nevermind it doesnt really chang our current penalties
Less than 1 oz* misdemeanor none $500 - $1,000
1 oz to 110 g felony 10 years** $100,000
More than 110 g felony variable depending on prior record variable
*Medical use permitted with no more than 1 oz, or 3 plants, and state registration.
**Conditional discharge available.
Sale, Cultivation or Manufacture
Gift of less than 5 g misdemeanor none $500 - $1,000
Gift of 5g to 1 oz misdemeanor 1 year $5,000
Any amount felony 10 years $200,000
To a minor at least 3 years younger than seller, or within 1,000 feet of a school felony 20 years $300,000
Any manufacture felony 20 years $300,000
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia sale misdemeanor 1 year $5,000
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 $200,000.
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.
Any sale to a minor, at least three years younger than the offender, or any sale within 1,000 feet of a school is punishable by up to 20 years in prison and a fine of up to $300,000.
Any manufacture of marijuana is punishable by up to 20 years in prison and a fine of up to $300,000.
Sale of paraphernalia is punishable by up to one year in jail and a fine of up to $5,000.
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.
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.
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.
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