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Possession of cannabis is punishable by six months incarceration and/or a fine of $1,000 for the first offence, and for second or subsequent offences (includes ANY prior controlled substance conviction), 3.5 years in jail and a fine of $10,000. Conditional discharge is possible for first violations. Possession within 1,000 feet of a school, school bus, public park, public pool, youth center or community center adds an extra 100 hours of community service to the penalty for possession.
Production / Distribution / Delivery / Possession with intent of 200 grams or less of cannabis is punishable by 3.5 years in prison and a fine of $10,000. For quantities over 200 grams, the penalty increases to 6 - 15 years in prison and a fine of $10,000 - $25,000.
If an individual 17 years of age or over delivers a regulated substance to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment may be increased by 5 years. Sale within 1,000 feet of a school, school bus, public park, public pool, youth center, community center, treatment facility, jail or public housing project adds five years to the maximum possible incarceration time. Distribution or sale on a public transit vehicle also raises the maximum possible prison penalty by five years.
Possession of paraphernalia is punishable by up to a month incarceration and a fine up to $500. Delivery or possession with intent to distribute is punishable by up to 3 months incarceration and a fine up to $1,000, unless the sale or delivery was to a minor, in which case the penalties increase to a possible 9 months in jail and a fine up to $10,000.
Upon conviction of a narcotic violation, the offender's driver's license is suspended for 6 months - 5 years.
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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