Possession of 60 grams or less of cannabis is a misdemeanour, punishable by up to six months in jail and a fine of $100 - $500 for the first offence. For subsequent convictions the consequences raise to up to three years in prison and a fine up to $1,000. Possession of more than 60 grams carries a sentence of up to 20 years imprisonment and a fine up to $50,000.
Cultivation or manufacture of one pound or less of cannabis is punishable by up to 10 years imprisonment and a fine up to $50,000. For quantities greater than one pound or more than 30 plants, the penalty includes a two-year mandatory minimum sentence to life imprisonment and a fine up to $50,000. Subsequent convictions can double the possible sentence.
Sale or distribution of cannabis carries a penalty of 1 year - life imprisonment and a fine up to $50,000. Sale to a minor carries an additional sentence of 2 years - life imprisonment and a fine up to $50,000. Any sale within 1,000 feet of a school property also adds an additional 3 years - life imprisonment and a fine up to $50,000.
All hazardous narcotics convictions require the offender to attend a dangerous drug information course. There is also the possibility of alternative sentencing like fines, drug treatment, community service or probation if the court feels that incarceration is not necessary.
The consequence for possession or sale of paraphernalia is up to six months imprisonment and a fine up to $500.
Conditional release: The state authorizes conditional release or alternative or diversion sentencing for individuals facing their first prosecutions. Typically, 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 an offence punishable by a mandatory minimum penalty, the judge must sentence the defendant to the mandatory minimum penalty or to a higher sentence. The judge has no authority to sentence the individual to less time than the mandatory minimum. A convict serving an MMS for a federal offence 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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