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Will You Go To Jail For Weed?

Will You Go To Jail For Weed?

Posted by Marijuana Doctors on 06/14/2011 in Medical Marijuana Laws

The 16 states that have legalized medical marijuana for medical reasons have done a good job protecting seriously ill residents from prosecution.  But patients live in all 50 states—not just those with medical cannabis laws—meaning countless American citizens are still at risk of arrest simply for alleviating their medical conditions with a seriously effective medicine. It’s important for patients in non mmj states to understand the risks involved with using medical cannabis, so we compiled a list of each non-mmj state’s possession penalties, courtesy of NORML:

Alabama Marijuana Possession Penalties

Possession Classification Incarceration Fine
2.2 lbs or less misdemeanor 0 – 1 year $6,000
2.2 lbs or less (2ndconviction) felony 1 – 10 years $15,000
More than 2.2 lbs felony 1 – 10 years $15,000

Arkansas Marijuana Possession Penalties

Possession Classification Incarceration Fine
1 oz or less misdemeanor 1 year $1,000
1 oz or less (2nd conviction) misdemeanor 6 years $10,000
1 oz or less (3rd conviction) felony 3 to 10 years $10,000

Connecticut Marijuana Possession Penalties

Possession Classification Incarceration Fine
½ oz or less (first offense) civil offense none $150
½ oz or less (subs. offense) civil offense none $200 – $500

Florida Marijuana Possession Penalties

Possession Classification Incarceration Fine
20 g or less misdemeanor 1 year $1000
More than 20 g felony 5 years $5000
25 or more plants felony 15 years $10,000

Georgia Marijuana Possession Penalties

Possession Classification Incarceration Fine
Less than 1 oz (first offense) misdemeanor Probation None
Less than 1 oz (subsequent offense) misdemeanor 1 year $1000
1 oz or more felony 1-10 years variable
Within 1,000 ft of school, or other specified areas felony 20 years $20,000
Within 1,000 ft of school, or other specified areas (subsequent offense) felony 5 years $40,000

Idaho Marijuana Possession Penalties

Possession Classification Incarceration Fine
Under the influence or public use misdemeanor 6 months $1,000
3 oz or less misdemeanor 1 year $1,000
More than 3 oz felony 5 years $10,000

Illinois Marijuana Possession Penalties

Possession Classification Incarceration Fine
2.5 g or less misdemeanor 30 days $1500
2.5 to 10 g misdemeanor 6 months $1500
10 to 30 g misdemeanor 1 year $2500
30 to 500 g (first offense) felony 1-3 years $25,000
30 to 500 g (subsequent offense) felony 2-5 years $25,000
500 to 2,000 g felony 2-5 years $25,000
2,000 to 5,000 g felony 3-7 years $25,000
More than 5,000 g felony 4-15 years $25,000

Indiana Marijuana Possession Penalties

Possession Classification Incarceration Fine
30 g or less misdemeanor 1 year $5000
More than 30 g felony 6 months- 3 years $10,000

Iowa Marijuana Possession Penalties

Possession Classification Incarceration Fine
Any Amount (first offense) misdemeanor 6 months $1000
Any Amount (second offense) misdemeanor 1 year $1500
Any Amount (subs. offense) misdemeanor 2 years $500-$5000
More than 28.5 g on school grounds while school open misdemeanor 6 months $500

Kansas Marijuana Possession Penalties

Possession Classification Incarceration Fine
Any Amount (first offense) misdemeanor 1 year $2500
Any Amount (subs. offense) misdemeanor or felony 10-42 months $100,000

Kentucky Marijuana Possession Penalties

Possession Classification Incarceration Fine
Less than 8 oz (first offense) misdemeanor 1 year $500
Less than 8 oz (subs. offense) felony 1-5 years $1,000 – $10,000

Louisiana Marijuana Possession Penalties

Possession Classification Incarceration Fine
Any Amount (first offense) misdemeanor 6 months $500
Any Amount (2ndoffense) Felony 0-5 years $2000
Any Amount (subs. offense) felony 0-20 years $5000

Massachusetts Marijuana Possession Penalties

Possession Classification Incarceration Fine
One ounce or less civil offense None $100
Over one ounce misdemeanor 6 months $500
Over one ounce (sub. offense) misdemeanor 6 months $500

Minnesota Marijuana Possession Penalties

Possession Classification Incarceration Fine
Less than 42.5 g misdemeanor None $200
42.5 g to 10 kg Felony 5 years $10,000
10 to 50 kg Felony 20 years $250,000
50 to 100 kg Felony 25 years $500,000
100 kg or more Felony 30 years $1,000,000
More than 1.4 g in a vehicle (except trunk) misdemeanor 90 days $1,000

Missouri Marijuana Possession Penalties

Possession Classification Incarceration Fine
35 g or less Misdemeanor 1 year $1000
35 g to 30 kg Felony 7 years $5000

Nebraska Marijuana Possession Penalties

Possession Classification Incarceration Fine
1 oz or less (first offense)* civil citation none $300
1 oz or less (second offense) misdemeanor 5 days $400
1oz or less (subsequent offense) misdemeanor 7 days $500
1 oz to 1 lb misdemeanor 7 days $500
More than 1 lb felony 5 years $10,000

New Hampshire Marijuana Possession Penalties

Possession Classification Incarceration Fine
Less than 1 oz (1stoffense) felony 3 years $25,000
1 oz to 5 lbs (1stoffense) felony 7 years $100,000
5 lbs or more (1stoffense) felony 20 years $300,000
Within 1,000 feet of school (1st offense) felony double penalty double penalty.

New York Marijuana Possession Penalties

Possession Classification Incarceration Fine
25 g or less (first offense) civil citation none $100
25 g or less (2nd offense) civil citation none $200
25 g or less (3rd offense) misdemeanor 5 days $250
25 g to 2 oz felony 3 months $500
2 to 8 oz class A misdemeanor 1 year $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 (1st felony) class C felony 1 – 15 years and/or fine, if 2nd offense mandatory ½ jail sentence $5,000

North Dakota Marijuana Possession Penalties

 

Possession Classification Incarceration Fine
Less than 1/2 oz* misdemeanor 30 days $1000
Less than 1/2 oz while operating a motor vehicle* misdemeanor 1 year $1000
1/2 to 1 oz* misdemeanor 1 year $2000
More than 1 oz felony 5 years $5,000

*First convictions can be removed from the record after 2 years of no
further criminal violations.  Positive drug test is possession
.

North Carolina Marijuana Possession Penalties

Possession Classification Incarceration Fine
1/2 oz or less misdemeanor 30 days $200
1/2 to 1 1/2 oz misdemeanor 1 – 120 days $500
Over 1 1/2 oz felony up to 12 months Discretionary Fine

Ohio Marijuana Possession Penalties

Possession Classification Incarceration Fine
Less than 100 g minor misd. None $150
100 g to 200 g misd. of 4th degree > 30 days +fine $250
201 g to 999 g 5th degree felony up to 30 days + fine $2,500
1000 g to 4999 g 3rd degree felony 1 – 5 years +fine $5,000-$10,000
5000g to 19,999g 3rd degree felony 1 – 5 years + fine $5,000-$10,000
20,000 g or more 2nd degree felony 8 years and/or fine $7,500-$15,000

Oklahoma Marijuana Possession Penalties

Possession Classification Incarceration Fine
Any Amount (first offense) misdemeanor 1 year fine
Any Amount (subsequent offense) felony 2-10 years fine

Pennsylvania Marijuana Possession Penalties

Possession Classification Incarceration Fine
30 g or less misdemeanor 30 days $500
More than 30 g Misdemeanor 1 year $5,000

South Dakota Marijuana Possession Penalties

Possession Classification Incarceration Fine
2 oz or less misdemeanor 1 year $1,000
2 to 8 oz felony 2 years $2,000
8 oz to 1 lb felony 5 years $5,000
1 to 10 lbs felony 10 years $10,000
More than 10 lbs felony 15 years $15,000

South Carolina Marijuana Possession Penalties

Possession Classification Incarceration Fine
1 oz or less (first offense) misdemeanor 30 days $100 – $200
1 oz or less (sub. Offense) misdemeanor 1 year $200 – $1,000

Tennessee Marijuana Possession Penalties

Possession Classification Incarceration Fine
Any amount misdemeanor 1 year $2500
First convictions for any misdemeanor has a mandatory minimum fine of $250. Second convictions $500, and subsequent convictions, $1,000.

Texas Marijuana Possession Penalties

Possession Classification Incarceration Fine
2 oz or less* class B misdemeanor 180 days $2,000
2 to 4 oz* class A misdemeanor 1 year $4,000
4 oz to 1 lb* state jail felony 180 days-2yrs $10,000
1 to 5 lbs state jail felony 180 days-2 yrs $10,000
5 to 50 lbs felony of the third degree 2 – 10 years $10,000
50 to 2,000 lbs felony of the 2nd degree 2 – 20 years $10,000
Over 2,000 lbs felony 5 – 99 years $50,000

*With no prior felony convictions, if convicted of possession of less
than one pound of marijuana a judge must impose a sentence of
probation with mandatory drug treatment.

Utah Marijuana Possession Penalties

Possession Classification Incarceration Fine
Less than 1 oz misdemeanor 6 months $1000
1 oz to 1 lb misdemeanor 1 year $2500
1 to 100 lbs felony 5 years $5,000
Over 100 lbs felony 1 – 15 years $10,000

Virginia Marijuana Possession Penalties

Possession Classification Incarceration Fine
Any amount (first offense) misdemeanor 30 days $500
Any amount (subs. offense) misdemeanor 1 year $2,500

West Virginia Marijuana Possession Penalties

Possession Classification Incarceration Fine
Any amount misdemeanor 90 days – 6 months $1000
Possession of less than 15 grams triggers an automatic conditional discharge.

Wisconsin Marijuana Possession Penalties

Possession Classification Incarceration Fine
Any Amount (first offense) misdemeanor 6 months $1000
Any Amount (subs. offense) felony 3.5 years $10,000

Wyoming Marijuana Possession Penalties

Possession Classification Incarceration Fine
Under the influence or use misdemeanor 90days $100
3 oz or less misdemeanor 1 year $1,000
More than 3 oz felony 5 years $10,000
Within 500 feet of a school >Additional $500

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