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MARIJUANA/CANNABIS/HASHISH
CRIMINAL PENALTIES
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Possession of 28.5 grams
or less of marijuana is not an arrestable offense.
As long as the offender can provide sufficient
identification and promises to appear in court, the
officer will not arrest the offender. Upon
conviction of the misdemeanor charge the offender is
subject to a fine of $100. Possession of greater
than 28.5 grams is punishable by up to six months in
jail and a fine of up to $500.
Possession of 28.5 grams
or less of marijuana on school grounds when the school
is open is punishable by up to 10 days in jail and a
$500 fine. Possession of greater than 28.5 grams
or more of marijuana in a school zone is punishable by
up to six months in jail and a fine of up to $500.
The cultivation or
processing of any amount of marijuana is punishable by
up to sixteen months in state prison. There is
an exception to the cultivation prohibition for
patients or patients’ caregivers who possess or
cultivate for personal use by the patient upon
approval of a physician.
The laws regarding
possession and cultivation of marijuana do not apply
to patients or patients’ primary caregivers who
possess or cultivate marijuana for the personal
medical use of the patient, upon the recommendation or
approval of a physician.
Selling marijuana in any
amount is punishable by 2 – 4 years in the state
prison. Giving away less than 28.5 grams is a
misdemeanor and is punishable by a fine of up to $100.
Sale of marijuana to a
minor is punishable by 3 – 5 years in prison.
For anyone under the age
of 21 convicted of any of the above offenses, the
state may suspend the offender’s driver’s license
for up to one year.
Possession of
paraphernalia is a civil fine of $200-$300 for the
first offense and goes up to $5,000-$6,000 for a fifth
or subsequent violation within a five-year period.
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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.
Medical marijuana: This
state has medical marijuana laws enacted. Modern research
suggests that cannabis is a valuable aid in the treatment of a
wide range of clinical applications. These include pain
relief, nausea, spasticity, glaucoma, and movement disorders.
Marijuana is also a powerful appetite stimulant and emerging
research suggests that marijuana's medicinal properties may
protect the body against some types of malignant tumors, and
are neuroprotective. For more information see NORML's Medical
Marijuana section.
Hemp: This state has an
active hemp industry. Hemp is a distinct variety of the plant
species cannabis sativa L. that contains minimal (less
than 1%) amounts of tetrahydrocannabinol (THC), the primary
psychoactive ingredient in marijuana. Various parts of the
plant can be utilized in the making of textiles, paper,
paints, clothing, plastics, cosmetics, foodstuffs, insulation,
animal feed, and other products
IF IT'S A CRIMINAL
MATTER....WE CAN HELP!
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