Possession of less than 100 grams of cannabis is a citable violation only, with a fine of $100. Possession of 100 grams or over is sentenced to a fine of up to $250. For possession of 200 grams or over, the penalty raises to a possible sentence of 6 months - one year in jail. Possession of 1,000 grams or over is punishable by 1 - 5 years imprisonment. Any possession of less than 5,000 grams does not carry the presumption of incarceration, which leaves a possibility of probation. Possession of 5,000 grams of cannabis or more is punishable by 1 - 5 years imprisonment. For any quantity or 20,000 grams or more the penalty raises to a mandatory minimum sentence of eight years in prison.
Delivery of 20 grams or less, for no remuneration, is judged as possession and is sentenced with a fine of $100. Sale or distribution of less than 200 grams carries a consequence of 6 - 18 months imprisonment. Sale or distribution of 200 grams or over is punishable by 1 - 5 years imprisonment. Sale or distribution of 600 grams or more carries a mandatory minimum penalty of six months and a possible 2 - 8 year sentence.
Sale to minors, sale within 1,000 feet of a school property, sale within 100 feet of a juvenile, and previous felony narcotic convictions all increase the penalty for the sale or distribution of cannabis.
Possession of paraphernalia is punishable by up to a month in jail and sale of paraphernalia is punishable by up to 3 months in jail.
For all narcotic convictions, including minor misdemeanours, the offender's driver's license is also suspended for 6 months to 5 years. Professional licenses are also suspended.
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 violations will not be eligible for parole. Even peaceful cannabis smokers sentenced to "life MMS" must serve a life sentence with no possibility of parole.
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