Possession 25 g or less (first offense) civil citation none $100 25 g or less (second offense) civil citation none $200 25 g or less (3rd offense) misdemeanor 5 days and/or fine $250 25 g to 2 oz* misdemeanor 3 months $500 2 to 8 oz class A misdemeanor 1 year and/or fine $1,000 8 to 16 oz (first felony) class E felony 1-4 years and/or fine,
if second offense- 3-4 years (mandatory ½ jail sentence) $5,000 16 oz to 10 lbs (first felony) class D felony 1 - 15 years and/or fine,
if 2nd offense mandatory ½ jail sentence $5,000 More than 10 lbs (first felony) class C felony 1 - 15 years and/or fine,
if 2nd offense mandatory ½ jail sentence $5,000 *Includes any amount in public where marijuana is burning or open to public view.
Sale or Cultivation 2 oz or less gift class B misdemeanor 3 months and/or fine $500 24 g sale class A misdemeanor 1 year and/or fine $1,000 25 g to 4 oz (first felony) class E felony
1 - 4 years,
if second felony 3-4 years (mandatory ½ jail sentence)
$5,000 4 to 16 oz (first felony) class D felony
1-7 years
(probation if no prior felony)
$5,000 16 oz to 10 lbs (first felony) class C felony 1-5 years and/or fine,
if second felony 4-7 years (mandatory ½ jail sentence)
$5,000 10 lbs or more (first felony) class C felony 1-15 years and/or fine
if second felony 6-15 years (mandatory ½ jail sentence)
Sale to a minor (first felony) class D felony 1 - 7 years $5,000
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) Paraphernalia possession (must be dirty paraphernalia) misdemeanor 1 year $1,000
Details
Possession of 25 grams or less of marijuana is punishable by a fine of $100 for the first offense. For the second offense, the penalty increases to a $200 fine and for subsequent offenses the fine increases to $250 and a maximum of 15 days in jail time may be imposed.
Possession of greater than 25 grams or possession of any amount in public where the marijuana is burning or open to public view, is a class B misdemeanor and is punishable by up to three months in jail and a fine up to $500.
For possession of greater than two ounces, the penalty increases to a possible one year in jail and a fine up to $1,000.
Possession of greater than eight ounces increases the penalties to a possible one to one and a half years in prison and a fine up to $5,000. The penalties for possession of greater than 16 ounces are 1-15 years in prison and a fine up to $5,000. For possession of any amount greater than 10 pounds, the penalty is 1-15 years in prison and a fine up to $5,000.
Delivery or manufacture of two ounces or less of marijuana for no remuneration is punishable by up to three months in jail and a fine up to $500. For delivery or manufacture of 25 grams or less, the penalty is up to one year in jail and a fine up to $1,000. For amounts greater than 25 grams, the penalty increases to one to one and a half years in jail and a fine up to $5,000. Delivery or manufacture of greater than four ounces is punishable by one to two and a half years in prison and a fine up to $5,000. For any amount greater than 16 ounces, the penalty increases to one to five and a half years in prison and a fine up to $5,000.
Any sale or delivery to a minor is punishable by 1-7 years in prison and a fine up to $5,000.
Possession or sale of paraphernalia is punishable by up to one year in jail or a fine up to $1,000.
Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
Also see
Federal Laws
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