Possession of one half ounce or less is punishable by up to a month incarceration, most likely suspended. Possession of more than one half ounce is punishable by 1 - 120 days in jail, with a possibility of community service or probation instead of jail. Possession over 1.5 ounces rises the penalties to up to 12 months in jail.
Production, cultivation, sale or delivery of less than five grams, for no remuneration (payment, barter, or exchange of any kind) is judged as possession and not sale. For quantities of ten pounds or less, the penalty is up to a year in jail.
Consequences for sale, delivery or production are increased if the sale occurs within 300 feet of a school zone if the offender is over 21 and if the sale was made to a minor or to a pregnant woman.
Possession of paraphernalia is sentenced to up to six months incarceration.
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.
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