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ALABAMA
Possession:
</= 1 kg. for personal
consumption: 0 - 1 year; $2,000
</= 1 kg. under another charge: 1 - 10 years; $2,000
Cultivation or delivery or sale:
> 2.2 lbs.: 3 years MMS,
possible 10 - 99 years; $25,000
> 100 lbs.: 5 years MMS; $50,000
> 500 lbs.: 15 years MMS, $200,000
> 1000 lbs.: life MMS
Sale:
To minors: 2 - 20
years; $10,000
Within 3 miles of a school: 5 years*
Within 3 miles of a public housing project: 5 years*
*These sentences run consecutive to other sentences and cannot be probated.
Drug trafficking enterprise:
1st offense: 25 years - life;
$50,000 - $1,000,000
2nd offense: life MMS
Paraphernalia possession: 0 - 1 year; $2,000
Driver's license suspended 6 months.ALASKA
Possession:
< 8 oz.: 0 - 90
days; $1,000
>/= 8 oz.: 0 - 1 year; $5,000
>/= 1 lb.: 0 - 5 years; $50,000
>/= 25 plants: 0 - 5 years, $50,000
On a school bus: 0 - 5 years; $50,000
Within 500 feet of school or recreation center: 0 - 5 years; $50,000
Manufacture or delivery or possession with intent to manufacture or deliver:
< 0.5 oz. for remuneration: 0 - 1
year; $5,000
>/= 0.5 oz.: 0 - 1 year; $5,000
>/= 1 oz.: 0 - 5 years; $50,000
Maintaining a structure or dwelling for manufacturing or delivery: 0 - 5
years; $50,000
Suspended imposition of sentence with 2 - 3 years of probation
available for 1st offense if offense is a misdemeanor.
If the referendum of 1990 is overturned and the Ravin decision
reinstated, </= 4 oz. will be decriminalized for personal possession.
ARIZONA
Possession or use:
<2 lbs.: probation*; $750 - $150,000.
Possible: drug "rehabilitation," community service, urine tests.
Possession for sale:
<2 lbs.: 1.5 - 3
years; $750 - $150,000
>/= 2 lbs.: 2.5 - 7 years; $750 - $150,000
>4 lbs.: 4 - 10 years; $750 - $150,000
Sale or delivery for sale or transport for sale:
<2 lbs.: 2.5 - 7
years; $750 - $150,000
>/= 2 lbs.: 4 - 10 years; $750 - $150,000
Possession or sale in a "drug free zone," i.e., within 300 feet of
a school, any public property within 1000 feet of a school, or at a school bus
stop or on any bus which transports pupils to school: 1 additional year of
prison plus $2000 - $150,000.
Production or cultivation:
<2 lbs.: probation or 9 months - 2
years; $750 - $150,000
>/= 2 lbs.: 1.5 - 3 years; $750 - $150,000
>4 lbs.: 2.5 - 7 years; $750 - $150,000
The Drug Medicalization, Prevention and Control Act of 1996 (Proposition 200)
became effective on July 21, 1997. The Act provides that a 1st or 2nd time
marijuana offender may not be imprisoned for simple possession or use,
regardless of amount of marijuana. However, a court may sentence the person to
probation* with court supervised drug "rehabilitation," a fine of $750 - $150,000,
and/or community service. A person can be incarcerated if charged outside of the
"possession or use" category.
Necessity defense: Section 13 - 417 of the Arizona Criminal
and Traffic Law Manual, 1997 - 1998 edition, arguably allows a patient
to tell a jury that s/he uses marijuana for medical purposes.
*Probation: People placed on probation or early release generally must
perform 24 - 360 hours of community service.
ARKANSAS (C)
Possession: </= 1 oz.: 0 - 1 year; $1,000
Cultivation or delivery or sale:
> 1 oz.: 4 - 10
years; $25,000
>/= 10 lbs.: 5 - 20 years; $15,000 - $50,000
>/= 100 lbs.: 6 - 30 years; $15,000 - $100,000
Sale to minor: 5 - 20 years; $15,000
Sale within 1000 feet of a school, public park, community or recreation
center, skating rink, or video arcade: 5 - 20 years; $15,000
Driver's license suspended 6 months.
CALIFORNIA (D)
Possession:
</= 28.5 grams: $100; no
booking if you can show officer I.D. and promise to appear in court.
</= 28.5 grams on school grounds when school is open: $250; 2nd offense: 10
days; $500
> 28.5 grams: 0 - 6 months; $500
Possession for sale: no specified amount: 16 months; 2 - 3 years
probation.
Cultivation:
For personal use only: stay of
imposition of the conviction, drug education, charges dropped.
Not for personal use: 0 - 16 months; 2 - 3 years probation
possible. No plant number or weight breakdown.
Selling, giving away, importing, or transporting into California: 2 - 4
years.
All marijuana offenses: probation available; driver's license suspended 6
months.
Possession or cultivation or transportation is legal upon a doctor's
recommendation or approval.
COLORADO (D)
Possession:
< 1 oz.: $100 plus surcharge
>/= 1 oz.: 0 - 2 years in county jail; $500 - $5,000 fine
plus surcharge
>/= 8 oz.: 1 - 4 years; $1,000 - $100,000 plus surcharge
Generally, one prior conviction over 1 oz. doubles the penalties.
Cultivation or manufacture or delivery or sale:
</= 100 lbs.: 2 - 8
years in Department of Corrections; $2,000 - $500,000 plus surcharge
>100 lbs.: 24 years MMS; $5,000 - $1,000,000
Two prior violations involving manufacture: 2 years MMS
Proof of sale: 1 - 16 years
Sale or giving marijuana to person aged 15 years or younger:
2 - 8 years; $2,000 - $500,000
plus up to another $5,000
Paraphernalia:
Sale or possession of
paraphernalia: $100 plus surcharge
Extraordinary mitigating or aggravating circumstances allow the court to
sentence outside proscribed sentencing ranges.
CONNECTICUT
Possession:
</= 4 oz.: 0 - 1
year; $1,000. 2nd offense: 0 - 5 years; $3,000
>/= 4 oz.: 0 - 5 years; $2,000. 2nd offense: 0 - 10
years; $5,000
Possession of any amount within 1500 feet of a school: add 2 years MMS
consecutive to other incarceration
Cultivation or delivery or sale:
< 1 kg.: 0 - 7
years; $25,000
>/= 1 kg.: 5 - 20 years MMS; $2,000
>/= 4 oz., 2nd offense: 0 - 10 years; $5,000
Paraphernalia possession: 90 days; $500
Within 1500 feet of a school:
additional 1 year MMS consecutive to other incarceration.
Professional licenses suspended.
Medical necessity, § 21a - 253, C.G.S. states a person may possess
a quantity of marijuana less than or equal to that quantity prescribed by a
physician who is licensed to supply marijuana for treating glaucoma or side
effects of chemotherapy.
DELAWARE (C)
Possession of any amount: 0 - 6 months; $1,150
Cultivation: 0 - 5 years; $10,000
Trafficking:
>/= 5 lbs.: 3 years MMS;
$25,000
>/= 100 lbs.: 5 years MMS; $50,000
>/= 500 lbs.: 15 years MMS; $100,000
Delivery:
Of any amount: 5 years; $10,000
Delivery to a minor: 0 - 5 years
If minor is under 16, 1 year MMS
If minor is under 14, 2 years MMS
Delivery or distribution within
1000 feet of school: 0 - 30 years; $250,000
Delivery or distribution or possession within 300 feet of park land, a park,
or recreation area: 0 - 15 years; $250,000
Paraphernalia:
Possession: 0 - 1 year;
$2,300
Manufacture or delivery: 0 - 2 years
Delivery to a minor: 0 - 5 years
Maintaining a dwelling or vehicle in which marijuana smoking or other
marijuana related conduct occurs: 0 - 3 years; court's discretion on
fine.
Suspended sentences possible except for trafficking.
DISTRICT OF COLUMBIA (C)
Possession of any amount:
0 - 180 days; $1,000.
1st time possession offenders are eligible for probation followed by dismissal.
Cultivation or delivery or sale of any amount: 0 - 1 year; $10,000
Sale to minor: penalty doubles
Paraphernalia:
Possession: 0 - 1 year;
$500
Delivery to a minor: 0 - 8 years; $15,000
Driver's license suspended 6 months.
FLORIDA
Possession:
</= 20 g.: 0 - 1
year; $1,000
> 20 g.: 0 - 5 years; $5,000
Sale of any amount: 0 - 5 years; $5000
Delivery:
</= 20 g. without
remuneration: 0 - 1 year; $1,000
Paraphernalia to minor: 15 years; $10,000
Within 200 feet of school, public housing, or public park: 15 years; $10,000
Trafficking:
>/= 50 - </= 2000
lbs.: 0 - 30 years; $25,000
> 2,000 lbs.: 0 - 30 years; larger fine
> 10,000 lbs.: >/= 15 years MMS; $200,000
Paraphernalia possession: 0 - 1 year; $1,000
Driver's license suspended 6 months.
Professional licenses suspended.
A vehicle can be confiscated for any felony amount.
GEORGIA
Possession or sale:
< 1 oz.: 0 - 1 year;
$1,000. If arrested in a municipality you can choose to appear in city court
instead of state court: maximum 60 days; $500 >/= 1 oz.: 1 - 10
years; $1,000
>5 lb.: 3 years MMS; $25,000
>100 lb.: 5 years MMS; $50,000
>500 lb.: 15 years MMS; $100,000
Paraphernalia possession:
0 - 1 year; $1,000
Third offense: 1 - 5 years; $5,000
Cultivation: 0 - 10 years; $100,000
Trafficking: Includes the sale, manufacture, growth, delivery, import of
marijuana into Georgia or any quantity of marijuana > 50 lbs:
> 50 lbs. - <
2,000 lbs.: 5 years MMS plus $100,000
>/= 2,000 lbs. - < 10,000 lbs.: 7 years MMS plus $250,000
>/= 10,000 lbs.: 15 years MMS plus $1,000,000
Use of a communications facility (i.e., telephone, radio, etc.) during drug
felony may add 1 - 4 years; $30,000
Manufacture or distribute or dispense or possess with intent to distribute
within 1000 feet of an elementary or secondary school, a school board used for
elementary or secondary education, property owned or leased by an elementary or
secondary school, or any park, playground, recreational center, drug free
commercial zone: 0 - 20 years; $20,000
Manufacture or distribution involving a minor: 5 - 20 years;
$20,000
Driver's license suspended at least 6 months; license reinstated only with
"treatment."
Professional licenses suspended.
2nd drug felony is punishable by life in prison.