 |
Possession of less than one ounce of cannabis is a misdemeanour violation, punishable by up to 30 days in jail and a fine of up to $1,000. Possession of one ounce or more is a misdemeanour resulting in up to one year imprisonment and a fine of up to $2,000. Any possession of quantities of one pound or more are felonies. The possible penalty for possession of one pound or more is up to 5 years imprisonment and a fine of up to $10,000. Possession of two pounds or more results in up to 10 years imprisonment and a fine of up to $25,000. Possession of 25 pounds or more might result in up to 25 years imprisonment and a fine of up to $50,000.
For first time offenders, the court may change proceedings, place the accused on probation and upon completion of the probationary period the court can suspend the charges.
For production of 25 plants or more, the possible penalty can be up to 5 years in prison and a fine of up to $10,000. For 50 plants or more the penalty can be up to 10 years imprisonment and a fine of up to $25,000. For 100 plants or more the penalty can be up to 20 years imprisonment and a fine of up to $50,000.
Sale or distribution of less than one ounce of cannabis is a misdemeanour, punishable by up to one year imprisonment and a fine of up to $2,000. Sale or distribution of any quantity over one ounce is a felony. For one ounce or more, the penalty can be up to 5 years imprisonment and a fine of up to $10,000. For one pound or more, the penalty can be up to 10 years imprisonment and a fine of up to $25,000. For five pounds or more the penalty increases to a possible 20 years imprisonment and a fine of up to $50,000.
It is an affirmative defence to any cannabis related violation that the individual distributing or possession the marijuana was authorized to do so for medical purposes.
Any cannabis discovered in a vehicle results in all the occupants of the vehicle being charged with its possession unless the cannabis was found on the person of one of the occupants.
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.
|
