31 minute read

Marijuana laws

Information on the law about Marijuana

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
 
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
 
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
 
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
 
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
 
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
 
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
 
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
 
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
 
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
 
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
 
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.
 
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
 
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
 
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.
 
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
 
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
 
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
 
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
 
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
 

Additional topics

Law Library - American Law and Legal InformationState Laws and Statutes