Possession of 50 grams or less of cannabis or being under the influence of cannabis is a disorderly conduct offence, punishable by up to six months in jail and a fine of up to $1,000. Possession of more than 50 grams is punishable by up to 18 month imprisonment and a fine of up to $25,000. Any possession within 1,000 feet of a school adds an extra100 hours or more of community service to the penalty.
Production or distribution of less than one ounce of cannabis is punishable by up to 18 months in jail and a fine up to $10,000. For quantities of one ounce or more, the penalty raises to 3 - 5 years in prison and a fine up to $25,000. Production or sale of five pounds or more or production of 10 - 50 plants is punishable by 5 - 10 years in prison and a fine up to $150,000. For quantities of 25 pounds or greater, or production of greater than 50 plants, the penalties increase to 10 - 20 years in prison and a fine up to $300,000.
If you are growing cannabis and caught with over 10 plants, the presumption of operating a narcotics production facility occurs which is a 1st degree felony carrying 10- 20 years.
Sale or distribution of cannabis within 1,000 feet of school property or on a school bus adds the imposition of a minimum penalty. For less than one ounce of cannabis, the minimum penalty imposed is between one-third and one-half of the total sentence or one year, whichever is greater. For one ounce or more, the minimum penalty imposed is between one-third and one-half of the total penalty or three years, whichever is greater. An extra fine of up to $150,000 may also be imposed for these offences.
Sale or distribution of cannabis within 500 feet of public housing, a public park or a public building raises the possible penalties. For sale of less than one ounce, the sentence raises by 3 - 5 years in prison and a fine up to $15,000. Sale or distribution in these areas of one ounce or more is punishable by 5 - 10 years imprisonment and a fine up to $150,000.
Distribution to minors or pregnant women raises the penalty to twice the possible sentence.
Use or possession of paraphernalia results in up to six months imprisonment and a fine up to $1,000. Distribution of paraphernalia results in up to 18 months imprisonment and a fine up to $10,000. Any distribution of paraphernalia to an individual under 18 years old is punishable by 3 - 5 years in prison and a fine up to $15,000.
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 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.
|
