Medicinal Marijuana laws vary greatly from state-to-state. In 1996 proposition 215 was passed in California making marijuana legal for medicinal purposes. Since then 12 states have made marijuana legal for medicinal use: Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico,Oregon, Rhode Island,Vermont, and Washington all have passed similar laws. Other states have decriminalized possession of small amounts of Marijuana. While other states have a mandatory minimum sentence of 1 year in jail or $1000 fine.
Below is a map which shows the different marijuana laws in each state:
 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.
 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.
 Medical marijuana: This state has medicinal 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.
 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.
 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.
 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.
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| 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. |
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| Possession of one ounce or less of marijuana in the privacy of the home is legal. The status of possessing an amount between one ounce and four ounces is unclear, pending clarification by the courts. Possession of 4 ounces 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. |
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| 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. |
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| 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. |
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| 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.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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| Possession of 2.5 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $1,500. Possession of greater than 2.5 grams is punishable by up to six months in jail and a fine of up to $1,500. Possession of greater than 10 grams is punishable by up to one year in jail and a fine of up to $2,500.All possession of greater than 30 grams is considered a felony. Possession of greater than 30 grams is punishable by 1 - 3 years in prison and a fine of up to $25,000. For a subsequent conviction, the penalty increases to 2 - 5 years in prison and a fine of up to $25,000. For possession of greater than 500 grams, the penalty is 2 - 5 years in prison and a fine of up to $25,000. For possession of greater than 2,000 grams the penalty is 3 - 7 years in prison and a fine of up to $25,000. For any possession of an amount greater than 5,000 grams the penalty is 4 - 15 years in prison and a fine of up to $25,000. |
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| The possession of 30 grams or less of marijuana is a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. For first offenders, the court may consider a conditional discharge. For possession of more than 30 grams, the penalties range from 6 months - 3 years in prison and a fine of up to $10,000. |
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| The possession of any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. For a second offense the penalties increase to up to one year in jail and a fine of up to $1,500. Subsequent offenses are punishable by up to two years and a fine of $500 - $5,000. There is the possibility for conditional discharge for possession charges. Possession within 1,000 feet of a school, public park, swimming pool or recreation center adds an additional 100 hours of community service to the sentence. |
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| Possession of any amount of marijuana for personal use is punishable by up to one year in jail and a fine of up to $2,500. For a second conviction the penalty increases to 10 - 42 months in jail and a fine of up to $100,000.Possession with intent to sell or actual sale is punishable by 14 -51 months in jail and a fine of up to $300,000. Probation is possible for sentences of less than 32 months. Sale or possession with intent within 1,000 feet of a school is punishable by 46 - 83 months in prison and a fine of up to $300,000. |
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| Possession of less than eight ounces of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $500. For subsequent offenses, the penalties increase to 1 - 5 years in jail and a fine of $1,000 - $10,000. Possession of eight ounces or more is considered possession with intent to sell and is charged as trafficking. |
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| Possession of any amount of marijuana is punishable by up to six months in jail and a fine of up to $500 for a first offense. For a second offense the penalties increase to up to five years in prison and a fine of up to $2,000. A third or subsequent offense increases the penalty to up to 20 years in prison. |
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| Possession of less than 1.25 ounces is a civil violation, punishable by a fine of $200 - $400. Possession of 1.25 ounces or more is considered evidence of intent to distribute and is punished as such (see below).Possession of a usable amount of marijuana is lawful if at the time of the possession the person has an authenticated copy of a medical record demonstrating that the person has a physician’s recommendation. |
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| Possession or use of any amount of marijuana is punishable by up to one year in jail and a fine of up to $1,000. |
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| Possession of any amount of marijuana is punishable by up to six months in jail and a fine of up to $500. For first time offenders, the court will sentence the offender to probation and upon successful completion of the probation period, the offender’s record will be sealed. For subsequent offenses, probation may still be possible. |
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| The penalty for the use of marijuana is up to 90 days in jail and a fine of up to $100.Possession of marijuana in any amount is punishable by up to one year in jail and a fine of up to $2,000, unless the possession occurred in a public or private park, which increases the penalty to a possible 2 years in prison.Conditional discharge is available in all use and possession cases. |
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| The penalty for possession of a small amount (less than 42.5 grams) of marijuana is a fine of up to $200 and possible requirement of drug education. Possession of 42.5 grams or more of marijuana is punishable by up to five years in prison and a fine up to $10,000. Possession of 10 kilograms or more of marijuana increases the penalty to a fine up to $250,000 and up to 20 years in prison. Possession of 50 kilograms or more is punishable by up to 25 years in prison and a fine up to $500,000. For any possession of 100 kilograms or more, the penalty is up to 30 years in prison and a fine up to $1,000,000.Possession of greater than 1.4 grams in a motor vehicle (except in the trunk) is punishable by up to one year in prison.Conditional discharge is a possibility for first time offenders. |
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| Possession of 30 grams or less of marijuana is punishable by a fine of $100 - $250 for the first offense. For possession of greater than 30 grams the penalty increases to a fine of up to $3,000 and up to three years in prison. The penalty for possession of 250 grams or more is 2 - 8 years in prison and a fine up to $50,000. For possession of 500 grams or more the penalty is 6 - 24 years in prison and a fine up to $500,000. For possession of 5 kilograms or greater the penalty is 10 -30 years in prison and a fine up to $1,000,000. There are additional penalties for possession in any part of a motor vehicle except the trunk. |
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| Possession of 35 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine up to $1,000. Possession of greater than 35 grams is a felony and is punishable by up to seven years in prison and a fine of up to $5,000. Possession of greater than 30 kilograms is considered trafficking and the penalty is 5 - 15 years in prison. Possession of 100 kilograms or more carries a penalty of 10 years - life in prison. |
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| Possession of 60 grams or less of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $100 - $500 for the first conviction. For subsequent convictions the penalties increase to up to three years in prison and a fine up to $1,000. Possession of greater than 60 grams carries a sentence of up to 20 years in prison and a fine up to $50,000. |
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| Possession of one ounce or less of marijuana is an infraction, and the offender receives a citation and is subject to a $100 fine and possible referral to a drug education course for the first offense. For a second offense, the penalty increases to a possible 5 days in jail and a fine of $200. For subsequent offenses, the fine increases to $300 and a possible 7 days jail time. For possession of greater than one ounce, the penalty is up to 7 days in jail and a fine up to $500. Possession of greater than one pound is punishable by up to five years in prison and a fine up to $10,000. |
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| Possession of marijuana by persons 21 years of age or older is a misdemeanor and is punishable by a fine of $600 or possible drug treatment. For a second offense, the fine increases to $1,000. For a third offense, the punishment is up to one year in jail and a fine of up to $2,000. A fourth offense changes the classification to a felony and is punishable by 1 - 4 years in prison and a fine of up to $5,000. |
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| Possession of any amount of marijuana is a misdemeanor and is punishable by up to one year in jail and a fine up to $2,000. |
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| Possession of 50 grams or less of marijuana or being under the influence of marijuana is a disorderly persons offense, punishable by up to six months in jail and a fine of up to $1,000. Possession of greater than 50 grams is punishable by up to 18 month in jail and a fine of up to $25,000. Any possession within 1,000 feet of a school adds an additional 100 hours or more of community service to the sentence. |
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| Possession of one ounce or less of marijuana is a petty misdemeanor, punishable by up to 15 days in jail and a fine of $50 - $100 for the first offense. For subsequent offenses, the penalty increases to a possible one year in jail and a fine of $100 - $1,000. Possession of greater than one ounce is punishable by up to one year in jail and a fine of $100 - $1,000. For possession of eight ounces or greater, the penalty increases to up to 18 months in jail and a fine up to $5,000. |
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| Possession of 25 grams or less of marijuana is punishable by a fine of $100 for the first offense. For the second offense, the penalty increases to a $200 fine and for subsequent offenses the fine increases to $250 and a maximum of 15 days in jail time may be imposed.Possession of greater than 25 grams or possession of any amount in public where the marijuana is burning or open to public view, is a class B misdemeanor and is punishable by up to three months in jail and a fine up to $500.For possession of greater than two ounces, the penalty increases to a possible one year in jail and a fine up to $1,000.Possession of greater than eight ounces increases the penalties to a possible one to one and a half years in prison and a fine up to $5,000. The penalties for possession of greater than 16 ounces are one to two and a half years in prison and a fine up to $5,000. For possession of any amount greater than 10 pounds, the penalty is one to five and half years in prison and a fine up to $5,000. |
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| Possession of one half ounce or less is punishable by up to 30 days in jail, most likely suspended. Possession of greater than one half ounce is punishable by 1 - 120 days in jail, with a possibility of community service or probation in lieu of jail. Possession greater than 1.5 ounces increases the penalties to up to 12 months in jail. |
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| Possession of less than one-half ounce of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $1,000. Possession of one half ounce or more is punishable by up to one year in jail and a fine of up to $2,000. First convictions for possession of one ounce or less of marijuana can be expunged from the record after two years if no further criminal violations occur. Possession of greater than one ounce of marijuana is punishable by up to five years in prison and a fine up to $5,000. |
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| Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $100. Possession of 100 grams or more is punishable by a fine of up to $250. For possession of 200 grams or more, the penalty increases to a possible sentence of 6 months - one year in jail. Possession of 1,000 grams or more is punishable by 1 - 5 years in prison. Any possession of less than 5,000 grams does not carry the presumption of prison, which leaves available the possibility of probation. Possession of 5,000 grams of marijuana or more is punishable by 1 - 5 years in prison. For any amount or 20,000 grams or more the penalty increases to a mandatory minimum sentence of eight years in prison. |
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| Possession of any amount of marijuana is punishable by up to one year in jail for the first offense and 2 - 10 years in prison for subsequent offenses. Conditional discharge is available to first time offenders. |
Oregon |
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| Possession of less than one ounce of marijuana is punishable by a fine of $500 - $1,000. Possession of one ounce or more is punishable by up to 10 years in prison. Conditional discharge is possible for possession offenses. Possession of greater than 110 grams is considered a commercial drug offense and penalties are substantially greater, depending on the prior record of the offender.Delivery of less than five grams, for no remuneration, is punishable by a fine of $500 - $1,000. Delivery for no remuneration of less than one ounce is punishable by up to one year in jail and a fine of up to $5,000. Any sale of marijuana is punishable by up to 10 years in prison and a fine of up to $100,000.Possession of one ounce or less or cultivation of three plants or less is lawful for any person who possesses a registry identification card indicating that the person is a patient who uses marijuana for medicinal purposes. This is an affirmative defense to any charges of possession or cultivation within the amount limits. |
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| Possession of 30 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. The penalties for possession of greater than 30 grams increase to a possible one year in prison and a fine up to $5,000. |
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| Possession of less than one kilogram of marijuana is punishable by up to one year in jail and a fine of $200 - $500.Driving while in possession of marijuana is penalized by suspension of the offender’s driver’s license for six months for the first offense and for one year for subsequent offenses. |
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| Possession of one ounce or less is punishable by up to 30 days in jail and a fine of $100 - $200 for a first offense. For subsequent offenses the penalties increase to up to a year in jail and a fine of $200 - $1,000. Convictions for a first offense are eligible for conditional discharges. Possession of greater than one ounce is considered evidence of intent to sell and is punished as such. |
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| Possession, delivery or sale of one-half ounce or less is punishable by up to one year in jail and a fine up to $2,500. |
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| * With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.
** Unless previous conviction of paraphernalia sale or possession (if previous conviction, 90 days to 1 year). Paraphernalia sale to a minor at least 3 years younger than actor- State Jail Felony = 180 days-2 years; $10,000
Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $2,000. Possession of greater than two ounces is punishable by up to one year in jail and a fine up to $4,000. For greater than four ounces the penalty increases to 180 days - two years in jail and a fine up to $10,000. Possession of greater than five pounds carries a penalty of 2 - 10 years in prison and a fine up to $10,000. For greater than 50 pounds the penalties increase to 2 - 20 years in prison and a fine up to $10,000. For any amount greater than 2,000 pounds the penalty is 5 - 99 years and a fine up to $50,000. |
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| Any conviction results in 6 month drivers license suspension.
Possession of less than one ounce of marijuana is punishable by up to six months in jail and a fine up to $1,000. For possession of one ounce or more the penalty increases to up to one year in jail and a fine up to $2,500. Amounts of one pound or more carry a penalty of up to five years in prison and a fine up to $5,000. Possession of greater than 100 pounds is punishable by 1 - 15 years in prison and a fine up to $10,000. |
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| Possession of less than two ounces of marijuana is punishable by up to six months in jail and a fine up to $500 for the first offense. For a second offense the penalty increases to a possible two years in prison and a fine up to $2,000. There is a possibility of deferred sentencing for first offenders. For possession of two ounces or more, the penalty is up to three years in prison and a fine up to $10,000. Possession of one pound or more is punishable by up to five years in prison and a fine up to $100,000. Possession of ten pounds or more carries a penalty of up to 15 years in prison and a fine up to $500,000. |
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| Possession of marijuana is punishable by up to 30 days in jail and a fine up to $500 for the first offense and up to one year in jail and a fine up to $2,500 for subsequent offenses.
Cultivation of marijuana is punishable by 5 - 30 years in prison and a fine up to $10,000. A conviction for manufacturing marijuana must include proof that the marijuana was being grown for a purpose other than the grower’s personal use. |
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| Possession of less than 40 grams is punishable by up to 90 days in jail and a fine up to $1,000. For amounts of 40 grams or more the penalties increase to up to five years in prison and a fine up to $10,000. |
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| Possession of marijuana is punishable by 90 days - 6 months in jail and a fine up to $1,000. Possession with intent to manufacture or deliver a controlled substance is a felony and can result in imprisonment of not less than one year and not more than five years, or a fine of fifteen thousand dollars, or both. |
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| 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. |
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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. |
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