Possession of cannabis is punishable by up to 30 days incarceration and a fine up to $500 for the first offence and up to one year in jail and a fine up to $2,500 for subsequent offences.
Production of cannabis is punishable by 5 - 30 years in prison and a fine up to $10,000. A conviction for production of cannabis must include proof that the marijuana was being grown for a purpose other than the grower’s personal use.
The delivery or sale of one-half ounce of cannabis or less is punishable by up to one year incarceration and a fine up to $2,500. For over one-half ounce, the penalties increase to a possible 1 - 10 years imprisonment and a fine up to $2,500. Sale or delivery of more than five pounds carries a penalty of 5 - 30 years imprisonment. Any quantity of 100 kilograms or more is punishable by a mandatory minimum sentence of twenty years in prison with a possible maximum of life in prison and a fine of up to $1,000,000.
Any sale to a minor carries a sentence of 10 - 50 years imprisonment and a fine of up to $100,000. Any sale within 1,000 feet of a school, school bus, school bus stop, recreation center, public library or state hospital is penalized by 1 - 5 years incarceration and a fine up to $100,000.
Transporting five pounds or more into the state with the intent to sell carries a punishment of 5 - 40 years imprisonment, with a three-year mandatory minimum sentence, and a fine of up to $1,000,000.
Probation with modified proceedings is possible for first offenders in certain instances.
The sale of paraphernalia is penalized by up to one year incarceration and a fine up to $2,500, unless the sale was to a minor, in which case the penalty increases to 1 - 5 years in prison and a fine up to $2,500.
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 right to sentence the offender to less time than the mandatory minimum. A convict serving an MMS for a federal violation and for most state offences 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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