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Possession of one ounce or less of cannabis is a petty crime. The individual receives a summons to appear in court, and upon a promise to appear in court, the individual is to be released from detention. The maximum sentence for this offence is $100. Failure to appear in court results in the raise of the charges to a misdemeanour. Displaying or consuming the cannabis in public results in the added penalty of up to 15 days in jail. Possession of more than one ounce is a misdemeanour, punishable by 6-18 months imprisonment and a fine of $500 - $5,000, plus a $600 surcharge. Possession of more than 8 ounces of cannabis is a felony, punishable by 1 - 3 years in prison and a fine of $1,000 - $100,000 and a surcharge of $1,125. Usually, subsequent convictions of possession of over one ounce double the possible sentences.
Transfer of less than one ounce of cannabis for no consideration is considered possession and is punished. Any other transfer, sale, production or cultivation is a felony, punishable by 2 – 4 years imprisonment and a fine of $2,000 - $500,000 and a $1,500 surcharge. Any transport of more than 100 lbs. is punishable by 8 – 24 years imprisonment and a fine of $5,000 - $1,000,000. Any transfer to a minor is also a felony resulting in 2 – 4 years imprisonment and a fine of $2,000 - $500,000. Any sale within 1000 feet of a school or public housing area raises the sentences to 8 – 24 years in prison and a fine of $10,000 to $1,000,000.
Patients who possess written documentation from their doctor recommending the consumption of cannabis and are registered with the state and issued an identification card may legally possess no more than two ounces of marijuana or no more than six marijuana plants.
Any convictions for narcotic violations that involve diversion from the prison system require a mandatory 16 - 48 hours of community service.
Any felony convictions involving possession or sale of cannabis also result in the suspension of the offender's driver's license for up to one year.
Possession or sale of paraphernalia is a petty crime resulting in a fine of up to $100.
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