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NEBRASKA
Personal use: 0 - 7 days; $500
Possession or sale:
</= 1 oz.: 1st offense:
citation for $100; "drug education" possible
2nd offense: $100 - $500
Third or subsequent offense: 0 - 7 days and $300
> 1 oz.: 0 - 7 days; $500
> 1 lb.: 0 - 5 years; $10,000
Sale:
Sale to minor increases penalty
for offense to next highest classification.
Enhanced penalty for sale to minor within 1,000 feet of a school, college or
playground, or within 100 feet of a youth center, public swimming pool or video
arcade.
Paraphernalia:
0 - 6 months; $1,000
Paraphernalia to minor who is at least three years younger: 0 - 1
year; $1,000
Maintaining premises on which marijuana is stored or sold: 0 - 3 months; $500.
NEVADA
* Effective July 1, 1999, probation will be no longer be guaranteed.
Possession or use of any amount:
1st offense: 1 - 4
years; $5,000
2nd offense: 1 - 10 years
3rd offense: 1 - 20 years
Cultivation or delivery or sale:
< 100 lbs.: 1st offense: 1 - 20
years
2nd offense: 5 - 20 years; no parole or probation
3rd offense: 15 years - life; no parole or probation
>/= 100 lbs.: 1 - 5 years; $10,000; no parole or probation
>/= 2,000 lbs.: 1 - 20 years; no parole or probation
>/= 10,000 lbs.: (a) life with parole eligibility after a minimum of 5 years,
or (b) 15 years with parole eligibility after a minimum of 5 years; $200,000
under either scheme.
Sale:to minor: 1st offense: 1 - 20 years; 2nd offense: life
Sale within 1,000 feet of school, video arcade, public pool, youth center: penalty doubles.
Paraphernalia possession: 0 - 6 months; $1,000
NEW HAMPSHIRE
Possession:
Any amount of marijuana or </=
5 grams hashish: 0 - 1 year; $1,000
> 5 grams hashish: $5,000
Cultivation, delivery or sale:
< 1 oz. marijuana or < 5
grams hashish: 0 - 3 years; $25,000
Subsequent offenses: 0 - 6 years; $50,000
>/= 1 oz. marijuana or >/= 5 grams hashish: 0 - 7 years;
$100,000
Subsequent offenses: 0 - 15 years; $200,000
>/= 5 lbs. marijuana or >/= 1 lbs. hashish: 0 - 20 years;
$300,000
Subsequent offenses: 0 - 40 years; $500,000
Sale within 1,000 feet of school: up to double the penalty.
Paraphernalia sale: 0 - 1 year; $1,000
Drug Enterprise Leader: 25 years MMS - life and $500,000 or five times the street value, whichever is greater.
License suspension:
Possession with intent to sell:
driver's license may be revoked for any time period including life, at court's
discretion.
Minors aged 15 - 17 convicted of possession with intent to sell will
have their license revoked for 1 - 5 years.
Minors aged 15 - 17 convicted of possession, sale, or use may have
their driver's license revoked or license application denied 60 days - 2
years.
NEW JERSEY
Possession, use, or under the influence:
< 50 grams: 0 - 6
months; $1,000
> 50 grams: 0 - 18 months; $15,000
Possession or use within 1,000 feet of a school: if no jail time, then not less than 100 hours of community service.
Manufacture, distribution or possession with intent to distribute:
< 1 oz.: 0 - 18
months; $7,500
> 1 oz.: 0 - 5 years; $15,000
> 5 lbs.: 5 - 10 years MMS; $100,000
Sale:
To minor or pregnant female:
penalty may double.
Within 1,000 feet of school:
< 1 oz.: 1 - 5 years
MMS
> 1 oz.: 3 years MMS
Driver's license suspended 6 months - 2 years.
NEW MEXICO
Possession:
</= 1 oz.: 0 - 15
days and $50 - $100
Subsequent offenses: 0 - 1 year; $100 - $1,000
> 1 oz.: 0 - 1 year; $100 - $1,000
>/= 8 oz.: 0 - 18 months; $5,000
Distribution or cultivation:
Small amounts, no remuneration:
same as possession
</= 100 lbs.: 18 months; $5,000. Subsequent offenses: 3 years; $5,000
> 100 lbs.: 3 years; $5,000. Subsequent offenses: 9 years; $10,000
Distribution to a minor: 3 years; $5,000
Subsequent offenses: 9 years; $10,000
Sale within 1,000 feet of a drug free school zone: 18 years and $15,000
Paraphernalia:
Possession: 0 - 1 year;
$50 - $100
Delivery: 0 - 1; $1,000
Any person over 18 who delivers paraphernalia to a minor who is at least three
years younger: 18 months; $5,000
All first-time offenders eligible for probation, no fine, and expunged conviction.
NEW YORK
Possession:
</= 25 grams: non-criminal violation; $100. 2nd offense: $200
Subsequent offenses: $250; 0 - 15 days
> 25 grams or any amount possessed in public and the marijuana is burning or
open to public view: 0 - 3 months; $500
> 2 oz.: 0 - 1 year; $1,000
> 8 oz.: 0 - 4 years; $5,000
> 1 lb.: 0 - 7 years; $5,000
> 10 lbs.: 0 - 15 years; $5,000
Delivery or cultivation:
</= 2 grams for no
consideration: 0 - 3 months; $500
< 25 grams: 0 - 1 year; $1,000
>/= 25 grams: 0 - 4 years; $5,000
> 4 oz.: 0 - 7 years; $5,000
> 1 lb.: 0 - 15 years; $5,000
Sale to minor: 0 - 7 years; $5,000
Driver's license suspended 6 months.
NORTH CAROLINA
Possession:
< 0.5 oz.: 0 - 30
days, suspended sentence possible
> 0.5 oz. or 1/20 oz. of hashish: 1 - 120 days or community service
or probation
> 1.5 oz. or 3/20 oz. hashish: 8 - 13 months
> 10 lbs. = trafficking
Trafficking:
< 5 grams for no remuneration:
suspended sentence possible
> 10 lbs.: 25 - 30 months MMS and at least $5,000
>/= 50 lbs.: 35 - 42 months MMS and at least $25,000
>/= 2,000 lbs.: 70 - 84 months MMS and at least $50,000
>/= 10,000 lbs.: 175 - 219 months MMS and least $200,000
Manufacture, cultivation or sale: 4 - 10 months, may be suspended
Enhanced sentences for:
School zone: Anyone over 21 who
sells or possesses with intent to sell within 300 feet of school property
receives an enhanced sentence.
Pregnant women and minors: Sale or delivery by someone over 18 to a minor under
16 or to a pregnant female receives an enhanced sentence.
Paraphernalia possession or sale: 1 - 120 days
**NORTH DAKOTA
Possession or sale or delivery or cultivation:
< 0.5 oz.: 0 - 30
days; $1,000
0.5 oz.: 0 - 8 months; $2,000
1.5 oz.: 0 - 1 year; $5,000
>/= 100 lb.:
1st offense: 8 months MMS
2nd offense: 3 years MMS
Subsequent offenses: 10 years MMS
Possession of < 0.5 oz. while operating a motor vehicle: 1 year; $1,000
Anyone over 21 who uses a minor under 18 to produce or distribute any amount:
1st offense: 4 years MMS
Subsequent offenses: 5 years MMS
Paraphernalia:
Possession: 0 - 1 year;
$2,000
Sale of paraphernalia to minor by someone over 18 who is at least three years
older : 0 - 5 years; $5,000
Sale within 1,000 feet of school: 4 years; $1,000
First offenders only:
Possession of </= 1 oz.:
Record of a guilty plea or verdict may be expunged after two years if no further
drug or criminal offenses.
Atypically, North Dakota allows its judges to defer or suspend part or all of a
penalty for a 1st offense, even if the penalty is listed as a MMS.