Possession

Crime Type

Incarceration

Fine

Any amount (first offense)

Misdemeanor

1 year*

Fine

Any amount (subsequent offense)

Felony

2 – 10 years

Fine

Notes*

*Conditional discharge is available

Cultivation

Crime Type

Incarceration

Fine

1000 plants or less

Felony

2 years – life

$20,000

More than 1000 plants

Felony

20 years – life

$50,000

Sale

Crime Type

Incarceration

Fine

Less than 25 lbs

Felony

2 years – life

$20,000

25 lbs to 1000 lbs

Felony

4 years – life

$25,000 – $100,000

1000 lbs or more

Felony

4 years – life

$100,000 – $500,000

To minors

Felony

Double Penalty

Double Penalty

Within 2,000 feet of schools,

public parks or public housing

Felony

Double Penalty + MMS*

Double Penalty

Notes*

*Mandatory minimum sentence of 50% of the imposed sentence

Miscellaneous

Crime Type

Incarceration

Fine

Paraphernalia

Misdemeanor

1 year

<$1,000

Paraphernalia (2nd offense)

Misdemeanor

1 year

<$5,000

Paraphernalia (3rd offense)

Misdemeanor

1 year

<$10,000

Notes*

*Any conviction causes driver’s license suspension for 6 months to 3 years.

State Regulations

Conditional Release

The state allows alternative or diversion sentencing for people facing their first prosecutions

MMS

Mandatory Minimum Sentence

Tax Stamps

This state has a marijuana tax stamp law enacted