Possession of less than one ounce of cannabis results in a fine of $500 - $1,000. Possession of one ounce or over is punishable by up to 10 years imprisonment. Conditional discharge is available for possession violations. Possession of more than 110 grams is considered a commercial narcotic offence and penalties are substantially greater, depending on the prior record of the offender.
Delivery of less than five grams, for no profit, is sentenced to a fine of $500 - $1,000. Delivery for no remuneration of less than one ounce is sentenced to up to one year imprisonment and a fine of up to $5,000. Any sale of cannabis is punishable by up to 10 years imprisonment and a fine of up to $100,000.
Possession of one ounce or less or production of three plants or less is lawful for any individual who possesses a registry identification card indicating that the person is a patient who uses marijuana for medicinal purposes. This is an affirmative defence to any charges of possession or production within the quantity limits.
If you are over 17-years-old and deliver any quantity of cannabis to a minor who is at least three years younger than you (whether or not you receive something for it), you committed a class A felony punishable by a maximum sentence of 20 years and a $100,000 fine.
Any sale to a minor, at least three years younger than the offender, or any sale within 1,000 feet of a school property is punishable by up to 20 years imprisonment and a fine of up to $300,000.
Producing any amount of cannabis is a very serious offence. 'Manufacturing' signifies growing even one plant and packaging, repackaging, labelling or relabeling cannabis. Producing cannabis is a class A felony punishable by a maximum sentence of 20 years in prison and a $100,000 fine.
Knowingly maintaining, visiting or even staying at a location where individuals are using, storing, or selling marijuana is a class A misdemeanour punishable by up to a year in jail and a $5,000 fine. Nonetheless, if the amount of cannabis is one ounce or less, and it is just kept or used on the premises, the fine is $100 and not a criminal conviction.
Any production of cannabis is punishable by up to 20 years in prison and a fine of up to $300,000.
Sale of paraphernalia is sentenced to up to one year imprisonment and a fine of up to $5,000.
A conviction for producing, possessing or delivering cannabis, or for driving under the influence of marijuana, will result in a six month drivers license suspension, unless the court finds compelling circumstances not to order the suspension of driving privileges.
Senate Bill 1085, which took effect on January 1, 2006, increases the amount of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. Nonetheless, those state-qualified patients who possess cannabis in quantities exceeding the new state guidelines will no longer retain the ability to argue an "affirmative defence" of medical necessity at trial. Patients who fail to register with the state, but who possess medical marijuana in quantities compliant with state law, still retain the ability to raise an "affirmative defence" at trial.
Conditional release: The state authorizes conditional release or alternative or diversion sentencing for individuals facing their first prosecutions. Generally, conditional release lets an individual opt for probation rather than trial. After successfully completing probation, the individual'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 right to sentence the individual to less time than the mandatory minimum. A prisoner 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.
|
