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Possession of one ounce or less of cannabis is an infraction, and the individual receives a citation and is subject to a $100 fine and possible referral to a drug education course for the first offence. For a second violation, the penalty raises to a possible 5 days in jail and a fine of $200. For subsequent violations, the fine raises to $300 and a possible 7 days jail time. For possession of more than one ounce, the penalty is up to a week in jail and a fine up to $500. Possession of more than one pound is punishable by up to five years imprisonment and a fine up to $10,000.
The consequence for distribution of cannabis is up to 20 years in prison and a fine up to $25,000. The penalty rises for sale to minors and sale within 1,000 feet of a school, college or playground, or within 100 feet of a youth center, public swimming pool or video arcade to the next higher classification of violation.
Possession of paraphernalia is penalized by a fine of $100 for the first violation. For the second violation, the fine raises to $200 - $300 and for subsequent offences, the fine increases to $200 - $500. Sale of paraphernalia results in up to six months imprisonment and a fine up to $1,000.
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 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. A convict 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.
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