Possession |
Crime Type |
Incarceration |
Fine |
Less than 100 g |
Minor Misdemeanor* |
None |
$100 |
100 g to 200 g |
Misdemeanor of 4th Degree |
Not more than thirty days and/or fine |
$250 |
200 g to 1000 g |
5th Degree Felony |
6 months – 1 year and/or fine |
$2,500 |
1000 g to 5000 g |
3rd Degree Felony |
1 – 5 years and/or fine |
$10,000 |
5000 g to 20,000 g |
3rd Degree Felony |
1 – 5 years* and/or fine |
$10,000 |
20,000 g or more |
2nd Degree Felony |
2-8* years and/or fine |
$15,000 |
Notes* |
*Mandatory minimum sentence *Presumption of prison |
Cultivation |
Crime Type |
Incarceration |
Fine |
Less than 100 g |
Minor Misdemeanor* |
None |
$100 |
100 g to 200 g |
4th Degree Misdemeanor |
Not more than 30 days and/or fine, |
$250-$500 |
200 g to 1000 g |
5th Degree Felony |
6 months-1 year and/or fine, |
$2500- |
1000 g to 5000 g |
3rd Degree Felony |
1-5 years and/or fine, |
$10,000- |
5000 g to 20,000 g |
3rd Degree Felony |
1-5 years and/or fine, |
$10,000- |
20,000 g or more |
2nd Degree Felony |
2-8 years MMS* and/or fine |
$15,000 |
Notes* |
*Any possession less than 5,000 may be probation only. |
Sale |
Crime Type |
Incarceration |
Fine |
Gift of 20 g or less |
Minor Misdemeanor* |
None |
$100 |
Less than 200 g |
Felony |
6 – 18 months |
Variable |
200 g to 600 g |
Felony |
1 – 5 years |
Variable |
600 g or more |
Felony |
6 months MMS* |
Variable |
To minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictions |
Felony |
Increased Penalty |
Increased Penalty |
Notes* |
*MMS= Mandatory Minimum Sentence. |
Miscellaneous |
Crime Type |
Incarceration |
Fine |
Paraphernalia possession |
Misdemeanor |
30 days |
$750 |
Paraphernalia sale |
Misdemeanor |
90 days |
$1,000 |
State Regulations |
|
Conditional Release |
The state allows alternative or diversion sentencing for people facing their first prosecutions |
MMS |
Mandatory Minimum Sentence |
Decriminalized |
The state has decriminalized marijuana to some degree |
License Suspension |
Any drug conviction causes driver’s license suspension for 6 months to 5 years. |