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Appendix:  State-by-State List of Marijuana Laws

Compiled by the National Organization for the Reform of Marijuana Laws (NORML)

Author

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Federal
Notes

Alabama

Possession:
=<1 kg for personal consumption: 0-1; $2,000
=<1 kg otherwise: 1-10; $2,000
Possession of paraphernalia: 0-1; $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: 5

Drug trafficking enterprise:
1st offense: 25-life; $50,000-$1,000,000
2nd offense: life M, no parole
Driver's license suspension: 6 months

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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.

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Arizona

Possession or use:
<2 lbs.:0.5-1.5; $750-$150,000
>=2 lbs.: 9 months - 2; $750-$150,000
>4 lbs.: 1.5-3; $750-$150,000
Production/cultivation:
< 2 lbs: 9 months-2; $750-$150,000
>=2 lbs.: 1.5-3; $750-$150,000
>4 lbs.: 2.5-7; $750-$150,000
Sale/possession for sale:
<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.

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Arkansas(C)

Possession:
=<1oz.: up to 1;$1000
Cultivation/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

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California (D)

Possession:
=<28,5 g: $100; no booking if you can show
officer I.D. and promise to appear in court
>=28.5 g: 0-6 months; $500
Possession of no more than 28.5 g on grounds of school when school is open:
1st offense: $250
2nd offense: 10 days; $500
Cultivation:
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

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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

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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

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Delaware (C)

Possession (any amount):
up to 6 months: $1.150
Paraphernalia:
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.

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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

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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 months
Professional licenses suspension

A vehicle can be confiscated for any felony amount.

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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.

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Hawaii (C)

Possession:
<1 oz.: 0-30 days; $1,000
>1 oz.: up to 1; $2,000
>2.2 lbs.: up to 5; $10,000
>40 lbs.: up to 10; $25,000
Cultivation:
25+ plants: up to 5, $10,000
100 or more plants: up to 10; $25,000
Sale:
<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

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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; $5,000
>=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.
Manufacture/sale of paraphernalia:
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.

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Illinois (C)

Possession
<2.5 g.:0-30 days; $500
>=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
Cultivation:
1-5 plants: 0-1; $1,000
5-20 plants: 1-3; $10,000
20-50 plants: 2-5; $10,000
>50 plants; 3-7; $100,000
Sale/delivery:
<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

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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; $5,000
Cultivation/delivery/sale:
=<30 g.: 0-1; $5,000
>30 g.: 6 months-3 years; $10,000
>=10 lb.: 2-8; $10,000
Manufacture/sale of paraphernalia:
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.

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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

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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

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Kentucky (C)

Possession/sale:
=<8 oz.: up to 1; $500
>8 oz.: 1-5; $10,000
>5 lbs.: 5-10; $10,000
Cultivation:
<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

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Louisiana (C)

Possession (no quantity specified; usually under 2 oz. in one container):
0-6 months; $500 (1st offense)
0-5 hard labor; up to $2,000 (2nd offense)
0-20 hard labor (3rd offense)
Possession with intent to distribute, cultivation or sale:
<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

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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; $5,000
500+ plants: 2-10 M; $20,000
Delivery/Sale:
<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.

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Maryland

Use/possession (any amount): 0-1; $1,000

Possession of paraphernalia: $500

Cultivation/Delivery/Sale:
<50 lbs.: 0-5; $15,000
>=50 lbs.: 5 M
Smuggling into state:
>=100 lbs.: 0-25; up to $50,000
Using a minor: 0-20; $20,000

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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

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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

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Minnesota (C,D)

Possession:
"small amount" (=<42.5 g.): $200 + drug education
<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
Sale/delivery:
>=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.

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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

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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

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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.

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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

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Nevada (C)

Use/possession (any amount):
1-6; $5,000 (1st offense)
1-10 (2nd offense)
1-20 (3rd offense)
Cultivation/delivery/sale (<100 lbs.);
1-20 (1st offense)
5-20; no parole or probation (2nd offense)
15-life; no parole or probation (3rd offense)
Cultivation/delivery/sale (>=100lbs.):
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

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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.

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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 M
>1 oz.: 3 M
Manufacture/distribution:
<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

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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.

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New York (C,D)

Possession:
=lt;25 g.: $100
>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
Delivery/cultivation:
=<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

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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; $500
Manufacture/delivery; up to 2; $1,000
Sale to/employing a minor:
18-21 years old; felony, 1 class higher than normal penalty
21 or older; 2 classes higher

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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

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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

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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.

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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

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Pennsylvania (C)

Possession:
=<30 g.: 0-30 days; $500
>30 g.: 0-1; $5,000
Cultivation/delivery/sale:
(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

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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.

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South Carolina

Possession: <1 oz.: 0-30 days; $100-$200

Possession of paraphernalia: $500

Cultivation:
100-1,000 plants: 25+M; $25,000
>1000 plants: 25+ M; $50,000
>10,000 plants: 25+ M; $200,000
Sale/delivery:
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.

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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

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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

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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

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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

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Vermont

Possession:
<2 oz.: 0-6 months; $500
>=2 oz.: 0-3; $10,000
>=1 lb.: 0-5; $100,000
>10 lbs.: 0-15; $500,000
Cultivation:
4-10 plants: 0-3; $10,000
11-25 plants: 0-5; $100,000
>25 plants: 0-15; $500,000
Delivery/Sale:
>=0-5 oz.: 0-5; $100,000
>=1 lbs.: 0-15; $500,000

Penalties enhanced for sale/delivery to minors

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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

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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

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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.

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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-$25,000
11-50 plants: 3 months-5; $1,000-$5,000
>50 plants: 1-10; $1,000-$100,000
Delivery/sale:
=<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

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Wyoming (C)

Use: 0-90 days; $100

Possession (any amount): 0-6 months; $750

Cultivation (any amount): 0-6 months: $1,000

D

elivery/sale (any amount): 0-10; $10,000

Sale to minor: penalty doubles

Sale within 500 ft. of school: 2: $1,000 M

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Federal

Possession: Any amount: 0-1; $10,000
Cultivation/delivery/sale:
<100 kg.: 0-20; $1,000,000
>=100 kg.: 5-40; $2,000,000
>=1000 kg. (or 100 to 1000 plants): 10-life; $10,000,000
Manufacture/distribution:
>=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

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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.

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Last update: February 9, 2010