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if caught with a pound of weed

Appendix: State-by-State List of Marijuana Laws

Compiled by the National Organization for the Reform of Marijuana Laws (NORML)

Alabama

= 2.2 lb.: 3 M; $25,000; possible 10-99 years
> 100 lb.: 5 M; $50,000
> 500 lb.: 15 M; $200,00
> 1000 lb.: life without parole M

Sale to minors: 2-20; $10,000

Sale within 3 miles of a school or public housing project: 5

Drug trafficking enterprise:

1st offense: 25-life; $50,000-$1,000,000
2nd offense: life M, no parole

Driver’s license suspension: 6 months

Alaska

Possession of over 1 oz. with intent to distribute: up to 5; $50,000

Sale within 500 ft. of a school: 1;$50,000

>1 oz.: 0-5; $50,000
(Manufacture means growing or producing with the intent to give to someone else.)

Maintaining a structure/dwelling for purpose of manufacturing/delivery: 0-5; up to $50,000

Suspended imposition of sentence available for 1st offense if not a felony: 2-3 years of probation.

Note: If the referendum of 1990 is overturned and the Ravin decision reinstated, up to 4 oz. will be legal for personal possession.

Arizona

Sale within 1000 ft. of a school: 1; $2000

Delivery or transport for sale:

Offenders placed on probation or early release generally are required to perform 24 to 360 hours of community service.

Arkansas(C)

Sale to minor: 5-20; $15,000

Sale within 100 ft. of a school, public park, community/recreation center, skating rink, or video arcade: 5-20; $15,000

Driver’s license suspension: 6 months

California (D)

for personal use only: suspended sentence, drug education, charges dropped.
For non-personal use: up to 16 months, 2-3 years probation available.
No plant number or weight breakdown.

Selling/giving away/importing/transporting into California: 2-4

Colorado (D)

Generally, one prior conviction over 1 oz. doubles penalties.

Possession of paraphernalia: $ 100

Sale of paraphernalia: 0-1; $250-$1,000

Sale to minor; 2-8; $2,000-$5,000

Two prior violations involving manufacture: 2 M

Connecticut

Possession of paraphernalia: 90 days; $500

Professional licenses supension

Delaware (C)

Possession: 1; $2,300
Manufacture/delivery: up to 2
Delivery to a minore: up to 5

Cultivation: up to 5; $10,000

Any delivery: 5; $10,000

Maintaining a dwelling or vehicle (including smoking in your car): up to 3; court’s discretion on fine

Delivery to minor:

up to 5
if minor is under 16, 6 months M
if minor is under 14, 1 M

Sale within 1000 ft. of school: 15: $250,000

Suspended sentences for marijuana offenses except for trafficking.

District of Columbia (C)

Possession (any amount): 0-180 days; $1,000

Cultivation/delivery/sale (any amount)

Sale to minor: penalty doubles

First time possession offenders are eligible for probation followed by dismissal.

Driver’s license suspension: 6 months

Florida

Possession of paraphernalia: 0-1; $1,000

Sale (any amount): up to 5; $5000

Sale to minor: 15; $10,000

Sale within 1000 ft. of school, public housing project, or public park: 15; $10,000

Georgia

1 oz.: 1-10: $1,000
>5 lb.: 3 M; $25,000
>100 lb.: 5 M; $50,000
>500 lb.: 15 M; $100,000

Possession of paraphernalia: 0-1; $1,000

Cultivation: up to 10; $100,000

Trafficking: see sale or possession

Use of a communications facility ( including mail and telephone) in committing drug felony may add 1-4; $30,000

Sale with 1000 ft. of school, public park, public housing project: up to 20; $20,000

Driver;s license suspension: 6 months
(reinstatement only with treatment)
Proffessional licenses suspension
Second drug felony is punishable by life in prison.

Hawaii (C)

1 oz.: up to 1; $2,000
>2.2 lbs.: up to 5; $10,000
>40 lbs.: up to 10; $25,000

25+ plants: up to 5, $10,000
100 or more plants: up to 10; $25,000

Sale within 750 ft. of a school: 5

Presence of marijuana in a vehicle constitutes possession for all passengers, unless found on the person of an occupant.

Distribution to minors: 10: $25,000

Idaho (C)

3 oz.: up to 5; $10,000
by a prisoner: 1-5; $1,000
by a minor (misdemeanor amounts): 30 days detention; $300

Possession of paraphernalia: 0-1; $1000

=1 lb.: (or 25-49 plants): 1 M; $5,000
>=5 lb.: (or 50-99 plants): 3 M; $10,000
>=25 lb. (or 100+ plants): 5 M; $15,000
Possible maximum: 15; $50,000.

Sale to minor: doubled prison time

Sale on school grounds: penalty doubles

A person’s presence in a place where, with his/her knowledge, illegal drug activity is taking place is a punishable by up to 3 months; $300.

Required evalution with all drug convictions; court can order treatment.

Illinois (C)

=2.5 g.: up to 6 months: $500
>=10 g.: up to 1; $1,000
>=30 g.: 1-3; $10,000
>= 500 g.: 2-5; $10,000

1-5 plants: 0-1; $1,000
5-20 plants: 1-3; $10,000
20-50 plants: 2-5; $10,000
>50 plants; 3-7; $100,000

2.5 g.: up to 1; $1,000
>10 g.:1-3; $10,000
>30 g.: 2-5; $50,000
>500 g.: 3-7; $100,000
>2500 g.: is considered trafficking: 6-14 M; $100,000

Sale to minor: penalty doubles

Sale within 1000 ft. of school: 3-7; $200,000

Calculated criminal conspiracy: 2-5; $200,000

Indiana (C)

Possession of paraphernalia: $5,000

“Reckless possession of paraphernalia”: 0-1; $5,000

Sale to minor: 1-5; $10,000

Sale within 1000 ft. of school: 2-8; $10,000

Driver’s license suspension: 6 months-2 years

Knowingly visiting a place where drugs are used is punishableby up to 180 days; $1000.

Iowa (C)

=50 kg.: up to 10; $1,000-$50,000
>=100 kg.: up to 25; $5,000-$100,000
>1000 kg.: up to 50; $1,000,000

Sale to minor within 1000 ft. of school or public park: 10-25 M

Driver’s license suspension: 6 months

Kansas (C)

Possession of marijhuana (any amount), paraphernalia, or delivery of paraphernalia: up to 1; $2,500

Possession with intent to sell, cultivate, sale:

1st offense: up to 1; $2,500
2nd & subsequent: 23-26 months

Possession, attempt to buy or sell up to 500 g. or 25 plants: optional non-prison available if appropriate treatment likely to be more effective and will serve community safety.

Sale to minor: 1-10

Sale within 1,000 ft. of school: 60-68 months

Kentucky (C)

=5 plants: 1-5; $3,000-$5,000 (1st offense)
5-10 (subsequent offenses)

Sale to minor: 1-5; $10,000

Sale within 1000 ft. of school: 1-5; $3,000-$5,000

Possession of more than 8 oz. is considered prima facie evidence of intent to sell.

Driver’s license suspension for minors only: 1-2 years

Louisiana (C)

0-6 months; $500 (1st offense)
0-5 hard labor; up to $2,000 (2nd offense)
0-20 hard labor (3rd offense)

=60 lbs.: 5-30 hard labor;
$25,000-$50,000; no probation or parole
>=2000 lbs.: 10-40 hard labor;
$50,000-$200,000; no probation or parole
>=10,000 lbs: 25-40 hard labor;
$200,000-$500,000; no probation or parole

Sale to minor: penalty doubles

Sale within 1,000 ft. of school: at least half of maximum term for offense served without parole or suspension

Driver’s license suspension: 90 days-1 year

Maine (D)

1.25 oz. is considered evidence of intent to furnish marijuana: see penalties for sale

Possession of paraphernalia: 0-6 months; $200

100-500 plants: 1-5 M; $5,000
500+ plants: 2-10 M; $20,000

Sale to minor: 5; $5,000

Possible suspension of professional license

Court can overrice minimums if it finds it will be a substantial injustice to defendant and won’t hurt public, and no prior criminal history.

Maryland

Use/possession (any amount): 0-1; $1,000

Possession of paraphernalia: $500

>=100 lbs.: 0-25; up to $50,000
Using a minor: 0-20; $20,000

Massachusetts (C)

=50 lbs.: 2.5-15; $10,000; 1 M
>=100 lbs.: 3-15 M; $25,000
>=10,000 lbs.: 10-15; $200,000

Sale to minor: 2.5-15: $1,000-$25,000

Sale within 1000 ft. of school: 2.5-15; $1,000-$10,000

Manufacture/sale of paraphernalia: 1-2; $500-$5,000

Sale of paraphernalia to minor:

First time possession offenders are placed on probation.

Driver’s license suspension: 6 months

Distribution: license suspension for 2 years

Distribution over 50 lbs.: license suspension for 5 years

Michigan (C)

Use: 0-90 days; $100

Possession (any amount): 0-1; $1,000

Cultivation/delivery/sale (any amount): 0-4; $2,000

Sale to minor: penalty doubles

Sale within 500 ft. of school: penalty doubles

Manufacture/sale of paraphernalia: 3 months; $5000

Minnesota (C,D)

“small amount” (= =10 kg.: up to 20; $250,000
>=50 kg.: up to 25; $500,000
>100 kg.: up to 30; $1,000,000

>=2 kg.: up to 5; $10,000
>=5 kg.: up to 20; $250,000
>=25 kg.: up to 25; $500,000
>50 kg.: up to 30; $1,000,000

Sale to minor: up to 20; $250,000

Sale within 300 feet or 1 city block of school, public park, or public housing: 15-30; $100,000-$1,000,000

Driver’s license suspension: 30 days

Possession of more than 1.4 grams in a motor vehicle is punisable by up to one year in prison and a $1,000 fine.

Mississippi (D)

Possession of paraphernalia: up to 6 mos; $500

=1 oz.: up to 20; $30,000
>=1 kg.: up to 30; $100,000-$1,000,000
>10 lbs.: life without parole

Sale to person under 21; penalty doubles

Sale within 1500 ft. of school: penalty doubles

Additional penalties for possession in a motor vehicle (trunk excepted).

Driver’s license suspension: 6 months

Missouri (C)

Possession of paraphernalia: 0-1; $1,000

5 g.: 5-15
>30 kg.: 10-life
>100 kg.: life without parole

Sale to minor: 5-15

Sale within 1000 ft. of school or public housing project: 10-30

Sale of paraphernalia: 0-5; $5,000

Additional penalties for sale near government-assisted or public housing.

Cultivation (any amount): 5-15

Montana

Possession of paraphernalia: up to 6 months; $500

Sale to minor: 4-life: $50,000

Sale within 1000 ft. of school: 3-life; $50,000

Continuing criminal enterprise; additional penalty 2-3 times that of underlying offense

A minimum of one kilogram is required to trigger intent to sell.

Nebraska (D)

Use; 0-3 months; $500

Sale to minor moves penalty for offense to next highest classification.

Sale of paraphernalia to minor: 0-1; $1,000

Nevada (C)

1-6; $5,000 (1st offense)
1-10 (2nd offense)
1-20 (3rd offense)

3-20; no parole or probation (1st offense)
5-20; no parole or probation (2nd offense)
15-life; no parole or probation (3rd offense)

Possession of paraphernalia: up to 6 months; $1,000

Sale within 1,000 ft. of school, video arcade, public pool, youth center: penalty doubles

New Hampshire (C)

Possession (any amount): 0-1; $1,000

Sale within 1,000 ft. of school: penalty doubles

Sale of paraphernalia: up to 1; $1,000

Drug enterprise: 25-life; $500,000 M

Driver’s license revocation is authorized for convictions with intent to sell. Any license may be revoked for 60 days to two years for possession while operating a motor vehicle.

New Jersey

Sale to minor: penalty doubles

Sale within 1,000 feet of school:

Driver’s license suspension: 6 months-2 years

New Mexico (C)

= 1 oz.: 0-1; $1,000
>8 oz.: 0-2; $6,667 (1st offense)
0-4; $6,6667 (subsequent offenses)

Possession of paraphernalia; 0-1: $50-$100

Small amounts, no remuneration:
same as possession
= 100 lbs.: 0-3 $5,000

Sale to minor: 0-3

Sale within 1,000 ft. of school: 0-3

Any part of penalty can be suspended.

All first offenders eligible for probation, no fine, and expungement of conviction.

New York (C,D)

=lt;25 g.: $100
>25 g.: 0-3 months; $500
>2 oz.: 0-1; $1,000
>8 oz.: 0-4; $5,000
>1 lb.: 0-7; $5,000
>10 lbs.: 0-15; $5,000

Sale to minor: 0-7; $5,000

Driver’s license suspension: 6 months

North Carolina (C,D)

=5 oz.: 1-20 days, community service or intermediate/active probation
&gt 1.5 oz.: 8-13 months
&gt50 lbs.: 25-30 months; $5,000
>100 lbs.: 35-42 months M; $25,000
>2000 lbs.: 70-84 months; $50,000
>=10,000 lbs.: 175-219 months M;
minimum fine $200,000

Possession: up to 1; $500
Manufacture/delivery; up to 2; $1,000

18-21 years old; felony, 1 class higher than normal penalty
21 or older; 2 classes higher

North Dakota (C)

Sale to minor; 4 M

Sale within 1,000 ft. of school: 4; $1,000

Possession of under .5 oz., while operating a motor vehicle; !; $1,000

Ohio (C,D)

Possession of paraphernalia; 0-30 days; $250

“Corrupting another with drugs”: 0-3 mos; $2,500

Sale to minor: 1; $1,000

Sale within 1,000 ft. of school: 1 M

Sale of paraphernalia to minor: 6 months; $1,000

Driver’s license suspension: 6 months-5 years

Professional licenses suspension

Oklahoma (C)

Cultivation: 2-life; $20,000

Possession of paraphernalia; 1; $1,000

Sale to minor: penalty doubles

Sale within 1,000 ft. of school: penalty doubles

Driver’s license suspension.

Oregon (C,D)

Manufacture: up to 20

Possession of paraphernalia: up to 1; $5,000 plus civil fine of $2,000-$5,000

Sale (any amount): 0-10; $200,000

Sale to minor: 0-20; $300,000

Sale within 1,000 ft. of school: 0-20; $300,000

Pennsylvania (C)

(any amount): 0-15; $250,000
&gt:=2 lbs. or >=10 live plants: 1 M; $5,000
>=10 lbs. or >=21 live plants: 3 M; $15,000
>=50 lbs. or >=51 live plants: 5 M; $50,000

Sale to minor: penalty doubles

Sale within 1,000ft. of school or college: 1-2 M

Possession of paraphernalia: 0-1; $5,000

Sale of paraphernalia to minor: 2; $5,000

Driver’s license suspension: 6 months

Rhode Island

Manufacture/possession with intent to deliver (no amt. specified): 0-30; $3,000-$100,000

Sale to minor: 1; $10,000

Sale/possession within 1,000 feet of school: enhanced penalties

Driver’s license supension for offenses involving use of motor vehicle.

South Carolina

Possession: 1000 plants: 25+ M; $50,000
>10,000 plants: 25+ M; $200,000

10 lbs.-100 lbs.: 1-10 M; $10,000
100 lbs.-2,000 lbs.: 25+M; $25,000
2,000 lbs.-10,000 lbs.: 25+M: $50,000
>10,000 lbs.: 25+M; $200,000

License suspension: 6 months

Possession of more than 1 oz. of marijhuana is deemed to be possession w/intent to distribute.

South Dakota

Additional civil penalty of up to $10,000 for any possession offense.

Possession of paraphernalia: 0-30 days; $200

= 1 oz.: 30 days-2; $2,000
>=5 lb.: 30 days-5; $5,000
>=1 lb.: 30 days-10; $10,000

Mandatory minimum of 30 days for sale of any amount.

Sale to minor; 5 M; $10,000

Sale within 500 ft. of school, youth center, public pool, video arcade: 5 M

Driver’s license suspension: 90 days

Tennessee

Possession: 5 oz.: 1-5; $5,000
>=10 lbs.: 4-10; $10,000
>=70 lbs.: 8-12; $200,000

Sale to minor under 12: penalty classification moves one level higher.

Sale of paraphernalia: 1-6; $3,000

Texas

= 2 oz.: up to 1; $4,000
>4 oz.: 180 days-2 years; $10,000
>5 lbs.: 2-10; $10,000
>50 lbs.: 2-10; $10,000
>2000 lbs.: 5-99; $50,000

Possession of paraphernalia: $500

=25 oz.: 180 days-2 years; $10,000
>=5 lbs.: 2-20; $10,000
>=50 lbs.: 5-99; $10,000
>=2000 lbs.: 10-99; $100,000
Sale to minor; 2-20; $10,000

Sale within 1,000 ft. of school or 300 ft. of youth center, public pool, video arcade: penalty doubles

Sale of paraphernalia: up to 1; $3,000

Spending funds denved from the sale of more than 50 lbs. is in itself an offense punisable by 5 years to life or 99 years and a fine of $50,000-$1,000,000.

Driver’s license suspension: 6 months

Possession of paraphernalia: 6 months; $1,000

Sale of parphernalia: 1; $2,500

Sale of paraphernalia to minor: 0-5; $5,000

Sale within 1,000 ft. of school, public park, amusement park, recreation center, church, synagogue, shopping mall, sports facility, theater, or public parking lot increases level of offense by one degree.

Any drug offense with minor present; 5 M

Vermont

4-10 plants: 0-3; $10,000
11-25 plants: 0-5; $100,000
>25 plants: 0-15; $500,000

Penalties enhanced for sale/delivery to minors

Virginia (C)

Cultivation (any amount): 5-30; $10,000

Sale to minor; 10-50; $100,000 (1 year M)

Sale within 1,000 ft. of school: 1-5 M; $2,500-$100,000

Sale of paraphernalia; 1; $2,500

Sale of paraphernalia to minor: 1-5; $2,500

Driver’s license suspension: 6 months

Washington

>40 g.: 0-90 days; $1,000; 24 hours in jail M
>=40 g.: 0-5; $10,000

Possession of paraphernalia: 0-90 days; $1,000

Cultivation/delivery/sale (any amount): 0-5; $10,000

Sale to minor: penalty doubles

Conspiracy to cultivate, deliver, or sell: 0-12 months

Cultivation/delivery/sale within 1,000 feet of a school can increase time of sentence by 24 months plus 12 months if armed with a deadly weapon.

Driver’s license suspension: 90 days for those under 21

West Virgina (C)

Cultivation/delivery/sale (any amount): 1-15; $25,000

Sale to minor: 2 M

Sale within 1,000 ft. of school: 2 M

First-time possession offenders may be placed on probation without further penalties.

Wisconsin (C)

Possession (any amount): 0-6 months; $1,000 (for 1st. offense; 2nd offense doubles penalty)

Possession of paraphernalia: 0-30 days; $500

Delivery to prisoner: penalty doubles

Sale to minor: penalty doubles

Sale within 1.000 feet of school, public park, public pool, youth center, community center, school bus: 1 M (up to 24 grams or 4 plants over that amount: 3 M) (5 years can be added to regular penalty)

Possession near the above: 100 community service M

Delivery of paraphernalia and/or possession with intent to distribute: up to 9 months; $10,000

Sale of paraphernalia to minor: 0-90 days; $1,000

Sale of marijuana or paraphernalia to a minor: seller must be 3 years older for increased penalties to apply

Mandatory doubling of sentences for 2nd and subsequent offenses

Courts can undercut a sentence if it is in the best interest of the community and public won’t be harmed.

Driver’s license suspension: 6 months-5 years

Wyoming (C)

Use: 0-90 days; $100

Possession (any amount): 0-6 months; $750

Cultivation (any amount): 0-6 months: $1,000

elivery/sale (any amount): 0-10; $10,000

Sale to minor: penalty doubles

Sale within 500 ft. of school: 2: $1,000 M

Federal

=100 kg.: 5-40; $2,000,000
>=1000 kg. (or 100 to 1000 plants): 10-life; $10,000,000

>=100 plants or 100 kg.: 5 M
>=1,000 plants or 1,000 kg.: 10 M

Distribution within 1,000 ft. of school or playground or within 1,00 ft. of youth center, public pool, video arcade: penalty doubles ( 1 year M unless =

Notes

  • The penalties listed apply to fist-offense convictions only. Most states have increased penalties for subsequent offenses.
  • Many states have additional or enhanced penalties for certain offenses, such as sale within a specified distance of a school. These offenses and all applicable penalties have been noted, when possible. However, it should not be assumed that such penalties do not apply just because they have not been listed for a particular state.
  • Any amount listed for “possession” generally implies that it is intended for personal consumption. Possession of large amounts of marijuana will, in most states leed to charges of “possession with intent to distribute” (same as “sale”).
  • Units of weight vary from state to state. For Comparitive purposes:

One ounce (oz.) = 28.35 grams (g)
One pound (lb.) = 16 ounces = 453.59 gams
One kilogram (kg.) = 1,000 grams = 2.2 pounds

D = The state has “decriminalized” marijuana to some degree. In general, this means that there is no possible prison time or criminal record for first-time possession of a specified amount for personal consumption. Instead, it is treated like a minor traffic violation.
C = State allows for the conditional release or alternative/diversion sentencing of first-time possession offenders. In general, this means that an indiviual can be put on probation instead of on trial. Upon succesful completion of the program, the indiviual is spared any of the stated penalties and accompanying criminal record.

Appendix: State-by-State List of Marijuana Laws Compiled by the National Organization for the Reform of Marijuana Laws (NORML) Alabama = 2.2 lb.: 3 M; $25,000; possible 10-99 years > 100

Marijuana laws

Information on the law about Marijuana

Table 11c: Illegal Drugs: Marijuana

State Code Section Possession Sale Trafficking
ALABAMA 20-2-1, et seq.; 20-2-23 3 (j); 13A-12-210 to 215, 231(i) Personal use: Class A misdemeanor;
Subsequent offense or possession of marijuana for other than personal use: Class C felony
Class B felony; Class A for sale to minor;
Sale on school campus or within 3 mile radius: 5 yrs.
1 kilo-100 lbs: minimum 3 yrs. and mandatory $25,000;
100-500 lbs.: minimum 5 yrs. and mandatory $50,000;
500-1000 lbs.: minimum. 15 yrs. and mandatory $200,000;
Over 1000 lbs.: life without parole
ALASKA 11.71.010, et seq. To possess marijuana with reckless disregard that possession occurs within 500 feet of a school or recreation/youth center or on a school bus or to knowingly maintain storage or transportation facilities for keeping/distributing or to render a drug counterfeit or to possess 25 or more plants: Class C felony
ARIZONA 13-3401, 3405; 36-2501, et seq. Under 2 lb.: Class 6 felony;
2-4 lbs.: Class 5 felony;
4 lbs. and over: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater
Under 2 lbs.: Class 4 felony;
2-4 lbs.: Class 3 felony;
over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000
Producing marijuana: less than 2 lbs.: Class 5 felony;
2-4 lbs.: Class 4 felony;
Over 4 lbs.: Class 3 felony;
Transporting/importing: less than 2 lbs.: Class 3 felony;
Over 2 lbs.: Class 2 felony
ARKANSAS 5-64-101, et seq. 1st offense: Class A misdemeanor;
2nd offense: Class D felony;
3rd offense: Class C felony
Delivery or intent to deliver marijuana is a Class C felony, 4-30 yrs., depending on the amount sold, and/or fine of $25,000 to $100,000; increased penalty within 1000 ft. of school 1 oz. possession of marijuana creates rebuttable presumption or intent to deliver

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
CALIFORNIA Health & Safety §11000, et seq.; 11357, et seq.; §11362.5 medical use of marijuana Possession of any concentrated cannabis: prison in county jail up to 1 yr. or fine up to $500 or both;
Up to 28.5 grams: misdemeanor and fine of up to $100;
Over 28.5 grams: prison up to 6 months or fine up to $500 or both;
If over 18 and possession under 28.5 grams on grounds of school: misdemeanor and fine up to $500;
Under 18 and possession under 28.5 grams on grounds of school: misdemeanor and fine up to $250;
Second offense: up to $500 or up to 10 days in juvenile home program
Possession for sale: imprisonment in state prison 2-4 yrs. for transporting, selling, etc. If under 28.5 grams: misdemeanor and fine up to $100; Adults who give or sell to, hire or use, or induce a minor under 14 in transporting, selling, giving away, preparing or peddling any marijuana: state prison for 3, 5, 7 years; to a minor over 14: state prison for 3, 4, 5 years
COLORADO 18-18-101, et seq., 18-18-406 Under 1 oz.: Class 2 petty offense, $100 fine;
1-8 oz.: Class 1 misdemeanor or Class 5 felony with prior conviction;
Over 8 oz.: Class 5 felony or Class 4 felony with prior conviction;
Public use: Class 2 petty offense, $100 fine and 15 days
Class 4 felony (transferring under 1 oz. for no consideration is possession, not a dispensing offense);
Subsequent offense: Class 3 felony, fine up to $10,000;
Over 18 yrs. old selling to minor under 15: Class 4 felony, fine up to $5,000
CONNECTICUT 21a-278, 279 Under 4 oz.: 1 yr. and/or $1000;
Over 4 oz.: 5 yrs. and/or $2000;
Over 1 kilo: 5-20 yrs. to life;
Subsequent offense: Under 4 oz.: 5 yrs. and/or $3000;
Over 4 oz.: 10 yrs. and/or $5000; add 2 yrs. if within 1500 ft. of school or child day care center
Over 1 kilo: 5-20 yrs.;
Subsequent offense: 10-25 yrs.;
If sale within 1500 ft. of school or child day care center: additional mandatory 3 yrs.;
Sale to minor or person 2 yrs. junior: additional mandatory 2 yrs.; court may suspend mandatory minimum sentence if person is under 18 or lacks mental capacity

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
DELAWARE Tit. 16 §4701, et seq.; 4753A Class A misdemeanor (If applicable, can be subject to First Offenders Controlled Substances Diversion Program §4764);
Knowingly making a purchase from a minor under 18: Class E felony. Purchasing from a minor under 16, 6 months no suspension, probation, parole. Seller is under 14 yrs. 1 year mandatory sentence
Class E felony: 5 yrs. and $1000 to $10,000 (more severe if near school §4767-68) 5 lbs. or more: class B felony; 5-100 lbs.: $25,000 and minimum 2 yrs.;
100-500 lbs.: $50,000 and minimum 4 yrs.;
Over 500 lbs.: $100,000 and minimum 8 yrs.
DISTRICT OF COLUMBIA 48-901.02 et seq.; 48-904.01 et seq. Misdemeanor, up to 1 yr. and/or $1000;
Subsequent offense: double penalties
Crime with penalty of 1 yr. and/or $10,000;
Subsequent offense: double penalties;
Within drug-free zone or sale to minor: up to twice the punishment
FLORIDA 893.13, et seq. 3rd degree felony;
Under 20 g.: 1st degree misdemeanor;
In excess of 25 lbs. is trafficking (1st degree felony)
3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084;
Subsequent offense: 10 yrs.
All sentencing done pursuant to sentencing guidelines: 25-2000 lbs.: mandatory $25,000 and 3 yrs.;
2000-10,000 lbs.: mandatory $50,000 and 7 yrs.;
Over 10,000 lbs.: 15 yrs. and mandatory $200,000
GEORGIA 16-13-30, et seq. Over 10 lbs. is trafficking; possession at all is a felony with penalty of 1-10 yrs. Felony: 5-30 yrs. 10-2000 lbs.: 5 yrs. and mandatory $100,000;
2000-10,000 lbs.: 7 yrs. and mandatory $250,000;
Over 10,000 lbs.: 15 yrs. and mandatory $1,000,000

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
HAWAII 329-14, et seq.; 712-1240, et seq. Possession of 25 or more marijuana plants or possession of 1 lb. or more of anything containing marijuana: Class C felony;
2 lbs. or more: Class B felony;
25 lbs. or more: Class A felony;
Possession of over 100 plants: Class A felony;
Distribution of any small amount or possession of any small amount: misdemeanor
Sale of any amount: Class C felony;
1 lb. or more: Class B felony;
5 lbs. or more: Class A felony
IDAHO 37-2701, et seq. Under 3 oz.: misdemeanor with penalty of up to 1 yr. or $1,000 or both;
Over 3 oz.: felony, 5 yrs. and $10,000;
Subsequent offense: double penalty
Felony: 5 yrs. and $15,000; Subsequent offense: double penalty 1 lb. or more or 25 plants or more: felony;
1-5 lbs. or 25-50 plants: mandatory 1 yr. and $5,000;
5-25 lbs. or 50-100 plants: mandatory 3 yrs. and $10,000;
25-100 lbs. or over 100 plants: mandatory 5 yrs. and $15,000;
Maximum number of yrs. 15 and maximum fine $50,000
ILLINOIS 720 ILCS 570/100, et seq., Uniform Controlled Substances Act; 720 ILCS 550/1, et seq. “Cannabis Control Act” Under 2.5 g.: Class C misdemeanor;
2.5-10 g.: Class B misdemeanor;
10-30 g.: Class A misdemeanor;
30-500 g: Class 4 felony;
500-2,000 g.: Class 3 felony;
2,000-5,000 g.: class 2 felony;
>5,000 g.: class 1 felony;
Subsequent offense: 10-30 g.: Class 4 felony;
30-500 g.: Class 3 felony;
Producing plants: 1-5: Class A misdemeanor;
5-20: Class 4 felony;
20-50: Class 3 felony;
Over 50: Class 2 felony with fine up to $100,000
Under 2.5 g.: Class B misdemeanor;
2.5-10 g.: Class A misdemeanor;
10-30 g.: Class 4 felony;
30-500 g.: Class 3 felony and up to $50,000 fine;
500-2,000 g.: Class 2 felony for which a fine not to exceed $100,000 may be imposed; 2,000-5,000 g.: class 1 felony and up to $150.000; >5,000 g.: class X felony and up to $200,000;
Enhanced penalties for sale to person 3 yrs. junior or on school grounds
Over 2500 g. is trafficking: penalty is double that of sale

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
INDIANA 35-48-2-1, et seq.; 35-48-4-10, 11 Under 30 g.: Class A misdemeanor;
Over 30 g.: Class D felony;
Subsequent offense: Class D felony
Class A misdemeanor; 10 lbs. or more or delivered on school property or bus or within 1000 feet of either: Class C felony;
Class C felony: 10 lbs or more on a school bus;
Sale of 30 g. to 10 lbs. and recipient a minor and person has prior conviction involving marijuana: Class D felony
IOWA 124.101, et seq. Under 50 kg.: Class D felony, fine $1000 to $5000;
50 to 100 kg.: Class C felony, fine $1000 to $50,000;
100 to 1000 kg.: Class B felony, $5000 to $100,000;
Over 1000 kg.: Class B felony with penalty of up to 50 yrs. and $1,000,000;
Subsequent offense: triple penalties; more severe penalties for distribution to minor or to person 3 yrs. younger
KANSAS 65-4101, et seq. Class A nonperson misdemeanor;
Subsequent offense: Level 4 felony
Level 3 felony;
Sell within 1000 ft. of school or to minor: Level 2 felony
KENTUCKY 218A.010, et seq. Class A misdemeanor (includes less than 5 plants); over 5 plants: Class D felony Under 8 oz.: Class A misdemeanor;
Subsequent offense: Class D felony;
8 oz. to 5 lbs.: Class D felony;
Subsequent offense: Class C felony
Over 5 lbs.: Class C felony;
Subsequent offense: Class B felony;
Possession of over 8 oz. is prima facie evidence of intent to sell
LOUISIANA §40:961, et seq. Up to 6 mos. in parish jail and/or up to $500;
Second conviction of this amount: up to 5 yrs. and/or up to $2000;
Subsequent convictions: up to 20 yrs;
60-2000 lbs.: 10-60 yrs. hard labor and $50,000 to $100,000;
2000-10,000 lbs.: 20-80 yrs. hard labor and $100,000 to $400,000;
Over 10,000 lbs.: 50-80 yrs. hard labor and $400,000 to $1,000,000

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
MAINE Tit. 17A §1101, et seq. Over 1 lb. creates presumption of trafficking: Class E crime Over 1.25 oz. creates presumption of furnishing: Class D crime Class D crime;
Possession of over 1 lb. or over 100 plants: Class C crime;
Over 20 lbs. or over 500 plants: Class B crime
MARYLAND Art. 27 §276, et seq. 1 yr. and/or $1,000;
Bringing 100 or more lbs. into state is felony with penalty of up to 25 yrs. and/or fine up to $50,000;
Subsequent offense: double penalties
Felony with penalty of 5 yrs. and/or fine of $15,000;
50 lbs. or more: felony with not less than 40 yrs.;
Subsequent offense: double penalties, mandatory 2 yrs.
If “drug kingpin”: 20-40 yrs. and/or $1,000,000 fine
MASSACHUSETTS Ch. 94c §1, et seq. 6 months and/or $500;
Subsequent offense: 2 yrs. and/or $2000;
Over 50 lbs. is trafficking
1-2 yrs. and/or $500 to $5000;
Subsequent offense: 1-2.5 yrs. and/or $1000 to $10,000
50-100 lbs.: 2.5-15 yrs and $500 to $10,000;
100-2000 lbs.: 3-15 yrs. and $2500 to $25,000;
2000-10,000 lbs.: 5-15 yrs. and $5000 to $50,000;
Over 10,000 lbs.: 10-15 yrs. and $20,000 to $200,000
MICHIGAN 333.7401, et seq.; 333.7212 Misdemeanor with penalty of 1 yr. and/or $2000 Felony:
less than 5 kg. or 20 plants: up to 4 yrs. and/or $20,000;
5-45 kg. or 20-200 plants: up to 7 yrs. and/or $500,000;
Over 45 kg. or over 200 plants: up to 15 yrs. and/or $10,000,000;
Sale to minor or near school property: up to double penalties
MINNESOTA 152.01, et seq. Small amount: petty misdemeanor $200 and maybe drug education program;
10+ kg.: up to 20 yrs. and/or $250,000;
50-100 kg.: up to 25 yrs. and/or $500,000;
100+ kg.: up to 30 yrs. and/or $1,000,000;
Subsequent offense: depends on level of prior offense; if misdemeanor, may be required to participate in chemical dependency evaluation and treatment
Any small amount for sale: up to 5 yrs. and/or $10,000;
Small amount without remuneration: petty misdemeanor with fine of up to $200 and maybe drug education program;
5+ kg.: up to 20 yrs. and/or $250,000;
25+ kg.: up to 25 yrs. and/or $500,000;
50+ kg.: up to 30 yrs. and/or $1,000,000;
5 kg. or more in school or park or public housing zone: up to 25 yrs. and/or $500,000

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
MISSISSIPPI 41-29-101, et seq.; 41-29-139 5 kg.: 10–30 yrs. and up to $1 million Under 1 oz.: up to 3 yrs. and/or $3000;
First-time offender with over 1 oz. but less than 1 kg.: up to 20 yrs. and/or $30,000;
Over 1 oz.: up to 30 yrs. and/or $5,000 to $1,000,000;
Subsequent offense: double penalties
Anyone over 21 selling 10 lbs. or more of marijuana during any 12 month period shall have life in prison without suspension/parole
MISSOURI 195.010, et seq. Under 35 g.: Class A misdemeanor;
Over 35 g.: Class C felony;
Subsequent offense: subject to prior & persistent offenders statute §195.295
Less than 5 g.: Class C felony;
More than 5 g.: Class B felony;
Subsequent offense: subject to prior & persistent offenders statute §195.295;
Distribution to minor 17 years old or 2 yrs. junior: Class B felony;
Within 2000 ft. of school or public housing: Class A felony
Trafficking drugs 1st degree: Distribution /attempt to deliver: 30-100 kg.: Class A felony;
100+ kg.: term of prison for Class A felony without parole;
Trafficking in 2nd degree: Buying/attempt to purchase: 30-100 kg.: Class B felony;
100+ kg. or over 500 plants: Class A felony
MONTANA 45-9-101, et seq.; 50-32-101, et seq. Under 60 g.: misdemeanor with penalty of 6 months in county jail and fine of $100 to $500;
Subsequent offense: $1000 fine and 1 yr. in county jail or up to 3 yrs. in state penitentiary
1 yr. to life and $50,000;
Subsequent offense: 2 yrs. to life and $50,000;
Offense of criminal sale of dangerous drugs on or near school property: 3 years to life and/or $50,000 fine
Criminal production/manufacture: Less than 1 lb. or 30 plants: up to 10 yrs. and $50,000;
Over 1 lb. or 30 plants: 2 yrs. to life and/or $50,000;
Subsequent offense: up to double penalties

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
NEBRASKA 28-401, et seq. Under 1 oz.(if first offense): Citation, $100, and attend a course;
2nd offense: Citation, $200, up to 5 days in jail, and Class IV misdemeanor;
3rd offense: Class IIIA misdemeanor, $300, and up to 7 days jail
Over 1 oz.: Class IIIA misdemeanor;
Over 1 lb.: Class IV felony
1 oz.-1 lb.: Class IIIA misdemeanor;
Over 1 lb.: Class IV felony
NEVADA 453.011, et seq.; NAC 453.510 For someone under 21: 1-6 yrs. and $2000 or 1 yr. in county jail; $1000 and 6 mos. driver’s license suspension (same for 2nd and 3rd offenses);
For someone over 21: up to 1 yr. and up to $1000;
Subsequent offense: 1-6 yrs. and $5000
1-10 yrs. and up to $10,000;
2nd offense: 2-15 yrs. and up to $15,000;
3rd offense: 5-20 yrs. and up to $20,000
100-2000 lbs.: 3-20 yrs. and maximum $25,000;
2000-10,000 lbs.: 2-10 yrs. and minimum $50,000;
Over 10,000 lbs.: 15 yrs. to life and minimum $200,000
NEW HAMPSHIRE 318-B:1, et seq. Misdemeanor (class A) Under 1 oz.: up to 3 yrs. and/or $25,000;
1 oz. to 5 lbs.: up to 7 yrs. and/or $100,000;
Over 5 lbs.: up to 20 yrs. and/or $300,000;
Subsequent offense: Under 1 oz.: up to 6 yrs. and/or $50,000;
1 oz. to 5 lbs.: up to 15 yrs. and/or $200,000;
Over 5 lbs.: up to 40 yrs. and/or $500,000
NEW JERSEY 24:21-1, et seq.; 2C:35-2, et seq. Under 50 g.: disorderly person and 100 hrs. of community service (if within 1000 ft. of school);
Over 50g.: 4th degree crime, $25,000
Less than 1 oz.: 4th degree crime;
1 oz. to 5 lbs.: 3rd degree crime, up to $15,000;
5–25 lbs.: 2nd degree crime;
Over 25 lbs.: 1st degree
Leader of narcotics trafficking network: life (25 year minimum before parole) and/or $500,000
NEW MEXICO 30-31-1, et seq. Under 1 oz.: petty misdemeanor, 15 days and $50-$100;
1-8 oz.: misdemeanor, 1 yr. and $100-$1000;
Over 8 oz.: 4th degree felony;
Subsequent offense: Under 1 oz.: misdemeanor, 1 yr., $100-$1000
4th degree felony;
If over 100 lbs., 3rd degree felony;
Subsequent offense: 3rd degree felony;
If over 100 lbs.: 2nd degree felony;
Higher penalties if in drug-free school zone

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
NEW YORK Penal §220, et seq.; Pub. Health §3306, 3307 Under 25g: $100;
Over 25 g. or public use: Class B misdemeanor;
Over 2 oz.: Class A misdemeanor;
Over 8 oz.: Class E felony;
Over 16 oz.: Class D felony;
Over 10 lbs.: Class C felony;
Subsequent offense: Under 25 g.: $200;
Third offense: $250 and 15 days
Under 2 g. or 1 cigarette: Class B misdemeanor;
Under 25 g.: Class A misdemeanor;
Over 25 g.: Class E felony;
Over 4 oz. or sale to a minor: Class D felony;
Over 16 oz.: Class C felony
NORTH CAROLINA 90-86, et seq. Class 3 misdemeanor;
Over .5 oz.: Class 1 misdemeanor, $100 fine;
Subsequent offense over .5 oz.: Class I felony
Over 1.5 oz.: Class I felony;
Class I felony but not when under 5 g. for no consideration 10-50 lbs.: Class H felony, 25-30 mos. and/or $5000;
50-2000 lbs.: Class G felony, 35-42 mos. and/or $25,000;
2000-10,000 lbs.: Class F felony, 70-84 mos. and/or $50,000;
Over 10,000 lbs.: Class D felony, 175-219 mos. and/or $200,000
NORTH DAKOTA 19-03.1-01, et seq. Under .5 oz.: Class B misdemeanor;
Under 1 oz.: Class A misdemeanor (may be expunged from record if no further conviction for 2 yrs.);
Under .5 oz. while operating a motor vehicle: Class A misdemeanor
Class B felony;
100 lbs. or more: Class A felony;
Delivery to a minor by an 18 year old.
OHIO 2925.01, et seq.; 3719.01, et seq. Under 20 g. and gift: minor misdemeanor;
Subsequent offense: misdemeanor of 3rd degree;
Under 100 g.: minor misdemeanor;
100-200 g.: 4th degree misdemeanor;
200-1000 g.: 5th degree felony;
1000-5000 g.: 3rd degree felony;
5000-20,000 g.: 3rd degree felony with presumption of prison term;
over 20,000 g.: 2nd degree felony
5th degree felony;
200-1000 g.: 4th degree felony;
1000-5000 g.: 3rd degree felony;
5000-20,000 g.: 3rd degree felony with presumption of prison term;
Over 20,000 g.: 2nd degree felony;
Stricter penalties if sale within 1000 ft. of school or 100 ft. of juvenile

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
OKLAHOMA Tit. 63 §2-101, et seq. Misdemeanor with penalty of up to 1 yr. or fined $10,000;
Subsequent offense: felony, 2-10 yrs.
Fine not to exceed $25,000;
Within 1000 feet of school or in presence of child under 12: up to double penalties;
subsequent offense: up to triple penalties
Felony, 2-10 yrs. and/or up to $5000;
Subsequent offense: double penalties
Between 25-1000 lbs.: $25,000 to $100,000;
Over 1000 lbs.: $100,000 to $500,000
OREGON Chapter 475 Less than 1 oz.: $500-$1000 110-150 g.: commercial drug offense if over $300 cash, firearm, packaging materials, customer list, stolen property, or using public lands;
Over 150 g.: Category 6 crime
Class B felony (Category 8 if over 150 g.);
5 g.-1 oz.: Class A misdemeanor;
less than 5 g.: $500-$1000 fine;
Within 1000 ft. of school: Class C misdemeanor
PENNSYLVANIA Tit. 35 §780-101, et seq. Under 30 g.: misdemeanor, 30 days and/or $500;
Over 30 g.: misdemeanor, 1 yr. and/or $5000
Subsequent offense over 30g.: 3 yrs. and/or $25,000
Over 1000 lbs.: felony, up to 10 yrs. and/or $100,000 or enough to recoup drug profit;
Subsequent offense or sale to minor: double penalties
RHODE ISLAND 21-28-1.01, et seq. Misdemeanor, up to 1 yr. and/or $200 to $500;
1-5 kg.: 10-50 yrs. and/or $10,000-$500,000
Over 5 kg.: 20 yrs. to life and $25,000 to $1,000,000
1-5 kg.: 10-50 yrs. and/or $10,000-$500,000
Over 5 kg.: 20 yrs. to life and $25,000 to $1,000,000;
Sale within 300 yds. of school: double penalties;
Sale to minor or person 3 yrs. junior: minimum 2-5 yrs. and $10,000
SOUTH CAROLINA 44-53-110 Misdemeanor: up to 6 mos. and/or $1000;
Subsequent offense: misdemeanor, 1 yr. and/or $2000
Under 1 oz.: 30 days and/or $100 to $200;
Over 1 oz.: Prima facie guilty of sale;
Subsequent offense under 1 oz.: 1 yr. and/or $200 to $1000
Felony: up to 5 yrs. and/or $5,000;
Subsequent offense: felony, up to 10 yrs. and/or $10,000;
Third offense: felony, 5-20 yrs. and/or $20,000;
Sale to minor: misdemeanor, up to 10 yrs. and $10,000
10-100 lbs.: 1-10 yrs. and $10,000;
2nd offense: 5-20 yrs and $15,000;
Subsequent offense: mandatory 25 yrs. and $25,000;
100-2000 lbs. or 100-1000 plants: mandatory 25 yrs. and $25,000;
2000-10,000 lbs. or 1000-10,000 plants: mandatory 25 yrs. and $50,000;
Over 10,000 lbs. or over 10,000 plants: 25-30 yrs. and $200,000

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
SOUTH DAKOTA 22-42-6, et seq.; 34-20B-1 to 114 Under 2 oz.: Class 1 misdemeanor;
2 oz. to .5 lb.: Class 6 felony;
.5 to 1 lb.: Class 5 felony;
1to 10 lbs.: Class 4 felony;
Over 10 lbs.: Class 3 felony;
May be civil penalty for violation up to $10,000 in any of the above cases
Under .5 oz. or without consideration: Class 1 misdemeanor;
Under 1 oz.: Class 6 felony;
1 oz.-.5 lb.: Class 5 felony;
.5-1 lb.: Class 4 felony;
Over 1 lb.: Class 3 felony;
Sale to a minor: Class 4 felony;
Sale in drug-free zone: Class 4 felony, minimum 5 yrs.
Also may be civil penalty up to $10,000 in any of above cases;
All felonies: mandatory 30 days without suspension;
Subsequent offense: mandatory 1 yr.
TENNESSEE 39-17-401, et seq. Possession or casual exchange of: Less than .5 oz.: Class A misdemeanor and attendance at drug offender school and minimum $250 fine; Casual exchange to a minor from an adult 2 yrs. his senior and adult knows minor is a minor: felony;
Subsequent offense: $500 minimum; Third: $750 minimum; Two or more prior convictions, then Class E felony;
20 plants to 99 plants: Class C felony, fined up to $100,000.
.5 oz. to 10 lbs.: Class E felony and/or $5000;
10 lbs. + 1 g. to 70 lbs.: Class D felony and/or $50,000;
70 lbs. + 1 g.: Class B felony and/or $200,000;
Over 700 lbs.: Class A felony and/or $500,000;
Sale to minor under 18 or in drug-free zone: one class higher than amount required;
Minimum penalty amounts: 1st drug felony offense: $2000;
2nd: $2500; 3rd: $3000
TEXAS Health & Safety §481.032, et seq. Under 2 oz.: Class B misdemeanor;
2-4 oz.: Class A misdemeanor;
4 oz. to 5 lbs.: State jail felony;
5-50 lbs.: 3rd degree felony;
50-2000 lbs.: 2nd degree felony;
Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 5-99 yrs. and $50,000
.25 oz. or less: Class B misdemeanor (if no remuneration);
.25 oz. or less: Class A misdemeanor (with remuneration);
.25 oz. to 5 lbs.: state jail felony;
5 lbs. to 50 lbs.: 2nd degree felony;
50-2000 lbs.: 1st degree felony;
Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100.000;
Delivery to minor under 17 who is enrolled in school and over .25 oz.: 2nd degree felony;
Within drug-free zone: penalties doubled

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
UTAH 58-37-1, et seq. Under 1 oz.: Class B misdemeanor;
1-16 oz. not yet extracted from plant: Class A misdemeanor;
Over 1 lb.-100 lbs.: 3rd degree felony;
Over 100 lbs.: 2nd degree felony;
Subsequent offense: one degree greater penalty than provided for
3rd degree felony; subsequent offense: 2nd degree felony;
Within 1000 ft. of school or sale to a minor: one degree more than provided except 1st degree felony is 5 yrs. mandatory
VERMONT Tit. 18§4230 Under 2 oz. and/or less than 3 plants: up to 6 months and/or $500;
More than 2 oz. and/or more than 3 plants: up to 3 yrs. and/or $10,000;
More than 1 lb. or more than 10 plants: up to 5 yrs. and/or $100,000;
More than 10 lbs. or more than 25 plants: up to 15 yrs. and/or $500,000;
Subsequent offense: Under 2 oz.: up to 2 yrs. and/or $2000
Under .5 oz.: 2 yrs. and/or $10,000;
.5 oz.-1 lb.: up to 5 yrs. and/or $100,000;
More than 1 lb.: up to 15 yrs. and/or $500,000;
Subsequent offense: double penalties
(Permissive Inference) 50 lbs or more with intent to sell: up to 30 yrs. and or $1 million
VIRGINIA 54.1-3445, 18.2-247 Misdemeanor, jail up to 30 days and/or $500;
Subsequent offense: Class 1 misdemeanor
Up to .5 oz.: Class 1 misdemeanor;
.5 oz.-5 lbs.: Class 5 felony;
Over 5 lbs.: 5-30 yrs.;
Proof that person gave drug only as an accommodation not for remuneration or to induce him to become addicted shall be guilty of Class 1 misdemeanor;
Sale to minor or within 1000 ft. of school: stricter penalties
WASHINGTON 69.50.101, et seq. Up to 5 yrs. and/or $10,000;
40 g. or less is misdemeanor;
Subsequent offense: double penalties
Less than 40 g.: misdemeanor, up to 5 yrs. in correctional facility and $10,000;
Subsequent offense: up to double penalties;
Unlawful delivery of controlled substance used by person delivered to and resulting in user’s death: deliverer guilty of controlled substance homicide: Class B felony
WEST VIRGINIA 60A-1-101 to 8-13 Misdemeanor, 90 days-6 mos. and/or $1000;
Court may mitigate first offense of under 15 g.;
Subsequent offense: double penalties
Felony, 1-5 yrs. and/or $15,000;
Subsequent offense: double penalties;
Sale to minor or within 1000 ft. of school: mandatory 2 yrs.
Transport into state with intent to deliver: felony, 1-5 yrs. and/or $15,000

Table 11c: Illegal Drugs: Marijuana—Continued

Marijuana laws Information on the law about Marijuana Table 11c: Illegal Drugs: Marijuana State Code Section Possession Sale Trafficking ALABAMA 20-2-1, et ]]>