 |
Possession of 20 grams or less of cannabis is a misdemeanour, punishable by up to one year imprisonment and a fine of up to $1,000. Possession of more than 20 grams of cannabis is a felony, punishable by up to five years in prison and a fine of up to $5,000.
The delivery of 20 grams or less of cannabis for no consideration is a misdemeanour and is punishable by up to one year imprisonment and a fine of up to $1,000. Sale, delivery or production of any other quantity up to 25 pounds is a felony and punishable by up to five years in prison and a fine of up to $5,000.
Sale, delivery or production of more than 25 pounds is considered trafficking, and all trafficking violations have mandatory minimum sentences. For less than 2,000 pounds or less than 2,000 plants, there is a mandatory minimum penalty of three years and a fine of $25,000. For less than 10,000 pounds or less than 10,000 plants there is a mandatory minimum penalty of seven years and a fine of $50,000. For 10,000 pounds or 10,000 plants or more, the mandatory minimum sentence is 15 years imprisonment and a fine of $200,000.
Any sale or delivery happening within 1,000 feet of a school, college, public park, public housing, daycare center, or church is punishable by up to 15 years imprisonment and a fine of $10,000.
The possession of paraphernalia is a misdemeanour, resulting in up to one year imprisonment and a fine of up to $1,000.
Conviction of a narcotic related violation also requires suspension of the offender's driver's license for at least six months but not longer than two years.
Mandatory minimum sentence: When an individual is convicted of a violation punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no authority to sentence the individual to less time than the mandatory minimum. An inmate serving an MMS for a federal violation and for most state offences will not be eligible for parole. Even peaceful cannabis users sentenced to "life MMS" must serve a life sentence with no chance of parole.
|