Reference
© Copyright 2002
Appendix: State-by-State List of Marijuana Laws
Compiled by the National Organization for the Reform of Marijuana Laws (NORML)
Author
Alabama
Possession:=<1 kg for personal consumption: 0-1; $2,000Possession of paraphernalia: 0-1; $2,000
=<1 kg otherwise: 1-10; $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: 5Drug trafficking enterprise:
1st offense: 25-life; $50,000-$1,000,000Driver's license suspension: 6 months
2nd offense: life M, no parole
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.
Arizona
Possession or use:<2 lbs.:0.5-1.5; $750-$150,000Production/cultivation:
>=2 lbs.: 9 months - 2; $750-$150,000
>4 lbs.: 1.5-3; $750-$150,000
< 2 lbs: 9 months-2; $750-$150,000Sale/possession for sale:
>=2 lbs.: 1.5-3; $750-$150,000
>4 lbs.: 2.5-7; $750-$150,000
<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.
Arkansas(C)
Possession:=<1oz.: up to 1;$1000Cultivation/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
California (D)
Possession:=<28,5 g: $100; no booking if you can showPossession of no more than 28.5 g on grounds of school when school is open:
officer I.D. and promise to appear in court
>=28.5 g: 0-6 months; $500
1st offense: $250Cultivation:
2nd offense: 10 days; $500
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
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
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
Delaware (C)
Possession (any amount):up to 6 months: $1.150Paraphernalia:
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.
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
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 monthsProfessional licenses suspension
A vehicle can be confiscated for any felony amount.
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.
Hawaii (C)
Possession:<1 oz.: 0-30 days; $1,000Cultivation:
>1 oz.: up to 1; $2,000
>2.2 lbs.: up to 5; $10,000
>40 lbs.: up to 10; $25,000
25+ plants: up to 5, $10,000Sale:
100 or more plants: up to 10; $25,000
<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
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; $5,000Manufacture/sale of paraphernalia:
>=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.
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.
Illinois (C)
Possession<2.5 g.:0-30 days; $500Cultivation:
>=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
1-5 plants: 0-1; $1,000Sale/delivery:
5-20 plants: 1-3; $10,000
20-50 plants: 2-5; $10,000
>50 plants; 3-7; $100,000
<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
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; $5,000Cultivation/delivery/sale:
=<30 g.: 0-1; $5,000Manufacture/sale of paraphernalia:
>30 g.: 6 months-3 years; $10,000
>=10 lb.: 2-8; $10,000
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.
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
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
Kentucky (C)
Possession/sale:=<8 oz.: up to 1; $500Cultivation:
>8 oz.: 1-5; $10,000
>5 lbs.: 5-10; $10,000
<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
Louisiana (C)
Possession (no quantity specified; usually under 2 oz. in one container):0-6 months; $500 (1st offense)Possession with intent to distribute, cultivation or sale:
0-5 hard labor; up to $2,000 (2nd offense)
0-20 hard labor (3rd offense)
<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
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; $5,000Delivery/Sale:
500+ plants: 2-10 M; $20,000
<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.
Maryland
Use/possession (any amount): 0-1; $1,000
Possession of paraphernalia: $500
Cultivation/Delivery/Sale:<50 lbs.: 0-5; $15,000Smuggling into state:
>=50 lbs.: 5 M
>=100 lbs.: 0-25; up to $50,000
Using a minor: 0-20; $20,000
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
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
Minnesota (C,D)
Possession:"small amount" (=<42.5 g.): $200 + drug educationSale/delivery:
<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
>=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.
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
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
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.
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
Nevada (C)
Use/possession (any amount):1-6; $5,000 (1st offense)Cultivation/delivery/sale (<100 lbs.);
1-10 (2nd offense)
1-20 (3rd offense)
1-20 (1st offense)Cultivation/delivery/sale (>=100lbs.):
5-20; no parole or probation (2nd offense)
15-life; no parole or probation (3rd offense)
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
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.
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 MManufacture/distribution:
>1 oz.: 3 M
<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
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.
New York (C,D)
Possession:=lt;25 g.: $100Delivery/cultivation:
>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
=<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
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; $500Sale to/employing a minor:
Manufacture/delivery; up to 2; $1,000
18-21 years old; felony, 1 class higher than normal penalty
21 or older; 2 classes higher
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
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
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.
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
Pennsylvania (C)
Possession:=<30 g.: 0-30 days; $500Cultivation/delivery/sale:
>30 g.: 0-1; $5,000
(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
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.
South Carolina
Possession: <1 oz.: 0-30 days; $100-$200
Possession of paraphernalia: $500
Cultivation:100-1,000 plants: 25+M; $25,000Sale/delivery:
>1000 plants: 25+ M; $50,000
>10,000 plants: 25+ M; $200,000
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.
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
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
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
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
Vermont
Possession:<2 oz.: 0-6 months; $500Cultivation:
>=2 oz.: 0-3; $10,000
>=1 lb.: 0-5; $100,000
>10 lbs.: 0-15; $500,000
4-10 plants: 0-3; $10,000Delivery/Sale:
11-25 plants: 0-5; $100,000
>25 plants: 0-15; $500,000
>=0-5 oz.: 0-5; $100,000
>=1 lbs.: 0-15; $500,000
Penalties enhanced for sale/delivery to minors
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
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
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.
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-$25,000Delivery/sale:
11-50 plants: 3 months-5; $1,000-$5,000
>50 plants: 1-10; $1,000-$100,000
=<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
Wyoming (C)
Use: 0-90 days; $100
Possession (any amount): 0-6 months; $750
Cultivation (any amount): 0-6 months: $1,000
Delivery/sale (any amount): 0-10; $10,000
Sale to minor: penalty doubles
Sale within 500 ft. of school: 2: $1,000 M
Federal
Possession: Any amount: 0-1; $10,000Cultivation/delivery/sale:
<100 kg.: 0-20; $1,000,000Manufacture/distribution:
>=100 kg.: 5-40; $2,000,000
>=1000 kg. (or 100 to 1000 plants): 10-life; $10,000,000
>=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
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.