Possession of one ounce or less is sentenced to up to a month in jail and a fine of $100 - $200 for a first offence. For subsequent violations, the penalties rise to up to a year in jail and a fine of $200 - $1,000. Offenders with a first violation are eligible for conditional discharges. Possession of more than one ounce is considered evidence of intent to sell and is sentenced as such.
Sale or delivery of less than ten pounds of cannabis is punishable by up to five years imprisonment and a fine up to $5,000. Sale or delivery of 10 pounds or more is judged as trafficking and all trafficking violations are subject to mandatory minimum sentences. For trafficking of less than 100 pounds, the mandatory minimum penalty is one year with a maximum of 10 years incarceration and a fine of $10,000. For sale or delivery of less than 2,000 pounds, the mandatory minimum penalty is 25 years incarceration and a fine of $25,000. For less than 10,000 pounds, the sentence is also a minimum of 25 years in prison and the fine rises to $50,000. For quantities of 10,000 pounds or over, the mandatory minimum is 25 years with a maximum of thirty and a fine of $200,000.
Sale to a minor or within a one-half mile radius of a school property, public park or playground is a separate violation and carries a penalty of up to 10 years in prison and a fine up to $10,000.
Production of less than one hundred cannabis plants is punishable by up to five years in prison and a fine of up to $5,000. Production of 100 cannabis plants or more is punishable by a mandatory minimum sentence of 25 years in prison and a fine of $25,000. For over 1,000 plants, the mandatory minimum stays at 25 years, but the fine rises to $50,000. For more than 10,000 plants the mandatory minimum penalty is 25 years with a maximum of 30 years and a fine of $200,000.
Possession of paraphernalia is sentenced to a civil fine of $500.
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 offence 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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