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Reference
© Copyright 2002 Appendix: State-by-State List of Marijuana LawsCompiled by the National Organization for the Reform of Marijuana Laws (NORML)AlabamaPossession:=<1 kg for personal consumption: 0-1; $2,000Possession of paraphernalia: 0-1; $2,000 Cultivation/delivery/sale: > 2.2 lb.: 3 M; $25,000; possible 10-99 years 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 AlaskaPossesion:=<8 oz.: up to 90 days; $1,000 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 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. ArizonaPossession or use:<2 lbs.:0.5-1.5; $750-$150,000Production/cultivation: < 2 lbs: 9 months-2; $750-$150,000Sale/possession for sale: <2 lbs.: 1.5-3; $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 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 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: 1st offense: $250Cultivation: for personal use only: suspended sentence, drug education, charges dropped. Selling/giving away/importing/transporting into California: 2-4 Colorado (D)Possession:=<1 oz.: $100 Possession of paraphernalia: $ 100 Cultivation/Delivery/Sale;=<100 lbs.: 2-6; $5,000-$500,000 Sale of paraphernalia: 0-1; $250-$1,000 Sale to minor; 2-8; $2,000-$5,000 Two prior violations involving manufacture: 2 M ConnecticutPossession:=<4 oz.: 0-1; $1,000 Possession of paraphernalia: 90 days; $500 Cultivation/delivery/sale:=<1 kg.: 0-7; $25,000 Professional licenses supension Delaware (C)Possession (any amount):up to 6 months: $1.150Paraphernalia: Possession: 1; $2,300 Cultivation: up to 5; $10,000 Trafficking:>:=5 lbs.: 3 M; $25,000 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 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 FloridaPossession:=<20 g: 0-1; $1,000 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. GeorgiaSale or possession<1 oz: 0-1; $1,000 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 Hawaii (C)Possession:<1 oz.: 0-30 days; $1,000Cultivation: 25+ plants: up to 5, $10,000Sale: <2 oz.: 1; $2,000 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 Possession of paraphernalia: 0-1; $1000 Cultivation/delivery/sale:<1 lb.: up to 5; $5,000Manufacture/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. Illinois (C)Possession<2.5 g.:0-30 days; $500Cultivation: 1-5 plants: 0-1; $1,000Sale/delivery: <2.5 g.: up to 6 months; $500 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: Possession of paraphernalia: $5,000 "Reckless possession of paraphernalia": 0-1; $5,000Cultivation/delivery/sale: =<30 g.: 0-1; $5,000Manufacture/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. Iowa (C)Possession/Sale:<50 kg.: up to 5; $1,000-$5,000 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 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: <5 plants: up to 1;$500 (1st offense) 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: <60 lbs.: 5-30 hard labor; up to $50,000 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 Possession of paraphernalia: 0-6 months; $200 Cultivation:100-500 plants: 1-5 M; $5,000Delivery/Sale: <1.25 oz.: 0-1; $1,000 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. MarylandUse/possession (any amount): 0-1; $1,000 Possession of paraphernalia: $500 Cultivation/Delivery/Sale:<50 lbs.: 0-5; $15,000Smuggling into state: >=100 lbs.: 0-25; up to $50,000 Massachusetts (C)Possession (any amount):0-6 months; $500 (possible probation)Cultivation/delivery/sale: <50 lbs.: 0-2; $5,000 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: >=2 kg.: up to 5; $10,000 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 Possession of paraphernalia: up to 6 mos; $500 Sale/delivery:<1 oz.: up to 3: $3,000 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 Possession of paraphernalia: 0-1; $1,000 Sale:<5 g.: 0-7; up to $5,000 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 MontanaPossession:=<60 g.: 0-6 months; $100-$500 Possession of paraphernalia: up to 6 months; $500 Cultivation/delivery/sale:=<1 lb.: 1-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 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.); 1-20 (1st offense)Cultivation/delivery/sale (>=100lbs.): 3-20; no parole or probation (1st offense) Possession of paraphernalia: up to 6 months; $1,000 Sale to minor:1-20 (1st 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 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 JerseyUnder the influence/possession:<50 g.: 0-6 months; $1,000 Sale to minor: penalty doubles Sale within 1,000 feet of school:<1 oz.: 1-5 MManufacture/distribution: <1 oz.: 0-18 months: $7,500 Driver's license suspension: 6 months-2 years New Mexico (C)Possession:=<1 oz.: 0-15 days; $100 (1st offense) Possession of paraphernalia; 0-1: $50-$100 Distribution/cultivation:Small amounts, no remuneration: 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: =<2 g.: for no consideration: 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 Manufacture/cultivation/sale: 2-5 Paraphernalia:Possession: up to 1; $500Sale to/employing a minor: 18-21 years old; felony, 1 class higher than normal penalty North Dakota (C)Possession/sale/delivery/cultivation:<5 oz.: 30 days; $500 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 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 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) Cultivation: 2-life; $20,000 Possession of paraphernalia; 1; $1,000 Delivery/sale:<25 lb.: 4-life; $20,000 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 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 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: (any amount): 0-15; $250,000 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 IslandPossession:<1 kg.: up to 1; $200-$500 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 CarolinaPossession: <1 oz.: 0-30 days; $100-$200 Possession of paraphernalia: $500 Cultivation:100-1,000 plants: 25+M; $25,000Sale/delivery: 10 lbs.-100 lbs.: 1-10 M; $10,000 License suspension: 6 months Possession of more than 1 oz. of marijhuana is deemed to be possession w/intent to distribute. South DakotaPossession:<1/2 lb.: 0-1; $1,000 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 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 TennesseePossession: < 5 oz.: up to 1; $2,500 Possession of paraphernalia: up to 1; $2,500 Cultivation/delivery/sale:>5 oz.: 1-5; $5,000 Sale to minor under 12: penalty classification moves one level higher. Sale of paraphernalia: 1-6; $3,000 TexasPossession:=<2 oz.: up to 180 days; $2,000 Possession of paraphernalia: $500 Sale/delivery:<25 oz. for no remuneration: 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 UtahPossession:<1 oz.: 0-6 months; $1,000 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 VermontPossession:<2 oz.: 0-6 months; $500Cultivation: 4-10 plants: 0-3; $10,000Delivery/Sale: >=0-5 oz.: 0-5; $100,000 Penalties enhanced for sale/delivery to minors Virginia (C)Possession:=<5 lb.: 0-30 days; up to $500 (1st offense) Cultivation (any amount): 5-30; $10,000 Delivery/sale:=<5 oz.: 0-1; $2,500 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 WashingtonPossession:>40 g.: 0-90 days; $1,000; 24 hours in jail M 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 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: =<500g.: up to 3; $500-$25,000 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 FederalPossession: Any amount: 0-1; $10,000Cultivation/delivery/sale: <100 kg.: 0-20; $1,000,000Manufacture/distribution: >=100 plants or 100 kg.: 5 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
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.
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Last update:
September 23, 2007
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