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Possession of less than one ounce of cannabis is a misdemeanour and can be punished by up to one year imprisonment and a fine of up to $1,000. Nonetheless, upon a first narcotic conviction the individual may be placed on probation, and upon successful completion the proceedings against him may be discharged. Possession of one ounce or more is a felony and results in 1 - 10 years imprisonment.
Any cultivation, production or distribution is a felony, punishable by 1 - 10 years imprisonment.
Any possession, production or distribution of more than 50 pounds is considered trafficking and all trafficking violations carry mandatory minimum sentences. For quantities over 50 pound but less than 2,000 pounds, the sentence is a minimum of 5 years in prison and a $100,000 fine. For 2,000 pounds to less than 10,000 pounds, the minimum penalty is 7 years imprisonment and a fine of $250,000. For 10,000 pounds or over, the minimum penalty is 15 years and a $1,000,000 fine.
The use of any communication facility, like a telephone or radio, during any narcotic felony may add 1 - 4 years to the sentence and a fine of $30,000.
Distribution or possession within 1,000 feet of any school, park, playground, recreational center or narcotic free commercial zone is punishable by up to 20 years imprisonment and a fine of up to $20,000, for the first conviction. A second conviction results in 5 - 40 years imprisonment and a fine of up to $40,000.
Upon a first conviction of a narcotic violation, the offender's driver's license is suspended for at least six months and will be reinstated only upon completion of a drug use program. For a second conviction, the suspension will be at least one year and for a third one, the suspension will be at least two years.
Professional licenses can also be suspended upon a narcotic conviction.
Conditional release: The state authorizes conditional release or alternative or diversion sentencing for individuals facing their first prosecutions. Generally, conditional release lets an individual opt for probation rather than trial. After successfully finishing probation, the person's criminal record does not reflect the charge.
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 violations will not be eligible for parole. Even peaceful cannabis users sentenced to "life MMS" must serve a life sentence with no chance of parole.
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