Marijuana laws - Information on the law about Marijuana
class felony yrs lbs
Table 11c: Illegal Drugs: Marijuana
| State | Code Section | Possession | Sale | Trafficking |
| ALABAMA | 20-2-1, et seq.; 20-2-23 3 (j); 13A-12-210 to 215, 231(i) |
Personal use: Class A misdemeanor; Subsequent offense or possession of marijuana for other than personal use: Class C felony |
Class B felony; Class A for sale to minor; Sale on school campus or within 3 mile radius: 5 yrs. |
1 kilo-100 lbs: minimum 3 yrs. and mandatory $25,000; 100-500 lbs.: minimum 5 yrs. and mandatory $50,000; 500-1000 lbs.: minimum. 15 yrs. and mandatory $200,000; Over 1000 lbs.: life without parole |
| ALASKA | 11.71.010, et seq. | To possess marijuana with reckless disregard that possession occurs within 500 feet of a school or recreation/youth center or on a school bus or to knowingly maintain storage or transportation facilities for keeping/distributing or to render a drug counterfeit or to possess 25 or more plants: Class C felony | ||
| ARIZONA | 13-3401, 3405; 36-2501, et seq. |
Under 2 lb.: Class 6 felony; 2-4 lbs.: Class 5 felony; 4 lbs. and over: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater |
Under 2 lbs.: Class 4 felony; 2-4 lbs.: Class 3 felony; over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance; Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000 |
Producing marijuana: less than 2 lbs.: Class 5 felony; 2-4 lbs.: Class 4 felony; Over 4 lbs.: Class 3 felony; Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony |
| ARKANSAS | 5-64-101, et seq. |
1st offense: Class A misdemeanor; 2nd offense: Class D felony; 3rd offense: Class C felony |
Delivery or intent to deliver marijuana is a Class C felony, 4-30 yrs., depending on the amount sold, and/or fine of $25,000 to $100,000; increased penalty within 1000 ft. of school | 1 oz. possession of marijuana creates rebuttable presumption or intent to deliver |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| CALIFORNIA | Health & Safety §11000, et seq.; 11357, et seq.; §11362.5 medical use of marijuana |
Possession of any concentrated cannabis: prison in county jail up to 1 yr. or fine up to $500 or both; Up to 28.5 grams: misdemeanor and fine of up to $100; Over 28.5 grams: prison up to 6 months or fine up to $500 or both; If over 18 and possession under 28.5 grams on grounds of school: misdemeanor and fine up to $500; Under 18 and possession under 28.5 grams on grounds of school: misdemeanor and fine up to $250; Second offense: up to $500 or up to 10 days in juvenile home program |
Possession for sale: imprisonment in state prison 2-4 yrs. for transporting, selling, etc. If under 28.5 grams: misdemeanor and fine up to $100; Adults who give or sell to, hire or use, or induce a minor under 14 in transporting, selling, giving away, preparing or peddling any marijuana: state prison for 3, 5, 7 years; to a minor over 14: state prison for 3, 4, 5 years | |
| COLORADO | 18-18-101, et seq., 18-18-406 |
Under 1 oz.: Class 2 petty offense, $100 fine; 1-8 oz.: Class 1 misdemeanor or Class 5 felony with prior conviction; Over 8 oz.: Class 5 felony or Class 4 felony with prior conviction; Public use: Class 2 petty offense, $100 fine and 15 days |
Class 4 felony (transferring under 1 oz. for no consideration is possession, not a dispensing offense); Subsequent offense: Class 3 felony, fine up to $10,000; Over 18 yrs. old selling to minor under 15: Class 4 felony, fine up to $5,000 |
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| CONNECTICUT | 21a-278, 279 |
Under 4 oz.: 1 yr. and/or $1000; Over 4 oz.: 5 yrs. and/or $2000; Over 1 kilo: 5-20 yrs. to life; Subsequent offense: Under 4 oz.: 5 yrs. and/or $3000; Over 4 oz.: 10 yrs. and/or $5000; add 2 yrs. if within 1500 ft. of school or child day care center |
Over 1 kilo: 5-20 yrs.; Subsequent offense: 10-25 yrs.; If sale within 1500 ft. of school or child day care center: additional mandatory 3 yrs.; Sale to minor or person 2 yrs. junior: additional mandatory 2 yrs.; court may suspend mandatory minimum sentence if person is under 18 or lacks mental capacity |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| DELAWARE | Tit. 16 §4701, et seq.; 4753A |
Class A misdemeanor (If applicable, can be subject to First Offenders Controlled Substances Diversion Program §4764); Knowingly making a purchase from a minor under 18: Class E felony. Purchasing from a minor under 16, 6 months no suspension, probation, parole. Seller is under 14 yrs. 1 year mandatory sentence |
Class E felony: 5 yrs. and $1000 to $10,000 (more severe if near school §4767-68) |
5 lbs. or more: class B felony; 5-100 lbs.: $25,000 and minimum 2 yrs.; 100-500 lbs.: $50,000 and minimum 4 yrs.; Over 500 lbs.: $100,000 and minimum 8 yrs. |
| DISTRICT OF COLUMBIA | 48-901.02 et seq.; 48-904.01 et seq. |
Misdemeanor, up to 1 yr. and/or $1000; Subsequent offense: double penalties |
Crime with penalty of 1 yr. and/or $10,000; Subsequent offense: double penalties; Within drug-free zone or sale to minor: up to twice the punishment |
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| FLORIDA | 893.13, et seq. |
3rd degree felony; Under 20 g.: 1st degree misdemeanor; In excess of 25 lbs. is trafficking (1st degree felony) |
3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084; Subsequent offense: 10 yrs. |
All sentencing done pursuant to sentencing guidelines: 25-2000 lbs.: mandatory $25,000 and 3 yrs.; 2000-10,000 lbs.: mandatory $50,000 and 7 yrs.; Over 10,000 lbs.: 15 yrs. and mandatory $200,000 |
| GEORGIA | 16-13-30, et seq. | Over 10 lbs. is trafficking; possession at all is a felony with penalty of 1-10 yrs. | Felony: 5-30 yrs. |
10-2000 lbs.: 5 yrs. and mandatory $100,000; 2000-10,000 lbs.: 7 yrs. and mandatory $250,000; Over 10,000 lbs.: 15 yrs. and mandatory $1,000,000 |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| HAWAII | 329-14, et seq.; 712-1240, et seq. |
Possession of 25 or more marijuana plants or possession of 1 lb. or more of anything containing marijuana: Class C felony; 2 lbs. or more: Class B felony; 25 lbs. or more: Class A felony; Possession of over 100 plants: Class A felony; Distribution of any small amount or possession of any small amount: misdemeanor |
Sale of any amount: Class C felony; 1 lb. or more: Class B felony; 5 lbs. or more: Class A felony |
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| IDAHO | 37-2701, et seq. |
Under 3 oz.: misdemeanor with penalty of up to 1 yr. or $1,000 or both; Over 3 oz.: felony, 5 yrs. and $10,000; Subsequent offense: double penalty |
Felony: 5 yrs. and $15,000; Subsequent offense: double penalty |
1 lb. or more or 25 plants or more: felony; 1-5 lbs. or 25-50 plants: mandatory 1 yr. and $5,000; 5-25 lbs. or 50-100 plants: mandatory 3 yrs. and $10,000; 25-100 lbs. or over 100 plants: mandatory 5 yrs. and $15,000; Maximum number of yrs. 15 and maximum fine $50,000 |
| ILLINOIS | 720 ILCS 570/100, et seq., Uniform Controlled Substances Act; 720 ILCS 550/1, et seq. "Cannabis Control Act" |
Under 2.5 g.: Class C misdemeanor; 2.5-10 g.: Class B misdemeanor; 10-30 g.: Class A misdemeanor; 30-500 g: Class 4 felony; 500-2,000 g.: Class 3 felony; 2,000-5,000 g.: class 2 felony; >5,000 g.: class 1 felony; Subsequent offense: 10-30 g.: Class 4 felony; 30-500 g.: Class 3 felony; Producing plants: 1-5: Class A misdemeanor; 5-20: Class 4 felony; 20-50: Class 3 felony; Over 50: Class 2 felony with fine up to $100,000 |
Under 2.5 g.: Class B misdemeanor; 2.5-10 g.: Class A misdemeanor; 10-30 g.: Class 4 felony; 30-500 g.: Class 3 felony and up to $50,000 fine; 500-2,000 g.: Class 2 felony for which a fine not to exceed $100,000 may be imposed; 2,000-5,000 g.: class 1 felony and up to $150.000; >5,000 g.: class X felony and up to $200,000; Enhanced penalties for sale to person 3 yrs. junior or on school grounds |
Over 2500 g. is trafficking: penalty is double that of sale |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| INDIANA | 35-48-2-1, et seq.; 35-48-4-10, 11 |
Under 30 g.: Class A misdemeanor; Over 30 g.: Class D felony; Subsequent offense: Class D felony |
Class A misdemeanor; 10 lbs. or more or delivered on school property or bus or within 1000 feet of either: Class C felony; Class C felony: 10 lbs or more on a school bus; Sale of 30 g. to 10 lbs. and recipient a minor and person has prior conviction involving marijuana: Class D felony |
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| IOWA | 124.101, et seq. |
Under 50 kg.: Class D felony, fine $1000 to $5000; 50 to 100 kg.: Class C felony, fine $1000 to $50,000; 100 to 1000 kg.: Class B felony, $5000 to $100,000; Over 1000 kg.: Class B felony with penalty of up to 50 yrs. and $1,000,000; Subsequent offense: triple penalties; more severe penalties for distribution to minor or to person 3 yrs. younger |
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| KANSAS | 65-4101, et seq. |
Class A nonperson misdemeanor; Subsequent offense: Level 4 felony |
Level 3 felony; Sell within 1000 ft. of school or to minor: Level 2 felony |
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| KENTUCKY | 218A.010, et seq. | Class A misdemeanor (includes less than 5 plants); over 5 plants: Class D felony |
Under 8 oz.: Class A misdemeanor; Subsequent offense: Class D felony; 8 oz. to 5 lbs.: Class D felony; Subsequent offense: Class C felony Over 5 lbs.: Class C felony; Subsequent offense: Class B felony; Possession of over 8 oz. is prima facie evidence of intent to sell |
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| LOUISIANA | §40:961, et seq. |
Up to 6 mos. in parish jail and/or up to $500; Second conviction of this amount: up to 5 yrs. and/or up to $2000; Subsequent convictions: up to 20 yrs; 60-2000 lbs.: 10-60 yrs. hard labor and $50,000 to $100,000; 2000-10,000 lbs.: 20-80 yrs. hard labor and $100,000 to $400,000; Over 10,000 lbs.: 50-80 yrs. hard labor and $400,000 to $1,000,000 |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| MAINE | Tit. 17A §1101, et seq. | Over 1 lb. creates presumption of trafficking: Class E crime | Over 1.25 oz. creates presumption of furnishing: Class D crime |
Class D crime; Possession of over 1 lb. or over 100 plants: Class C crime; Over 20 lbs. or over 500 plants: Class B crime |
| MARYLAND | Art. 27 §276, et seq. |
1 yr. and/or $1,000; Bringing 100 or more lbs. into state is felony with penalty of up to 25 yrs. and/or fine up to $50,000; Subsequent offense: double penalties |
Felony with penalty of 5 yrs. and/or fine of $15,000; 50 lbs. or more: felony with not less than 40 yrs.; Subsequent offense: double penalties, mandatory 2 yrs. |
If "drug kingpin": 20-40 yrs. and/or $1,000,000 fine |
| MASSACHUSETTS | Ch. 94c §1, et seq. |
6 months and/or $500; Subsequent offense: 2 yrs. and/or $2000; Over 50 lbs. is trafficking |
1-2 yrs. and/or $500 to $5000; Subsequent offense: 1-2.5 yrs. and/or $1000 to $10,000 |
50-100 lbs.: 2.5-15 yrs and $500 to $10,000; 100-2000 lbs.: 3-15 yrs. and $2500 to $25,000; 2000-10,000 lbs.: 5-15 yrs. and $5000 to $50,000; Over 10,000 lbs.: 10-15 yrs. and $20,000 to $200,000 |
| MICHIGAN | 333.7401, et seq.; 333.7212 | Misdemeanor with penalty of 1 yr. and/or $2000 |
Felony: less than 5 kg. or 20 plants: up to 4 yrs. and/or $20,000; 5-45 kg. or 20-200 plants: up to 7 yrs. and/or $500,000; Over 45 kg. or over 200 plants: up to 15 yrs. and/or $10,000,000; Sale to minor or near school property: up to double penalties |
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| MINNESOTA | 152.01, et seq. |
Small amount: petty misdemeanor $200 and maybe drug education program; 10+ kg.: up to 20 yrs. and/or $250,000; 50-100 kg.: up to 25 yrs. and/or $500,000; 100+ kg.: up to 30 yrs. and/or $1,000,000; Subsequent offense: depends on level of prior offense; if misdemeanor, may be required to participate in chemical dependency evaluation and treatment |
Any small amount for sale: up to 5 yrs. and/or $10,000; Small amount without remuneration: petty misdemeanor with fine of up to $200 and maybe drug education program; 5+ kg.: up to 20 yrs. and/or $250,000; 25+ kg.: up to 25 yrs. and/or $500,000; 50+ kg.: up to 30 yrs. and/or $1,000,000; 5 kg. or more in school or park or public housing zone: up to 25 yrs. and/or $500,000 |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| MISSISSIPPI | 41-29-101, et seq.; 41-29-139 |
<30 g.: $100–$250; second conviction: $250 and 5–60 days jail; third conviction: $250–$500 and 5 days–6 months jail; 30–250 g.: $1000 and/or 1 yr. jail, or $3000 and/or 3 yrs. prison; 250–500 g.: 2–8 yrs. and up to $50,000; 500 g.–1 kg.: 4–16 yrs. and up to $250,000; 1–5 kg.: 6–24 yrs. and up to $500,000; >5 kg.: 10–30 yrs. and up to $1 million |
Under 1 oz.: up to 3 yrs. and/or $3000; First-time offender with over 1 oz. but less than 1 kg.: up to 20 yrs. and/or $30,000; Over 1 oz.: up to 30 yrs. and/or $5,000 to $1,000,000; Subsequent offense: double penalties |
Anyone over 21 selling 10 lbs. or more of marijuana during any 12 month period shall have life in prison without suspension/parole |
| MISSOURI | 195.010, et seq. |
Under 35 g.: Class A misdemeanor; Over 35 g.: Class C felony; Subsequent offense: subject to prior & persistent offenders statute §195.295 |
Less than 5 g.: Class C felony; More than 5 g.: Class B felony; Subsequent offense: subject to prior & persistent offenders statute §195.295; Distribution to minor 17 years old or 2 yrs. junior: Class B felony; Within 2000 ft. of school or public housing: Class A felony |
Trafficking drugs 1st degree: Distribution /attempt to deliver: 30-100 kg.: Class A felony; 100+ kg.: term of prison for Class A felony without parole; Trafficking in 2nd degree: Buying/attempt to purchase: 30-100 kg.: Class B felony; 100+ kg. or over 500 plants: Class A felony |
| MONTANA | 45-9-101, et seq.; 50-32-101, et seq. |
Under 60 g.: misdemeanor with penalty of 6 months in county jail and fine of $100 to $500; Subsequent offense: $1000 fine and 1 yr. in county jail or up to 3 yrs. in state penitentiary |
1 yr. to life and $50,000; Subsequent offense: 2 yrs. to life and $50,000; Offense of criminal sale of dangerous drugs on or near school property: 3 years to life and/or $50,000 fine |
Criminal production/manufacture: Less than 1 lb. or 30 plants: up to 10 yrs. and $50,000; Over 1 lb. or 30 plants: 2 yrs. to life and/or $50,000; Subsequent offense: up to double penalties |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| NEBRASKA | 28-401, et seq. |
Under 1 oz.(if first offense): Citation, $100, and attend a course; 2nd offense: Citation, $200, up to 5 days in jail, and Class IV misdemeanor; 3rd offense: Class IIIA misdemeanor, $300, and up to 7 days jail Over 1 oz.: Class IIIA misdemeanor; Over 1 lb.: Class IV felony |
1 oz.-1 lb.: Class IIIA misdemeanor; Over 1 lb.: Class IV felony |
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| NEVADA | 453.011, et seq.; NAC 453.510 |
For someone under 21: 1-6 yrs. and $2000 or 1 yr. in county jail; $1000 and 6 mos. driver's license suspension (same for 2nd and 3rd offenses); For someone over 21: up to 1 yr. and up to $1000; Subsequent offense: 1-6 yrs. and $5000 |
1-10 yrs. and up to $10,000; 2nd offense: 2-15 yrs. and up to $15,000; 3rd offense: 5-20 yrs. and up to $20,000 |
100-2000 lbs.: 3-20 yrs. and maximum $25,000; 2000-10,000 lbs.: 2-10 yrs. and minimum $50,000; Over 10,000 lbs.: 15 yrs. to life and minimum $200,000 |
| NEW HAMPSHIRE | 318-B:1, et seq. | Misdemeanor (class A) |
Under 1 oz.: up to 3 yrs. and/or $25,000; 1 oz. to 5 lbs.: up to 7 yrs. and/or $100,000; Over 5 lbs.: up to 20 yrs. and/or $300,000; Subsequent offense: Under 1 oz.: up to 6 yrs. and/or $50,000; 1 oz. to 5 lbs.: up to 15 yrs. and/or $200,000; Over 5 lbs.: up to 40 yrs. and/or $500,000 |
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| NEW JERSEY | 24:21-1, et seq.; 2C:35-2, et seq. |
Under 50 g.: disorderly person and 100 hrs. of community service (if within 1000 ft. of school); Over 50g.: 4th degree crime, $25,000 |
Less than 1 oz.: 4th degree crime; 1 oz. to 5 lbs.: 3rd degree crime, up to $15,000; 5–25 lbs.: 2nd degree crime; Over 25 lbs.: 1st degree |
Leader of narcotics trafficking network: life (25 year minimum before parole) and/or $500,000 |
| NEW MEXICO | 30-31-1, et seq. |
Under 1 oz.: petty misdemeanor, 15 days and $50-$100; 1-8 oz.: misdemeanor, 1 yr. and $100-$1000; Over 8 oz.: 4th degree felony; Subsequent offense: Under 1 oz.: misdemeanor, 1 yr., $100-$1000 |
4th degree felony; If over 100 lbs., 3rd degree felony; Subsequent offense: 3rd degree felony; If over 100 lbs.: 2nd degree felony; Higher penalties if in drug-free school zone |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| NEW YORK | Penal §220, et seq.; Pub. Health §3306, 3307 |
Under 25g: $100; Over 25 g. or public use: Class B misdemeanor; Over 2 oz.: Class A misdemeanor; Over 8 oz.: Class E felony; Over 16 oz.: Class D felony; Over 10 lbs.: Class C felony; Subsequent offense: Under 25 g.: $200; Third offense: $250 and 15 days |
Under 2 g. or 1 cigarette: Class B misdemeanor; Under 25 g.: Class A misdemeanor; Over 25 g.: Class E felony; Over 4 oz. or sale to a minor: Class D felony; Over 16 oz.: Class C felony |
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| NORTH CAROLINA | 90-86, et seq. |
Class 3 misdemeanor; Over .5 oz.: Class 1 misdemeanor, $100 fine; Subsequent offense over .5 oz.: Class I felony Over 1.5 oz.: Class I felony; |
Class I felony but not when under 5 g. for no consideration |
10-50 lbs.: Class H felony, 25-30 mos. and/or $5000; 50-2000 lbs.: Class G felony, 35-42 mos. and/or $25,000; 2000-10,000 lbs.: Class F felony, 70-84 mos. and/or $50,000; Over 10,000 lbs.: Class D felony, 175-219 mos. and/or $200,000 |
| NORTH DAKOTA | 19-03.1-01, et seq. |
Under .5 oz.: Class B misdemeanor; Under 1 oz.: Class A misdemeanor (may be expunged from record if no further conviction for 2 yrs.); Under .5 oz. while operating a motor vehicle: Class A misdemeanor |
Class B felony; 100 lbs. or more: Class A felony; Delivery to a minor by an 18 year old. |
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| OHIO | 2925.01, et seq.; 3719.01, et seq. |
Under 20 g. and gift: minor misdemeanor; Subsequent offense: misdemeanor of 3rd degree; Under 100 g.: minor misdemeanor; 100-200 g.: 4th degree misdemeanor; 200-1000 g.: 5th degree felony; 1000-5000 g.: 3rd degree felony; 5000-20,000 g.: 3rd degree felony with presumption of prison term; over 20,000 g.: 2nd degree felony |
5th degree felony; 200-1000 g.: 4th degree felony; 1000-5000 g.: 3rd degree felony; 5000-20,000 g.: 3rd degree felony with presumption of prison term; Over 20,000 g.: 2nd degree felony; Stricter penalties if sale within 1000 ft. of school or 100 ft. of juvenile |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| OKLAHOMA | Tit. 63 §2-101, et seq. |
Misdemeanor with penalty of up to 1 yr. or fined $10,000; Subsequent offense: felony, 2-10 yrs. Fine not to exceed $25,000; Within 1000 feet of school or in presence of child under 12: up to double penalties; subsequent offense: up to triple penalties |
Felony, 2-10 yrs. and/or up to $5000; Subsequent offense: double penalties |
Between 25-1000 lbs.: $25,000 to $100,000; Over 1000 lbs.: $100,000 to $500,000 |
| OREGON | Chapter 475 | Less than 1 oz.: $500-$1000 |
110-150 g.: commercial drug offense if over $300 cash, firearm, packaging materials, customer list, stolen property, or using public lands; Over 150 g.: Category 6 crime |
Class B felony (Category 8 if over 150 g.); 5 g.-1 oz.: Class A misdemeanor; less than 5 g.: $500-$1000 fine; Within 1000 ft. of school: Class C misdemeanor |
| PENNSYLVANIA | Tit. 35 §780-101, et seq. |
Under 30 g.: misdemeanor, 30 days and/or $500; Over 30 g.: misdemeanor, 1 yr. and/or $5000 Subsequent offense over 30g.: 3 yrs. and/or $25,000 |
Over 1000 lbs.: felony, up to 10 yrs. and/or $100,000 or enough to recoup drug profit; Subsequent offense or sale to minor: double penalties |
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| RHODE ISLAND | 21-28-1.01, et seq. |
Misdemeanor, up to 1 yr. and/or $200 to $500; 1-5 kg.: 10-50 yrs. and/or $10,000-$500,000 Over 5 kg.: 20 yrs. to life and $25,000 to $1,000,000 |
1-5 kg.: 10-50 yrs. and/or $10,000-$500,000 Over 5 kg.: 20 yrs. to life and $25,000 to $1,000,000; Sale within 300 yds. of school: double penalties; Sale to minor or person 3 yrs. junior: minimum 2-5 yrs. and $10,000 |
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| SOUTH CAROLINA | 44-53-110 |
Misdemeanor: up to 6 mos. and/or $1000; Subsequent offense: misdemeanor, 1 yr. and/or $2000 Under 1 oz.: 30 days and/or $100 to $200; Over 1 oz.: Prima facie guilty of sale; Subsequent offense under 1 oz.: 1 yr. and/or $200 to $1000 |
Felony: up to 5 yrs. and/or $5,000; Subsequent offense: felony, up to 10 yrs. and/or $10,000; Third offense: felony, 5-20 yrs. and/or $20,000; Sale to minor: misdemeanor, up to 10 yrs. and $10,000 |
10-100 lbs.: 1-10 yrs. and $10,000; 2nd offense: 5-20 yrs and $15,000; Subsequent offense: mandatory 25 yrs. and $25,000; 100-2000 lbs. or 100-1000 plants: mandatory 25 yrs. and $25,000; 2000-10,000 lbs. or 1000-10,000 plants: mandatory 25 yrs. and $50,000; Over 10,000 lbs. or over 10,000 plants: 25-30 yrs. and $200,000 |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| SOUTH DAKOTA | 22-42-6, et seq.; 34-20B-1 to 114 |
Under 2 oz.: Class 1 misdemeanor; 2 oz. to .5 lb.: Class 6 felony; .5 to 1 lb.: Class 5 felony; 1to 10 lbs.: Class 4 felony; Over 10 lbs.: Class 3 felony; May be civil penalty for violation up to $10,000 in any of the above cases |
Under .5 oz. or without consideration: Class 1 misdemeanor; Under 1 oz.: Class 6 felony; 1 oz.-.5 lb.: Class 5 felony; .5-1 lb.: Class 4 felony; Over 1 lb.: Class 3 felony; Sale to a minor: Class 4 felony; Sale in drug-free zone: Class 4 felony, minimum 5 yrs. Also may be civil penalty up to $10,000 in any of above cases; All felonies: mandatory 30 days without suspension; Subsequent offense: mandatory 1 yr. |
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| TENNESSEE | 39-17-401, et seq. |
Possession or casual exchange of: Less than .5 oz.: Class A misdemeanor and attendance at drug offender school and minimum $250 fine; Casual exchange to a minor from an adult 2 yrs. his senior and adult knows minor is a minor: felony; Subsequent offense: $500 minimum; Third: $750 minimum; Two or more prior convictions, then Class E felony; 20 plants to 99 plants: Class C felony, fined up to $100,000. |
.5 oz. to 10 lbs.: Class E felony and/or $5000; 10 lbs. + 1 g. to 70 lbs.: Class D felony and/or $50,000; 70 lbs. + 1 g.: Class B felony and/or $200,000; Over 700 lbs.: Class A felony and/or $500,000; Sale to minor under 18 or in drug-free zone: one class higher than amount required; Minimum penalty amounts: 1st drug felony offense: $2000; 2nd: $2500; 3rd: $3000 |
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| TEXAS | Health & Safety §481.032, et seq. |
Under 2 oz.: Class B misdemeanor; 2-4 oz.: Class A misdemeanor; 4 oz. to 5 lbs.: State jail felony; 5-50 lbs.: 3rd degree felony; 50-2000 lbs.: 2nd degree felony; Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 5-99 yrs. and $50,000 |
.25 oz. or less: Class B misdemeanor (if no remuneration); .25 oz. or less: Class A misdemeanor (with remuneration); .25 oz. to 5 lbs.: state jail felony; 5 lbs. to 50 lbs.: 2nd degree felony; 50-2000 lbs.: 1st degree felony; Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100.000; Delivery to minor under 17 who is enrolled in school and over .25 oz.: 2nd degree felony; Within drug-free zone: penalties doubled |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| UTAH | 58-37-1, et seq. |
Under 1 oz.: Class B misdemeanor; 1-16 oz. not yet extracted from plant: Class A misdemeanor; Over 1 lb.-100 lbs.: 3rd degree felony; Over 100 lbs.: 2nd degree felony; Subsequent offense: one degree greater penalty than provided for |
3rd degree felony; subsequent offense: 2nd degree felony; Within 1000 ft. of school or sale to a minor: one degree more than provided except 1st degree felony is 5 yrs. mandatory |
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| VERMONT | Tit. 18§4230 |
Under 2 oz. and/or less than 3 plants: up to 6 months and/or $500; More than 2 oz. and/or more than 3 plants: up to 3 yrs. and/or $10,000; More than 1 lb. or more than 10 plants: up to 5 yrs. and/or $100,000; More than 10 lbs. or more than 25 plants: up to 15 yrs. and/or $500,000; Subsequent offense: Under 2 oz.: up to 2 yrs. and/or $2000 |
Under .5 oz.: 2 yrs. and/or $10,000; .5 oz.-1 lb.: up to 5 yrs. and/or $100,000; More than 1 lb.: up to 15 yrs. and/or $500,000; Subsequent offense: double penalties |
(Permissive Inference) 50 lbs or more with intent to sell: up to 30 yrs. and or $1 million |
| VIRGINIA | 54.1-3445, 18.2-247 |
Misdemeanor, jail up to 30 days and/or $500; Subsequent offense: Class 1 misdemeanor |
Up to .5 oz.: Class 1 misdemeanor; .5 oz.-5 lbs.: Class 5 felony; Over 5 lbs.: 5-30 yrs.; Proof that person gave drug only as an accommodation not for remuneration or to induce him to become addicted shall be guilty of Class 1 misdemeanor; Sale to minor or within 1000 ft. of school: stricter penalties |
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| WASHINGTON | 69.50.101, et seq. |
Up to 5 yrs. and/or $10,000; 40 g. or less is misdemeanor; Subsequent offense: double penalties |
Less than 40 g.: misdemeanor, up to 5 yrs. in correctional facility and $10,000; Subsequent offense: up to double penalties; Unlawful delivery of controlled substance used by person delivered to and resulting in user's death: deliverer guilty of controlled substance homicide: Class B felony |
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| WEST VIRGINIA | 60A-1-101 to 8-13 |
Misdemeanor, 90 days-6 mos. and/or $1000; Court may mitigate first offense of under 15 g.; Subsequent offense: double penalties |
Felony, 1-5 yrs. and/or $15,000; Subsequent offense: double penalties; Sale to minor or within 1000 ft. of school: mandatory 2 yrs. |
Transport into state with intent to deliver: felony, 1-5 yrs. and/or $15,000 |
Table 11c: Illegal Drugs: Marijuana—Continued
| State | Code Section | Possession | Sale | Trafficking |
| WISCONSIN | §961.41 et seq. |
Misdemeanor, up to 6 mos. and/or fine up to $1000; Subsequent offense: class I felony |
4 plants or 200 g. or less: class I felony; 200 g.–1 kg. or 4–20 plants: class H felony; 1–2.5 kg. or 20–50 plants: class G felony; 2.5–10 kg.: class F felony; over 10 kg.: class E felony; Subsequent offense or sale to minor: double penalties; Sale within 1000 ft. of school of less than 25 g. or 5 plants: mandatory 1 yr. without probation |
|
| WYOMING | 35-7-1001 to 1057 |
Less than 3 oz.: misdemeanor, up to 1 yr. and/or $1000; Over 3 oz.: felony, up to 5 yrs. and/or $10,000; Subsequent offense: up to 5 yrs. and/or $5000 or double penalties |
Up to 10 yrs. and/or $10,000; Subsequent offense or sale to minor or sale in drug-free zone: double penalties |
User Comments
4 months ago
i live in canada and my friend who is 19 got caught smoking out of his bong in his car by the police. He had 42 grams of marijuana what could happen to him ?
5 months ago
I have legal questions and need help, basically im getting charged with the lowest form of intent to sell which would be a class 1 misdemeanor but they are switching the states and now it turns into a felony, is that possible?
6 months ago
James
I agree 100% Rick Steves comments on YouTube. The laws against Cannabis possession/use is causing more problem then solutions. In The US!
12 months ago
lew lew
update your page California is different I'm sure.