2 - 6 years | $2,000 - $500,000 | | Sale within 1,000 feet of school or public housing | felony | 8 - 24 years | $10,000 - $1,000,000 | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Paraphernalia possession or sale | petty offense | none | $100 | | Any felony conviction causes driver's license suspension for 1 year. | | | Possession of one ounce or less of marijuana is a petty offense. The offender receives a summons to appear in court, and upon a promise to appear in court, the offender is to be released from detention. The maximum penalty for a violation is $100. Failure to appear at the specified time and location results in the increase of the charges to a misdemeanor. Displaying or using the marijuana in public results in the added penalty of up to 15 days in jail. Possession of greater than one ounce is a misdemeanor, punishable by 6-18 months in jail and a fine of $500 - $5,000, plus a $600 surcharge. Possession of greater than 8 ounces of marijuana is a felony, punishable by 1 - 3 years in prison and a fine of $1,000 - $100,000 and a surcharge of $1,125. Generally, subsequent convictions of possession of over one ounce double the possible penalties.
Transfer of less than one ounce of marijuana for no consideration is considered possession and is punished as such. Any other transfer, sale, manufacture or cultivation is a felony, punishable by 2 – 4 years in prison and a fine of $2,000 - $500,000 and a $1,500 surcharge. Any transport of greater than 100 lbs. is punishable by 8 – 24 years in prison and a fine of $5,000 - $1,000,000. Any transfer to a minor is also a felony punishable by 2 – 4 years in prison and a fine of $2,000 - $500,000. Any sale within 1000 feet of a school or public housing area increases the penalties to 8 – 24 years in prison and a fine of $10,000 to $1,000,000.
Patients who possess written documentation from their physician recommending the use of marijuana and are registered with the state and issued an identification card may legally possess no more than two ounces of marijuana or no more than six marijuana plants.
Any convictions for drug offenses that involve diversion from the prison system require a mandatory 16 - 48 hours of community service.
Any felony convictions involving possession or sale of marijuana also result in the suspension of the offender's driver's license for a period of up to one year.
Possession or sale of paraphernalia is a petty offense punishable by a fine of up to $100.
| 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.
Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
Connecticut
mandatory tax stamps | |
Incarceration |
Fine | | Possession | | "Useable Amount" (first offense) | misdemeanor | 1 year | $1,000 | | "Useable Amount" (subsequent offense) | felony | 5 years | $3,000 | | 4 oz or more (first offense) | felony | 5 years | $2,000 | | 4 oz or more (subsequent offense) | felony | 10 years | $5,000 | | Possession within 1,500 feet of a school | | 2 years MMS* | none | | *These minimum mandatory sentences run consecutive to other sentences. | | Sale or Cultivation | | Any amount(exception for patients or caregivers) | felony | 7 years | $25,000 | | Sale to a minor | felony | 3 years MMS* | none | | Sale within 1,500 feet of school, public housing or daycare | felony | 3 years MMS* | none | | *These minimum mandatory sentences run consecutive to other sentences. | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Paraphernalia possession | misdemeanor | 3 months | $500 | | Paraphernalia possession within 1,500 feet of school | felony | 1 year MMS* | none | *These minimum mandatory sentences run consecutive to other sentences.
Any conviction can cause suspension or revocation of professional license. | | | Possession of up to four ounces of marijuana is punishable by up to one year in jail and a fine of up to $1,000 for the first offense. A subsequent offense is punishable by up to five years in prison and a fine of up to $3,000. Possession of four ounces or more of marijuana is punishable by up to five years in prison and a fine of up to $2,000 for a first offense. Subsequent offenses are punishable by up to 10 years in prison and a fine of up to $5,000. Possession of any amount within 1500 feet of a school adds a two-year minimum mandatory sentence to run consecutively with any other sentence imposed.
Cultivation, delivery or sale of marijuana is punishable by up to seven years in prison and a fine of up to $25,000. Sale to a minor adds a two-year mandatory minimum sentence to run consecutively with any other sentence. Sale within 1500 feet of a school, public housing project or day care center adds a three-year mandatory minimum sentence to run consecutively with any other sentence.
Possession of paraphernalia is punishable by up to three months in jail and a fine of up to $500. If the possession of paraphernalia occurs within 1500 feet of a school, an additional one year mandatory minimum sentence is imposed to run consecutively with any other sentence.
Conviction of any violation involving marijuana allows the court to recommend to the licensing boards within the state that the offender's license to practice or carry on his profession be suspended or revoked.
| 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.
Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .
Delaware
mandatory | |
Incarceration |
Fine | | Possession | | Any amount | misdemeanor | 6 months | $1,150 | | Within 1,000 feet of a school | felony | 15 years | $250,000 | | Within 300 feet of a church, park or rec. center | felony | 15 years | $250,000 | | Cultivation or Sale | | Any amount | felony | 5 years | $1,000 - $10,000 | | 5 - 100 lbs | felony | 2 years MMS* | $25,000 | | 100 - 500 lbs | felony | 4 years MMS* | $50,000 | | 500 lbs or more | felony | 8 years MMS* | $100,000 | | *Mandatory minimum sentence | | Sale to minor | | To person under 21 | felony | 5 years | $1,000 - $10,000 | | To person under 16 | felony | 6 months MMS* | $1,000 - $10,000 | | To person under 14 | felony | 1 year MMS* | $1,000 - $10,000 | | Purchase from minor under 18 | felony | 5 years | none | | Purchase from minor under 16 | felony | 6 months MMS* - 5 years | none | | Purchase from minor under 14 | felony | 1 year MMS* - 5 years | none | | *Mandatory minimum sentence | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Paraphernalia possession | misdemeanor | 1 year | $2,300 | | Paraphernalia sale | felony | 1 years | | | Paraphernalia sale or delivery to minor | felony | 5 years | | | | Possession of any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $1,150. If the possession or sale of marijuana occurs within 1000 feet of a school the penalty can be up to 15 years in prison and a fine of up to $250,000, and if it occurs within 300 feet of a church, park or recreation area the penalty can be up to 15 years in prison and a fine of up to $250,000.
Manufacture or delivery of marijuana in any amount is a felony, punishable by up to five years in prison and a fine of $10,000. If the sale of marijuana is made to a person under the age of 21, the punishment can be up to five years in prison. If the person is under 16 years of age, there is a mandatory minimum sentence of six months imposed. If the person is under 14 years of age, there is a mandatory one year minimum sentence imposed.
If marijuana is purchased from a minor under 21 years old, the sentence can be up to five years in prison. If purchased from a minor under 16 years old, there is a six month mandatory minimum sentence imposed, with a maximum sentence of five years. If marijuana is purchased from a minor under 14 years old, a mandatory minimum sentence of one year and no more than 5 years will be imposed.
It is a felony to traffic in marijuana and all violations have mandatory minimum sentences. For greater than five pounds, the minimum sentence is two years and a fine of $25,000. For 100 pounds or more, the minimum sentence is four years and a fine of $50,000. For 500 pounds or more, the minimum sentence is eight years and a fine of $100,000.
The use or possession of paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,300. The sale of paraphernalia is a felony punishable by up to two years in prison. Sale or delivery of paraphernalia to a minor is punishable by up to five years in prison.
| 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.
District of Columbia
conditional | |
Incarceration |
Fine | | Possession | | Any amount | misdemeanor | 6 months | $1,000 | | Eligible for probation with first conviction, dismissal of charges upon completion. | | Sale or Cultivation | | Any amount | felony | 5 years | $50,000 | | Within 1000 feet of school or other specified area | felony | double penalty | double penalty | | Sale to minor | felony | double penalty | double penalty | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Paraphernalia possession | misdemeanor | 30 days | $100 | | Paraphernalia sale | misdemeanor | 6 months | $1,000 | | Paraphernalia sale to a minor | felony | 8 years | $15,000 | | Any conviction can result in suspension of driver's license, 6 months - 2 years. | | | Possession of any amount of marijuana is a misdemeanor and is punishable by up to six months in jail and a fine of up to $1,000. First time offenders are eligible for probation and dismissal of the charges upon successful completion of the probation contract.
The cultivation, sale or delivery of any amount of marijuana is punishable by up to one year in jail and a fine of up to $10,000. If the distribution occurs within 1000 feet of a school, pool, playground, arcade, library, youth center, or public housing or if the distribution is made to a minor the penalties can be doubled.
Upon conviction of a drug offense, the offender's driver's license can be suspended from six months to two years.
The possession of paraphernalia is punishable by up to 30 days in jail and a $100 fine. The sale of paraphernalia is punishable by up to six months in jail and a fine of up to $1,000 unless the sale is made to a minor, in which case the penalty increases to a possible eight years in prison and a fine of 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.
Florida
mandatory | |
Incarceration |
Fine | | Possession | | 20 g or less | misdemeanor | 1 year | $1,000 | | More than 20 g | felony | 5 years | $5,000 | | Sale or Cultivation | | Delivery of 20 g or less | misdemeanor | 1 year | $1,000 | | 25 lbs or less | felony | 5 years | $5,000 | | 25 to 2,000 lbs (or 2,000 plants) | felony | 3 years MMS* | $25,000 | | 2,000 to 10,000 lbs (or 10,000 plants) | felony | 7 years MMS* | $50,000 | | 10,000 lbs (or 10,000 plants) or more | felony | 15 years MMS* | $200,000 | | Within 1,000 feet of school, college, park or other specified areas | felony | 15 years | $10,000 | | *Mandatory minimum sentence. | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Paraphernalia possession | misdemeanor | 1 year | $1,000 | | Any conviction causes driver's license suspension for 6 months to 2 years. | | | Possession of 20 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Possession of greater than 20 grams of marijuana is a felony, punishable by up to five years in prison and a fine of up to $5,000.
The delivery of 20 grams or less of marijuana for no consideration is a misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000. Sale, delivery or cultivation of any other amount up to 25 pounds is a felony and punishable by up to five years in prison and a fine of up to $5,000.
Sale, delivery or cultivation of greater than 25 pounds is considered trafficking, and all trafficking offenses have mandatory minimum sentences. For less than 2,000 pounds or less than 2,000 plants, there is a mandatory minimum sentence of three years and a fine of $25,000. For less than 10,000 pounds or less than 10,000 plants there is a mandatory minimum sentence of seven years and a fine of $50,000. For 10,000 pounds or 10,000 plants or greater, the mandatory minimum sentence is 15 years in prison and a fine of $200,000.
Any sale or delivery occurring within 1,000 feet of a school, college, public park, public housing, daycare center, or church is punishable by up to 15 years in prison and a fine of $10,000.
The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
Conviction of a drug related offense also requires suspension of the offender's driver's license for at least six months but not longer than two years.
| 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.
Georgia
conditional mandatory drugged driving tax stamps | |
Incarceration |
Fine | | Possession | | Less than 1 oz (first offense) | misdemeanor | probation* | none | | Less than 1 oz (subsequent offense) | misdemeanor | 1 year | $1,000 | | 1 oz or more | felony | 1 - 10 years | variable | | Within 1,000 feet of school, or other specifed areas (first offense) | felony | 20 years | $20,000 | | Within 1,000 feet of school, or other specifed areas (subsequent offense) | felony | 5 years MMS** | $40,000 | | Use of communication equipment | felony | 1 - 4 years*** | $30,000 | *Charge dismissed upon completion of probation.
**Mandatory minimum sentence.
***This sentence runs consecutive to other sentences. | | Sale or Cultivation or Trafficking | | 10 lbs or less | felony | 1 - 10 years | none | | 10 to 2,000 lbs | felony | 5 years MMS** | $100,000 | | 2,000 to 10,000 lbs | felony | 7 years MMS** | $250,000 | | 10,000 lbs or more | felony | 15 years MMS** | $1,000,000 | | Use of communication equipment | felony | 1 - 4 years*** | $30,000 | | Hire, solicit, engage services of a minor | felony | 5 years MMS** | $20,000 | **Mandatory minimum sentence.
***This sentence runs consecutive to other sentences.
| | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | Any conviction (first offense) causes minimum 6 months driver's license suspension.^
Any conviction (second offense) causes minimum 1 year driver's license suspension.
Any conviction (third offense) causes minimum 2 years driver's license suspension.
Any conviction may also cause suspension of professional license. | | ^Reinstated upon completion of a drug use program. | | | Possession of less than one ounce of marijuana is a misdemeanor and can be punished by up to one year in jail and a fine of up to $1,000. However, upon a first drug conviction the offender may be placed on probation, and upon successful completion the proceedings against him may be discharged. Possession of one ounce or more is a felony and is punishable by 1 - 10 years in prison.
Any cultivation, manufacture or distribution is a felony, punishable by 1 - 10 years in prison.
Any possession, manufacture or distribution of greater than 50 pounds is considered trafficking and all trafficking offenses carry mandatory minimum sentences. For amounts greater than 50 pound but less that 2,000 pounds, the sentence is a minimum of 5 years in prison and a $100,000 fine. For 2,000 pounds to less than 10,000 pounds, the minimum sentence is 7 years in prison and a fine of $250,000. For 10,000 pounds or more, the minimum sentence is 15 years and a $1,000,000 fine.
The use of any communication facility, such as a telephone or radio, during any drug felony may add 1 - 4 years to the sentence and a fine of $30,000.
Distribution or possession within 1,000 feet of any school, park, playground, recreational center or drug free commercial zone is punishable by up to 20 years in prison and a fine of up to $20,000, for the first conviction. A second conviction is punishable by 5 - 40 years in prison and a fine of up to $40,000.
Upon a first conviction of a drug offense, the offender's driver's license is suspended for at least six months and will be reinstated only upon completion of a drug use program. For a second conviction the suspension will be at least one year and for a third conviction the suspension will be at least two years.
Professional licenses can also be suspended upon a drug conviction.
| 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.
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.
Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .
Hawaii
conditional medical hemp | |
Incarceration |
Fine | | Possession | | Less than 1 oz | misdemeanor | 30 days* | $1,000 | | 1 oz to 1 lb | misdemeanor | 1 year* | $2,000 | | 1 to 2 lbs | felony | 5 years* | $10,000 | | 2 to 25 lbs | felony | 10 years* | $25,000 | | 25 lbs or more | felony | 25 years* | $50,000 | *Probation for first offense with dismissal upon completion of probation.
Exceptions for authorized medical use.
| | Cultivation | | 25 to 50 plants | felony | 5 years | $10,000 | | 50 to 100 plants | felony | 10 years | $25,000 | | 100 plants or more | felony | 20 years | $50,000 | | Sale | | Less than 1 oz | misdemeanor | 1 year | $2,000 | | 1 oz to 1 lb | felony | 5 years | $10,000 | | 1 to 5 lbs | felony | 10 years | $25,000 | | 5 lbs or more | felony | 20 years | $50,000 | | Exceptions for authorized medical use. | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Any marijuana found in a vehicle results in all occupants being charged with its possession. | | | Possession of less than one ounce of marijuana is a misdemeanor offense, punishable by up to 30 days in jail and a fine of up to $1,000. Possession of one ounce or more is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. Any possession of amounts of one pound or more are felonies. The possible sentence for possession of one pound or more is up to 5 years in prison and a fine of up to $10,000. Possession of two pounds or more is punishable by up to 10 years in prison and a fine of up to $25,000. Possession of 25 pounds or more is punishable by up to 25 years in prison and a fine of up to $50,000.
For first time offenders, the court can defer proceedings, place the accused on probation and upon completion of the probationary period the court can dismiss the charges.
For cultivation of 25 plants or more, the possible sentence can be up to 5 years in prison and a fine of up to $10,000. For 50 plants or more the sentence can be up to 10 years in prison and a fine of up to $25,000. For 100 plants or more the sentence can be up to 20 years in prison and a fine of up to $50,000.
Sale or distribution of less than one ounce of marijuana is a misdemeanor, punishable by up to one year in prison and a fine of up to $2,000. Sale or distribution of any amount greater than one ounce is a felony. For one ounce or more, the sentence can be up to 5 years in jail and a fine of up to $10,000. For one pound or more, the sentence can be up to 10 years in prison and a fine of up to $25,000. For five pounds or more the penalty rises to a possible 20 years in prison and a fine of up to $50,000.
It is an affirmative defense to any marijuana related offense that the person distributing or possession the marijuana was authorized to do so for medical purposes.
Any marijuana found in a vehicle results in all the occupants of the vehicle being charged with its possession unless the marijuana was found on the person of one of the occupants.
| 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.
Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
Idaho
tax stamps | |
Incarceration |
Fine | | Possession | | Under the influence or use in public | misdemeanor | 6 months | $1,000 | | 3 oz or less | misdemeanor | 1 year | $1,000 | | More than 3 oz | felony | 5 years | $10,000 | | Sale or Cultivation | | Less than 1 lb (24 plants) | felony | 5 years | $15,000 | | 1 to 5 lbs (25 - 49 plants) | felony | 1 year MMS* | $5,000 - $50,000 | | 5 to 25 lbs (50 - 99 plants) | felony | 3 years MMS* | $10,000 - $50,000 | | More than 25 lbs (100 or more plants) | felony | 5 years MMS* | $15,000 - $50,000 | | Sale to minor 3 years younger than seller | felony | double penalty | double penalty | | Sale where minors present | felony | 5 years | $5,000 | | *Mandatory minimum sentence | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Present where knowledge of drug activity occurs | misdemeanor | 90 days | $300 | | Paraphernalia possession | misdemeanor | 1 year | $1,000 | | Paraphernalia sale or manufacture | felony | 9 years | $30,000 | | Any second offense can double penalty. | | | It is a crime to be under the influence of marijuana in a public place or to use marijuana in a public place, punishable by up to six months in jail and a fine of up to $1,000.
The penalty for possession of three ounces or less of marijuana is up to one year in jail and a fine of up to $1,000. Possession of greater than three ounces is a felony and punishable by up to 5 years in prison and a fine of up to $10,000.
The penalty for cultivation, sale or distribution of less than one pound (or less than 25 plants) is a prison term of up to five years and a fine of up to $15,000. Cultivation, sale or distribution of amounts greater than one pound are all subject to mandatory minimum sentences. The maximum possible punishment for any cultivation, sale or delivery is 15 years in prison and a fine of up to $50,000. For amounts of one pound or more (or more than 24 plants) the punishment is a mandatory minimum sentence of one year in prison and a fine of not less than $5,000. Cultivation, sale or distribution of five pounds or more (or more than 49 plants) is punishable by a mandatory minimum prison term of three years and a fine of not less than $10,000. For amounts of 25 pounds or more (or more than 99 plants) the punishment is a mandatory minimum sentence of five years in prison and a fine of not less than $15,000.
Any sale to a minor, at least three years younger than the seller, doubles the possible prison sentence. Any sale on premises where minors are present is punishable by up to five years in prison and a fine of up to $5,000.
It is also a crime to be present in a place where the person knows that there is illegal drug activity taking place and is punishable by up to 90 days in jail and a fine of up to $300.
Possession of paraphernalia is punishable by up to one year in jail and a fine of up to $1,000. Sale or manufacture of paraphernalia is punishable by up to nine years in prison and a fine of up to $30,000.
Any second conviction for a drug offense can double the possible penalties.
| Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .
Illinois
hemp drugged driving | |
Incarceration |
Fine | | Possession | | 2.5 g or less | misdemeanor | 30 days* | $1,500 | < |