Legal Status

Legal recreational and medical dispensaries.
Post Reply
User avatar
Lemming
Site Admin
Posts: 2731
Joined: Sat 5th Mar 2005 07:17 am
Location: UK
Contact:

Legal Status

Post by Lemming » Mon 25th Aug 2014 04:07 pm

Cannabis is still illegal in the USA as a whole according to federal law but some individual states have seemingly contradictory laws. This goes furthest in Colorado and Washington State where marijuana is now fully legalised. Several other states have decriminalised and many make a distinction for medical cannabis.

If you have anything to add to this, corrections or updates on the legal situation in America, please reply to this topic.

Cannabis tourism: It's still early days but some kind of coffeeshop-style establishments look imminent in places like Denver and Seattle. Medical cannabis dispensaries already exist in many places.

I'd love to hear more about these places. If you know anything about specific coffeeshop-like outlets or smoking venues in USA then please start a new thread about them in this forum.

In keeping with this being a coffeeshop directory, I am keen to compile information and reviews on coffeeshops and dispensaries. It's an exciting time. The prospect of a Denver Coffeeshop Directory is thrilling!



User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Wed 30th Nov 2016 07:31 pm

Colorado Laws & Penalties


Offense Penalty Incarceration Max. Fine

Possession


Personal Use

1 oz or less* No Penalty None $ 0
Transfer of 1 oz or less for no remuneration* No Penalty None $ 0
More than 1 - 2 oz Petty Offense None $ 100
Open and public displays or uses of 2 oz or less Petty Offense None $ 100
More than 2 - 6 oz Misdemeanor 0 - 12 months $ 700
More than 6 - 12 oz Misdemeanor 6 - 18 months $ 5,000
More than 12 oz Felony 1 - 2 years $ 100,000
* By persons 21 years of age or older.

With Intent to Distribute

Possession of 8 oz or more is considered possession with the intent to distribute will enhance the sentence.

Sale or Distribution

4 oz or less Misdemeanor 6 - 18 months $ 5,000
More than 4 oz – 12 oz Felony 6 months - 2 years $ 100,000
More than 12 oz – 5 lbs Felony 2 - 6 years $ 500,000
More than 5 lbs – 50 lbs Felony 4 - 16 years $ 750,000
More than 50 lbs Felony 8 - 32 years $ 1,000,000
Sale to a minor has a greater penalty. See details for information.

Cultivation

6 plants or fewer* No Penalty None $ 0
6 - 30 plants Felony 6 months - 2 years $ 100,000
More than 30 plants Felony 2 - 6 years $ 500,000
* By persons 21 years of age or older.

Hash & Concentrates


Possession

1 oz or less* No Penalty None $ 0
1 - 3 oz Misdemeanor 6 - 18 months $ 5,000
More than 3 oz Felony 6 months - 2 years $ 100,000

Distribute, Transfer, or Possess with Intent

2 oz or less Misdemeanor 6 - 18 months $ 5,000
More than 2 oz – 6 oz Felony 6 months - 2 years $ 100,000
More than 6 oz – 2.5 lbs Felony 2 - 6 years $ 500,000
More than 2.5 lbs – 25 lbs Felony 4 - 16 years $ 750,000
More than 25 lbs Felony 8 - 32 years $ 1,000,000
* By persons 21 years of age or older.
Sale, Transfer or Dispense to a minor has a greater penalty. See details for information.

Paraphernalia

Possession of paraphernalia Petty Offense N/A $ 100


Penalty Details



Possession for Personal Use

Private possession by persons 21 years of age or older of up to one ounce is no penalty. Private cultivation of up to six marijuana plants, with no more than three being mature is no penalty. Transfer of one ounce or less for no remuneration is no penalty.

See
•Colo. Const. Art. XVIII, Section 16(3) Web Search

Possession of more than 1 - 2 ounces is a drug petty offense that is punishable by a maximum fine of $100. The offender will be summoned and a court appearance is mandatory. Failure to appear in court is a Class 3 misdemeanor, which is punishable by up to 6 months in jail and a fine of up to $750.

Possession of more than 2 to 6 ounces of marijuana is a level 2 drug misdemeanor, punishable by up to 1-year imprisonment and a fine not to exceed $700.

Possession of more than 6 ounces to 12 ounces is a level 1 drug misdemeanor, which is punishable by up to eighteen months of imprisonment and a fine of $500 - $5000.

Possession of more than 12 ounces is a level 4 drug felony which is punishable by 6 months - 2 years of imprisonment, as well as a fine between $1,000-$100,000.

One who openly and publicly displays, uses, or consumes 2 ounces of marijuana or less is guilty of a drug petty offense and may be subject to24 hours of community service as well as a maximum fine of $100.

See
•§ 18-1.3-401.5 Web Search
•§ 18-1.3-501 Web Search
•§§ 18-18-406(4), (5) Web Search

Possession with Intent to Distribute

Possession of 8 ounces of marijuana or more is a lesser-included offense of possession with the intent to distribute. Each element of the possession offense is included except the quantity, which is a sentence enhancer, not an essential element of the offense.

See
•People v. Garcia, 251 P.3d 1152 (Colo. App. 2010). Web Search

Sale or Distribution

Transfer of one ounce or less for no remuneration by persons 21 years of age or older is no penalty.

See
•Colo. Const. Art. XVIII, Section 16 Web Search

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

The sale of 4 ounces or less of marijuana is a level 1 drug misdemeanor punishable by 6-18 months imprisonment as well as a fine between $500-$5,000.

The sale of more than 4 ounces, but not more than 12 ounces of marijuana is a level 4 drug felony and punishable by a sentence of 6 months - 2 years and a fine of $ 1,000 - $ 100,000.

The sale of more than 12 ounces but not more than 5 pounds of marijuana is a level 3 drug felony punishable by a sentence of 2 - 6 years and a fine of $ 2,000 - $ 500,000.

The sale of more than 5 pounds but not more than 50 pounds of marijuana is a level 2 drug felony punishable by a sentence of 4 - 16 years and a fine of $ 3,000 - $ 750,000.

The sale of more than 50 pounds of marijuana is a level 1 drug felony and punishable by a sentence of 8 - 32 years and a fine of $ 5,000 - $ 1,000,000.

See
•§ 18-1.3-401.5 Web Search
•§ 18-1.3-501 Web Search
•§ 18-18-406(2)(b) Web Search

To a Minor:

The sale, transfer, or dispensing of not more than 1 ounce of marijuana to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months - 2 years and a fine of $ 1,000 - $ 100,000.

The sale, transfer, or dispensing of more than one ounce, but not more than six ounces of marijuana to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 - 6 years and a fine of $ 2,000 - $ 500,000.

The sale, transfer, or dispensing of more than 6 ounces, but not more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 - 16 years and a fine of $ 3,000 - $ 750,000.

The sale, transfer, or dispensing of more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 - 32 years and a fine of $ 5,000 - $ 1,000,000.

See
•§ 18-1.3-401.5 Web Search
•§ 18-1.3-501 Web Search
•§ 18-18-406(1) Web Search

Cultivation

There is no penalty in Colorado for persons who privately cultivate up to 6 marijuana plants, with no more than 3 being mature.

See
•Colo. Const. Art. XVIII, Section 16(3) Web Search

The cultivation of 6 plants or fewer is a level 1 drug misdemeanor punishable by 6-18 months imprisonment as well as a fine between $500-$5,000, if not at least 21 years of age.

The cultivation of more than 6 but not more than 30 plants is a level 4 drug felony punishable by 6 months - 2 imprisonment as well as a fine between $1,000-$100,000.

The cultivation of more than 30 plants is a level 3 drug felony punishable by 2-6 years imprisonment as well as a fine between $2,000-$500,000.

See
•§ 18-1.3-401.5 Web Search
•§ 18-1.3-501 Web Search
•18-18-406(3) of the Colorado Revised Statutes Web Search

Hash & Concentrates

Private possession by persons 21 years of age or older of up to one ounce is no penalty.

See
•Colo. Const. Art. XVIII, Section 16 Web Search

Possession of more than 1 - 3 ounces of hashish or extracts is a level 1 misdemeanor punishable by a fine between $500 and $5,000 dollars and/or a term of imprisonment between 6 and 18 months.

Possession of more than 3 ounces of marijuana concentrate commits a level 4 drug felony punishable by 6 months - 2 years imprisonment as well as a fine between $1,000-$100,000.

See
•§ 18-1.3-401.5 Web Search
•§ 18-1.3-501 Web Search
•§ 18-18-406(4) Web Search

Sale:

The sale of 2 ounces or less of marijuana concentrate is a level 1 drug misdemeanor punishable by 6 -18 months imprisonment as well as a fine between $500-$5,000.

The sale of more than 2 ounces - 6 ounces of marijuana concentrate is a level 4 drug felony punishable by 6 months -2 years imprisonment as well as a fine between $1,000-$100,000.

The sale of more than 6 ounces - 2.5 pounds of marijuana concentrate is a level 3 drug felony punishable by 2 - 6 years imprisonment as well as a fine between $5,000-$500,000.

The sale of more than 2.5 - 25 pounds is a level 2 drug felony punishable by a sentence of 4 - 16 years and a fine of $ 3,000 - $ 750,000.

The sale of more than 25 pounds is a level 1 drug felony punishable by a sentence of 8 - 32 years and a fine of $ 5,000 - $ 1,000,000.

See
•§ 18-1.3-401.5 Web Search
•§ 18-1.3-501 Web Search
•§ 18-18-406(2)(b) Web Search

Sale to a Minor:

The sale, transfer, or dispensing of more than 1 pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 - 32 years and a fine of $ 5,000 - $ 1,000,000.

The sale, transfer, or dispensing of more than 3 ounces, but not more than 1 pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 - 16 years and a fine of $ 5,000 - $ 750,000.

The sale, transfer, or dispensing of more than .5 ounces, but not more than 3 ounces, of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 - 6 years and a fine of $ 2,000 - $ 500,000.

The sale, transfer, or dispensing of not more than .5 ounces of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months - 2 years and a fine of $ 1,000 - $ 100,000.

See
•§ 18-1.3-401.5 Web Search
•§ 18-1.3-501 Web Search
•§ 18-18-406(1) Web Search

Paraphernalia

Possession of paraphernalia is a drug petty offense that is punishable by a fine of up to $100.

See
• § 18-18-428 of the Colorado Revised Statutes Web Search




Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

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.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. 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. For more information see NORML's Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

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.


NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Wed 30th Nov 2016 07:34 pm

Washington Laws & Penalties

Offense Penalty Incarceration Max. Fine

Possession


Personal Use

1 oz or less (private possession/consumption) No Criminal Penalty None $ 0
1 oz or less (public consumption) Civil Penalty None $ 100
1 oz - 40 g Misdemeanor 24 hours* - 90 days $ 1,000
More than 40 g Felony 5 years $ 10,000
* Mandatory minimum sentence

With intent to distribute

Any amount Felony 5 years $ 10,000

Sale or Distribution

Any amount Felony 5 years $ 10,000
To a minor at least 3 years younger Felony 10 years $ 10,000
Within 1000 ft of a school, school bus stop or in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by double fines and imprisonment.

Cultivation

Any amount Felony 5 years $ 10,000
Within 1000 ft of a school, school bus stop or in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by double fines and imprisonment.

Hash & Concentrates

16 oz or less marijuana-infused product solid form No Criminal Penalty None $ 0
72 oz or less marijuana-infused product liquid form No Criminal Penalty None $ 0
7 g marijuana concentrate No Criminal Penalty None $ 0
Possession of more than 40 g Felony 5 years $ 10,000
Manufacture, sale, delivery or possession with intent Felony 5 years $ 10,000
Subsequent offenses carry greater penalties.
Patients may possess hash and concentrates for medical use. See details section.

Paraphernalia

Advertisement Misdemeanor 24 hours* - 90 days $ 1,000
* Mandatory minimum sentence

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Knowingly maintaining a structure used for drug offenses Felony 5 years $ 10,000
Controlled substances homicide Felony 10 years $ 20,000
Parents of a minor to whom a controlled substance was sold or transferred have a cause of action against the seller.
Juveniles will have their driving privileges revoked.


Penalty Details



Marijuana is a Schedule I hallucinogenic substance under the Washington Uniform Controlled Substances Act.

See
•Washington Rev. Code § 69.50.204 Web Search

Possession for Personal Use

The adult possession, in private, of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form) is not subject to criminal or civil penalty. The public consumption of marijuana is subject to a civil violation and fine. Any consumption of cannabis while one is in a moving vehicle is defined as a traffic infraction. Traffic safety laws further require that the possession of cannabis in a moving vehicle must be located in a sealed container in either the trunk, glove compartment, or some other area that is inaccessible to the driver or passengers.

Possession of one ounce to 40 grams is a misdemeanor, punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail. A mandatory fine of $250 is imposed for the first offense, and a mandatory fine of $500 is imposed for the second or subsequent violations. This is in addition to a possible fine up to $1,000. The imprisonment will not be suspended or deferred unless it is determined that it "will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition." The mandatory fine may not be suspended or deferred unless the defendant is found to be indigent.

Possession of more than 40 grams is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory $1,000 fine applies to first time offenses and a $2,000 fine to second or subsequent offenses.

See
•Washington Rev. Code § 9A.20.021 Web Search
•Washington Rev. Code § 69.50.4014 Web Search
•Washington Rev. Code § 69.50.4013 Web Search
•Washington Rev. Code § 69.50.425 Web Search
•Washington Rev. Code § 69.50.430 Web Search

Possession with Intent to Distribute

Possession with intent to distribute any amount of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. There is an additional mandatory fine of $1,000 for the first offense and $2,000 for a second or subsequent offense.

See
•Washington Rev. Code § 9A.20.021 Web Search
•Washington Rev. Code § 69.50.401 Web Search
•Washington Rev. Code § 69.50.430 Web Search

Sale or Distribution

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

Sale or distribution of any amount of marijuana is a C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 fine to second or subsequent offenses.

See
•Washington Rev. Code § 9A.20.021 Web Search
•Washington Rev. Code § 69.50.401 Web Search
•Washington Rev. Code § 69.50.430 Web Search

Distribution by a person aged 18 years or older to a person less than 18 years who is 3 years the distributor's junior is a class B felony punishable by an imprisonment term double that for sale (10 years total) and/or a fine of up to $10,000.

See
•Washington Rev. Code § 69.50.406(2) Web Search

Cultivation

Cultivation for either personal use or distribution is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

See
•Washington Rev. Code § 9A.20.021 Web Search
•Washington Rev. Code § 69.50.401 Web Search
•Washington Rev. Code § 69.50.430 Web Search

Hash & Concentrates

Washington's definition of marijuana includes "all parts of the plant Cannabis," including "the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin." Under this definition hashish or concentrates, which are compounds made from the resin of the plant, would be considered marijuana.

See
• Washington Rev. Code §69.50.101(q) Web Search

Possession of 16 ounces of marijuana-infused product in solid form; 72 ounces of marijuana-infused product in liquid form; or 7 grams of marijuana concentrate is not subject to criminal or civil penalty.

Possession of more than 40 grams of hashish or concentrates is a class C felony punishable by a term of imprisonment no greater than 5 years and/or a fine no greater than $10,000.

See
• Washington Rev. Code §69.50.4014 Web Search
• Washington Rev. Code §69.50.425 Web Search
• Washington Rev. Code §69.50.4013 Web Search
• Washington Rev. Code §9A.20.021(1)(c) Web Search

Manufacture, delivery or possession with intent to manufacture or deliver, hashish or concentrates is a class C felony punishable by a term of imprisonment no greater than 5 years and/or a fine no greater than $10,000.

See
• Washington Rev. Code §69.50.401(c) Web Search
• Washington Rev. Code §9A.20.021(1)(c) Web Search

Selling hashish or concentrates is a crime punishable by a term of imprisonment no greater than 5 years and a fine no greater than twice the value of the hashish or concentrates. Subsequent offenses for selling hashish or concentrates is a crime punishable by a mandatory term of imprisonment for 5 years and a fine no greater than twice the value of the hashish or concentrates.

See
•Washington Rev. Code §69.50.410 Web Search

Hashish and concentrates can be used medically in Washington since hashish and concentrates are considered a marijuana product.

See
•Washington Rev. Code §69.51A.040 Web Search

Selling, manufacturing, transferring, or possessing with intent to manufacture, sell, or transport hashish or concentrates within designated areas is a crime punishable by a term of imprisonment no greater than 10 years and/or a fine no greater than $20,000 or four times the value of the hashish or concentrates. There is an affirmative defense available allowing the accused to prove that the offense was entirely within a private residence. The designated areas are:


• within schools;
• within 1,000 feet of school grounds
• within school buses;
• within 1000 feet of a school bus stop;
• within public parks;
• within public housing projects designated drug free zones;
• within -public transit vehicles
• at a public transit stop center;
• within civic centers designated drug free zones;
• within 1,000ft of any civic center designated a drug free zone.

See
• Washington Rev. Code §69.50.435 Web Search
• Washington Rev. Code §69.50.410 Web Search
• Washington Rev. Code §69.50.412 Web Search
•Washington Rev. Code §9A.20.021(c) Web Search

Paraphernalia

Advertisement of paraphernalia is a misdemeanor punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail and a fine of not more than $1,000.

See
•Washington Rev. Code § 69.50.412 Web Search
•Washington Rev. Code § 69.50.425 Web Search

Sale or giving of drug paraphernalia is also a class I civil infraction punishable by a $250 fine.

See
•Washington Rev. Code § 7.80.120 Web Search
•Washington Rev. Code § 69.50.4121 Web Search

Sentencing

Drug offenses are sentenced according to drug offense seriousness level and a drug offense sentencing grid.

See
•Washington Rev. Code § 9.94A517 Web Search
•Washington Rev. Code § 9.94A518 Web Search

First time marijuana offenders may have the imposition of the standard sentence waived with conditions. For violations which involve a small amount of drugs (as determined by the judge), the offender may have the standard sentence waived in lieu treatment or a prison-based alternative.

See
•Washington Rev. Code § 9.94A.517 Web Search
•Washington Rev. Code § 9.94A.660 Web Search
•Washington Rev. Code § 9.94A.662 Web Search
•Washington Rev. Code § 9.94A.664 Web Search

Suspension of sentencing is available for all drug offenses, at the discretion of the court. Conditions to this probation may include paying fines and reporting to a probation officer.

See
•Washington Rev. Code § 9.92.060 Web Search

Any person convicted of a second or subsequent offense is subject to double the term of imprisonment authorized for the offense and double the fine authorized for the offense. However, this does not apply to certain possession offenses. A second or subsequent offense is any offense of this statute committed by a person with a prior conviction under this statute or any statute of the United States or any state relating to narcotics, marijuana, depressants, hallucinogens, or stimulants.

See
•Washington Rev. Code § 69.50.408 Web Search

Forfeiture

Criminal

Vehicles and other property may be seized for violations of the Washington Uniform Controlled Substances Act if certain conditions are met. A seizure of property commences a forfeiture proceeding in which the law enforcement agency must give notice to the owner and others with an interest in the property within 15 days. After notice has been served, those with an interest in the property have 45 days in the case of personal property and 90 days in the case of real property to respond, or else the items will be deemed forfeited.

See
•Washington Rev. Code § 69.50.505 Web Search

Civil

Private or state actors may file an action for damages and forfeiture of property involved in delivery, cultivation, or possession with intent to deliver or cultivate marijuana.

See
•Washington Rev. Code § 9A.82.100 Web Search

Miscellaneous

Involving a person under the age of 18 in a drug offense

Involving a person under the age of 18 (compensating, soliciting, or threatening) in a transaction to cultivate, sell, or deliver marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

See
•Washington Rev. Code § 9A.20.021 Web Search
•Washington Rev. Code § 69.50.4015 Web Search
•Washington Rev. Code § 69.50.430 Web Search

Knowingly maintaining a structure used for drug offenses

It is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000 to knowingly maintain a structure (including homes and vehicles) that is resorted to by persons using controlled substances in violation of the law for that purpose, or which is used to sell or store substances. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

See
•Washington Rev. Code § 9A.20.021 Web Search
•Washington Rev. Code § 69.50.402(f) Web Search
•Washington Rev. Code § 69.50.430 Web Search

Civil damages

Parents or legal guardians of a minor to whom a controlled substance was sold or transferred have a cause of action against the person who sold or transferred the substances. Damages may include costs of rehabilitation services for the minor, forfeiture of any money made in the transaction, and attorney's fees.

See
•Washington Rev. Code § 69.50.414 Web Search

Controlled substances homicide

A person who delivers a controlled substance, which is subsequently used by the person delivered to and results in their death, is guilty of a class B felony punishable by up to 10 years imprisonment and/or a fine up to $20,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

See
•Washington Rev. Code § 9A.20.021 Web Search
•Washington Rev. Code § 69.50.415 Web Search
•Washington Rev. Code § 69.50.430 Web Search

Revocation of juvenile's driving privileges

Juveniles (age 13-21) will have their driving privileges revoked for any offense under this statute. For the first offense, the privileges will be revoked for 1 year or until the person reaches 17 years old, whichever is longer. A second or subsequent offense will result in the revocation of privileges for 2 years or until the individual is 18 years old, whichever is longer.

See
•Washington Rev. Code § 46.20.265 Web Search
•Washington Rev. Code § 69.50.420 Web Search

Violations committed on or in certain public places or facilities

Cultivation, sale, delivery, or possession with intent to cultivate, sell, or deliver marijuana in a school, on a school bus, within 1,000 feet of a school bus stop or school grounds, in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by a fine that is twice that authorized for the offense and/or imprisonment for a term that is twice the amount authorized for the offense. It is an affirmative defense that the conduct took place exclusively within the confines of a private residence and the transaction did not involve profit.

See
•Washington Rev. Code § 69.50.435 Web Search

Chemical dependency

If the court finds that the offender is chemically dependent and this has contributed to their offense, the court may order the offender take part in rehabilitation.

See
•Washington Rev. Code § 9.94A.607 Web Search

Mandatory Fee

Any individual convicted, sentenced to a lesser charge, or given deferred prosecution under WA's DUID statute must pay a $200 fee to compensate the State for the drug test, in addition to any fine imposed by the Court. This fee applies to each individual conviction but may be waived for poverty.

See
• RCW § 46.61.5054(1). Web Search




Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. 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. For more information see NORML's Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

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.


NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Wed 30th Nov 2016 07:37 pm

Oregon Laws & Penalties

Offense Penalty Incarceration Max. Fine

Possession


In Public

1 oz or less No Penalty None $ 0
More than 1 – 2 oz Violation N/A $ 650
More than 2 - 4 oz Misdemeanor 6 months $ 2,500
More than 4 oz Misdemeanor 1 year $ 6,250

At Home

8 oz or less homegrown No Penalty None $ 0
More than 1 – 2 lbs Misdemeanor 6 months $ 2,500
More than 2 lbs Misdemeanor 1 year $ 6,250

Manufacture, Delivery, or Distribution


Manufacture

Any amount Felony 5 years $ 125,000
Within 1000 feet of school grounds Felony 20 years $ 375,000
Personal home gardens and licensed production sites exempted.

Delivery

1 oz or less homegrown without compensation No Penalty None $ 0
More than 1 oz - 16 oz without compensation Violation None $ 2,000
16 oz or more with compensation Misdemeanor 1 year $ 6,250
To a minor Felony 5 years $ 125,000
Within 1000 feet of school grounds Felony 20 years $ 375,000
Delivery with or without compensation of 150 g or more is punished more severely.

Cultivation

Up to 4 plants homegrown No Penalty None $ 0
More than 4 - 8 plants Misdemeanor 6 months $ 2,500
More than 8 plants homegrown or any amount away from home (unlicensed) Felony 5 years $ 125,000
Within 1,000 feet of a school (except homegrown or licensed) Felony 20 years $ 375,000

Hash & Concentrates

16 oz or less solid infused at home No Penalty None $ 0
72 oz or less liquid infused at home No Penalty None $ 0
1 oz or less extract at home No Penalty None $ 0
0.25 oz or less not purchased from retailer Misdemeanor 6 months $ 2,500
More than 0.25 oz not purchased from retailer Felony 5 years $ 125,000
Note that processing, or extracting is Manufacturing under Oregon law.

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent sell or deliver Civil Penalty N/A $ 10,000

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Knowingly maintaining a structure used for drug offenses Misdemeanor 1 year $ 6,250
Commercial drug offenses are punished more severely.
A conviction for possession of more than 1 oz, delivery, or cultivation of marijuana can result in an automatic 6 months suspension of driving privileges.


Penalty Details



Marijuana is a Schedule II substance under the Oregon Uniform Controlled Substances Act as decided by rulemaking by the Oregon Board of Pharmacy.

See
•Oregon Rev. Stat. § 574.059 Web Search
•Oregon Admin. R. 855-080-022 Web Search

Possession

In Public

There is no fine or penalty for possession of 1 ounce or less of marijuana in public. However, the use of any marijuana is a class B violation punishable by a maximum fine of $1,000.

Possession of more than 1 – 2 ounces of marijuana is a class B violation punishable by a fine of up to $1,000.
Possession of more than 2 – 4 ounces of marijuana is a class B misdemeanor punishable by up to 6 months in prison jail and a fine of up to $2,500.

Possession of more than 4 ounces of marijuana is a class A misdemeanor punishable by up to 1 year in prison and a fine of up to $6,250.

At Home

There is no fine or penalty for possession of 8 ounces or less of “ homegrown” marijuana if at home.

Possession of more than 1 – 2 pounds of marijuana at home is a class B misdemeanor punishable by up to 6 month in prison and a fine of up to $2,500.

Possession of more than 2 pounds of marijuana at home is a class A misdemeanor punishable by up to 1 year in prison and a fine of up to $6,250.

See
•Oregon Rev. Stat. §§ 153.005 - .021 Web Search
•Oregon Rev. Stat. §§ 161.605 - .685 Web Search
•Oregon Rev. Stat. § 161.615 Web Search
•Oregon Rev. Stat. § 161.625 Web Search
•Oregon Rev. Stat. § 161.635 Web Search
•Oregon Rev. Stat. § 475.864 Web Search
•Oregon Rev. Stat. § 475.900(2)(b)(E) Web Search
•Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/cjc/about/Documen ... esgrid.pdf

Commercial Sale and Regulation

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state beginning in 2016. State-licensed medical dispensaries are permitted to begin sales to non-medical persons age 21 or older on October 1, 2015. Sales to adults will be limited to no more than one-quarter ounce per person, per visit, per day. Marijuana sales by unlicensed entities remain subject to criminal penalties as described above.

The Oregon Liquor Control Commission has until January 1, 2016, to implement regulations on production, processing, and commercial sale of marijuana. Applications to grow, process, or sell marijuana for personal use will be accepted by the state starting January 4, 2016. The state will start issuing licenses during the first half of 2016. Application and licensing fees be set by the OLCC during rulemaking.

Manufacture, Delivery, or Distribution

Manufacture

Manufacture of any amount of marijuana is a class C felony punishable by up to 5 years in prison and a fine of up to $1,250, except for home gardens of 4 plants and licensed production sites and medical marijuana growsites.

Manufacture of marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000, except for home gardens of 4 plants and licensed production sites and medical marijuana growsites.

Delivery

Delivery of 1 ounce or less of “homegrown” marijuana without compensation carries no fine or penalty.

Delivery of more than 1 ounce - 16 ounces of marijuana without compensation is a Class A violation punishable by a fine not to exceed $2,000.

Delivery of 16 ounces or more of marijuana with compensation is a misdemeanor by up to 1 year imprisonment and/or a fine up to $6,250.

Delivery of any amount of marijuana to a minor is a class C felony punishable by up to 5 years in prison and a fine of up to $125,000.

Delivery of any amount marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000.

Any delivery (with or without compensation) of 150 grams or more is punished more severely with the term of imprisonment varying depending on the offender's prior record.

See
•Oregon Rev. Stat. § 153.005 - 025 Web Search
•Oregon Rev. Stat. §§ 161.605 - .685 Web Search
•Oregon Rev. Stat. § 161.615 Web Search
•Oregon Rev. Stat. § 161.625 Web Search
•Oregon Rev. Stat. § 161.635 Web Search
•Oregon Rev. Stat. § 475.856 Web Search
•Oregon Rev. Stat. § 475.860 Web Search
•Oregon Rev. Stat. § 475.900(1)(a)(E) Web Search
•Oregon Rev. Stat. § 475.862 Web Search
• Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/cjc/about/Documen ... esgrid.pdf

Cultivation

There is no fine or penalty for cultivation of up to 4 plants homgrown at home.

Cultivation of more than 4 - 8 plants is a Class B misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $2,500.

See
•Oregon Rev. Stat. § 153.005 - 025 Web Search
•Oregon Rev. Stat. § 161.605 Web Search
•Oregon Rev. Stat. § 161.625 Web Search
•Oregon Rev. Stat. § 475.856 Web Search
•Oregon Rev. Stat. § 475.858 Web Search
•Oregon Rev. Stat. § 475.900(1)(a)(E) Web Search
•Oregon Rev. Stat. § 475.900(1)(c) Web Search
• Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/cjc/about/Documen ... esgrid.pdf

Hash & Concentrates

Possession

There is no fine or penalty for possession of 16 ounces or less of solid infused cannabinoid products, 72 ounces or less of liquid infused cannabinoid products and 1 ounce or less of cannabinoid extracts at home.

Possession of ¼ ounce or less of cannabinoid extract not purchased from retailer is a class B misdemeanor punishable by up to 6 months in prison and a fine of up to $2,500.

Possession of more than ¼ ounce of cannabinoid extract not purchased from retailer is a class C felony punishable by up to 5 years in prison and a fine of up to $125,000.

Note that processing, or extracting is Manufacturing under Oregon law.

See
•Oregon Rev. Stat. § 153.005 - 025 Web Search
•Oregon Rev. Stat. § 161.605 - .685 Web Search
•Oregon Rev. Stat. § 475.005(16) Web Search
•Oregon Rev. Stat. § 475.864 Web Search
• Oregon Rev. Stat. § 475.900 Web Search
• Oregon v. Ness, 635 P.2d 1025 Web Search
•Or. Ct. App. 1981 Web Search

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent to sell paraphernalia is subject to a civil penalty of $2,000 to $10,000.

See
•Oregon Rev. Stat. § 475.525 Web Search
•Oregon Rev. Stat. § 475.565 Web Search

Sentencing

Oregon determines the length of sentence by using a sentence grid.

See
•Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/cjc/about/Documen ... esgrid.pdf

Diversion: The courts may defer the proceedings for first time possession offenders and place them on probation. If the individual violates the terms of his/her probation, the courts will terminate the probation and find the defendant guilty. Upon successful completion of probation, courts will dismiss the case.

See
•Oregon Rev. Stat. § 475.245 Web Search

Forfeiture

Criminal

Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a criminal forfeiture proceeding. Should the district attorney decide to pursue criminal forfeiture, it shall be brought in the same proceeding as the underlying offense. When property has been seized, a person with an interest in it (other than the defendant) has 15 days from actual knowledge or notice, whichever is earlier, to file a motion to show cause.

See
•Oregon Rev. Stat. § 131.558 Web Search
•Oregon Rev. Stat. §§ 131.564(2), (8) Web Search
•Oregon Rev. Stat. § 131.582(4) Web Search

Civil

Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a civil forfeiture proceeding. Forfeiture notice may be given by the police officer when seizing the property or within 15 days of the seizure by the seizing agency. Those claiming an interest in the property have 21 days after forfeiture notice to file a claim with the agency's forfeiture counsel. There can be no forfeiture without a criminal conviction.

See
•Oregon Rev. Stat. § 131A.020 Web Search
•Oregon Rev. Stat. § 131A.105 Web Search
•Oregon Rev. Stat. §§ 131A.150(2)-(3) Web Search
•Oregon Rev. Stat. § 131A.165 Web Search

Miscellaneous

Commercial drug offense

Possession, delivery, or cultivation of marijuana can be considered a commercial drug offense if 3 factors out of a long list are satisfied, including the delivery was for compensation, the person was in possession of $300 or more in cash, they possessed materials for the packaging of controlled substances, among many others. Commercial drug offenses are punished more severely with the term of imprisonment varying depending on the offender's prior record.

See
•Oregon Rev. Stat. § 475.900(b) Web Search
• Sentencing Grid of the Oregon Criminal Justice Commission
http://www.oregon.gov/cjc/about/Documen ... esgrid.pdf

Knowingly maintaining a structure used for drug offenses

It is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $6,250 to maintain a structure (including houses and vehicles) that the owner knows is used for using, storing, or selling marijuana.

See
•Oregon Rev. Stat. § 161.615 Web Search
•Oregon Rev. Stat. § 161.635 Web Search
•Oregon Rev. Stat. § 475.914 Web Search

Suspension of Driving Privileges

A conviction for possession of one ounce or more, delivery, or cultivation of marijuana results in an automatic 6 month suspension of driving privileges, unless the court finds compelling reasons not to suspend the driving privileges.

See
•Oregon Rev. Stat. § 809.265 Web Search
•Oregon Rev. Stat. § 809.280(10) Web Search




Hemp

This state has an active hemp industry or has authorized research. 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. For more information see NORML's Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

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.


NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Wed 30th Nov 2016 07:40 pm

Alaska Laws & Penalties

Offense Penalty Incarceration Max. Fine

Possession


Personal Use

1 oz or less None None $ 0
1 - 4 oz in your residence* Not classified N/A $ 0
1 - less than 4 oz Misdemeanor 1 year $ 10,000
4 oz or more Felony 5 years $ 50,000
Any amount within 500 feet of school grounds or rec. center** Felony 5 years $ 50,000
Public consumption Violation None $ 100

With Intent to Distribute

Less than 1 oz*** Misdemeanor 1 year $ 10,000
1 oz or more Felony 5 years $ 50,000
* Based on an Alaskan Supreme Court decision, possession in the home for personal use is protected conduct by the right-to-privacy provision in their state constitution.
** If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence.
*** The law will change in November 2016 when retail stores are established to sell up to one ounce. Currently, a person may convey up to one ounce to anyone 21 years old or older without compensation.

Sale or Delivery

Less than 1 oz Misdemeanor 1 year $ 10,000
1 oz or more Felony 5 years $ 50,000
To a person under 19 who is 3 years or more younger than the seller. Felony 10 years $ 100,000

Cultivation

Up to 6 plants (no more than 3 mature) None None $ 0
6 - 25 plants in your residence* Not classified N/A $ 0
25 plants or more Felony 5 years $ 1,000
To a person under 19 who is 3 years or more younger than the seller. Felony 10 years $ 100,000
* Based on an Alaskan Supreme Court decision, possession in the home for personal use is protected conduct by the right-to-privacy provision in their state constitution.

Hash & Concentrates

Possession of 3g or less Misdemeanor 0 - 1 year $ 10,000
Possession of more than 3g Felony 0 - 2 years $ 50,000
Delivery, manufacture, or possessing with intent to distribute any amount Felony 1 - 3 years $ 100,000

Civil Asset Forfeiture

Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.

Miscellaneous

If under 1 ounce of marijuana is gifted No Liability None $ 0
Offense within owned structure Felony 5 years $ 500,000
Administrative revocation of license to drive for consumption or possession


Penalty Details



Marijuana is a Schedule VIA substance under the Controlled Substances chapter of Alaskan criminal law. However, tetrahydrocannabinols, hash, and hash oil are Schedule IIIA substances.

See
•Alaska Stat. § 11.71.160 Web Search
• Alaska Stat. § 11.71.190 Web Search

Possession for Personal Use

Adults may possess up to one ounce of marijuana and/or to grow up to six marijuana plants (no more than three mature) for non-commercial purposes. Sharing or gifting 1 ounce or less, or 6 plants or less for personal use to persons at least 21 years of age quantities of marijuana is also permitted under the new law; however the consumption of cannabis in public remains an offense and is punishable by a fine of up to $100.

See
•Alaska Stat. § 17.38.020 Web Search
•Alaska Stat. § 17.38.040 Web Search

Possession of 1 to less than 4 ounces is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000. However, if the use, display, or possession was for personal use and occurred in the confines of the offender's private residence, there is no penalty and this act is protected under the Alaskan constitutional right to privacy.

Possession of 4 or more ounces of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See
•Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 11.71.050 Web Search
• Alaska Stat. § 11.71.060 Web Search
• Alaska Stat. § 12.55.035 Web Search
•Alaska Stat. § 12.55.125(d), (e) Web Search
• Alaska Stat. § 12.55.135 Web Search
• Ravin v. State, 537 P.2d 494 (Alaska 1975) Web Search
• Noy v. State, 83 P.3d 545 (Alaska Ct. App. 2003) Web Search

Possession within 500 feet of school grounds, a recreation or youth center, or on a school bus is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000. It is an affirmative defense to this charge that the violation occurred entirely within the confines of a personal residence.

See
•Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 12.55.035 Web Search
•Alaska Stat. § 12.55.125(d), (e) Web Search

Possession with Intent to Distribute

It is a class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to possess with intent to distribute less than 1 ounce of marijuana. Possession with intent to distribute an ounce or more of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See
•Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 11.71.050 Web Search
• Alaska Stat. § 12.55.035 Web Search
•Alaska Stat. § 12.55.125 Web Search
• Alaska Stat. § 12.55.135 Web Search

Sale/Delivery

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

It is a class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to deliver with or without compensation less than 1 ounce of marijuana. Delivery with or without compensation of an ounce or more of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See
•Alaska Stat. § 11.71.040 Web Search
•Alaska Stat. § 11.71.050 Web Search
•Alaska Stat. § 12.55.035 Web Search
•Alaska Stat. § 12.55.125 Web Search
•Alaska Stat. § 12.55.135 Web Search

Delivery to a person under the age of 19 by a person at least 3 years his senior is a class B felony punishable by up to 10 years imprisonment and/or a fine up to $100,000.

See
•Alaska Stat. § 11.71.030 Web Search
• Alaska Stat. § 12.55.035 Web Search

Cultivation

Adults may possess up to one ounce of marijuana and/or to grow up to six marijuana plants (no more than three mature) for non-commercial purposes. Cultivation shall be in a location where plants are not subject to public view without use of binoculars, aircraft, or other optical aids. One must take reasonable precautions to ensure the plants are secure from unauthorized access. Cultivation may only occur on property lawfully possessed by the cultivator or with consent from the person in lawful possession. Violation of these rules while otherwise in compliance with AS § 17.38.020 is punishable by a fine of up to $750.

See
•Alaska Stat. § 17.38.030 Web Search

Cultivation of less than 25 plants of marijuana for personal use in a private residence is protected under the right to privacy of the Alaska constitution. Cultivation of 25 plants or more is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000.

See
•Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 12.55.035 Web Search
•Alaska Stat. § 12.55.125 Web Search
• Ravin v. State, 537 P.2d 494 (Alaska 1975) Web Search
• Noy v. State, 83 P.3d 545 (Alaska Ct. App. 2003) Web Search

Hash & Concentrates

Hashish, hashish oil, and any other compound, mixture, or preparation containing THC is a Schedule IIIA substance.

See
• Alaska Stat. §11.71.160(f) Web Search
• Alaska Stat. §11.71.900 Web Search

Possessing less than 3 grams of hashish or concentrate is considered misconduct involving a controlled substance in the fifth degree. Misconduct involving a controlled substance in the fifth degree is a Class A misdemeanor. A Class A misdemeanor conviction is punishable by a fine of up to $10,000 and a sentence of up to 1 year.

See
• Alaska Stat. §11.71.050 Web Search
• Alaska Stat. §12.55.035(b)(5) Web Search
• Alaska Stat. §12.55.135(a) Web Search

Possessing more than three grams or more of hashish or concentrate is considered misconduct involving a controlled substance in the fourth degree. Possessing hashish or concentrates on a school bus or within 500 feet of a school or youth center is also misconduct involving a controlled substance in the fourth degree. Misconduct involving a controlled substance in the fourth degree is a Class C felony. A Class C felony conviction is punishable by a fine of up to $50,000 and a sentence of 0 -2 years, but previous felony convictions will increase the sentence up to 5 years total.

See
• Alaska Stat. §11.71.040 Web Search
• Alaska Stat. §12.55.125(e) Web Search
• Alaska Stat. §12.55.035(b)(4) Web Search

Delivering any amount of a hashish or concentrate to an individual less than 19 years in age and who is at least three years younger than the person delivering the substance is misconduct involving a controlled substance in the first degree. Misconduct involving a controlled substance in the first degree is an unclassified felony which is punishable by a fine of up to $500,000 and a sentence of 5 - 99 years.

See
• Alaska Stat. §11.71.010 Web Search
• Alaska Stat. §12.55.125(b) Web Search
• Alaska Stat. §12.55.035(b)(1) Web Search

Delivering, manufacturing, or possessing hashish or THC concentrates with the intent to deliver is considered misconduct involving a controlled substance in the third degree, which is a Class B felony. A Class B felony conviction is punishable by a fine of up to $100,000 and a sentence of 1 - 3 years, but previous felony convictions will increase the sentence up to 10 years total.

See
• Alaska Stat. §11.71.030 Web Search
• Alaska Stat. §12.55.125(d) Web Search
• Alaska Stat. §12.55.035(b)(3) Web Search

If charged with misconduct involving a controlled substance in the fourth degree due to the crime occurring within 500 feet of a school or youth center then the defendant may raise the affirmative defense that all the activity took place within a private residence. This defense does not prevent a lesser charge from being brought.

See
•Alaska Stat. §12.71.040(b) Web Search

While Alaska does recognize medical affirmative defenses for possession of marijuana, those defenses do not apply to hashish or concentrates.

See
•Alaska Stat. §12.71.090 Web Search

Paraphernalia

Alaska does not have any laws punishing the possession, sale, or manufacture of paraphernalia.

Sentencing

The court, after rendering judgment or within 60 days of doing so, may suspend imposition of a sentence or part of a sentence and place the offender on probation. For first time offenders, the court may suspend imposition of a sentence for up to 1 year or for the maximum duration of the sentence that may be imposed, whichever is greater, if it determines that it would be in the interest of justice.

See
•Alaska Stat. § 12.55.080 Web Search
• Alaska Stat. § 12.55.085 Web Search

For violations of the controlled substances chapter of Alaskan criminal law which involve the person's own use of the substance, they may be committed to the Department of Corrections for treatment for up to 1 year. This may be in place of fine or imprisonment, but only if the imprisonment would not have exceeded 1 year.

See
•Alaska Stat. § 11.71.305 Web Search

Presumptive terms of imprisonment increase for subsequent felony convictions.

See
•Alaska Stat. § 12.55.085(d)(3)-(4) Web Search

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Within 20 days of seizure of the property, the commissioner of public safety must notify all persons with an interest in the property. A person has 30 days to respond to this notice with a claim to the property.

See
•Alaska Stat. § 17.30.110 Web Search
• Alaska Stat. § 17.30.112 Web Search
• Alaska Stat. § 17.30.116 Web Search

Miscellaneous

Administrative revocation of license to drive for consumption or possession of alcohol or drugs

The department shall revoke the driver's license or permit, privilege to drive, or privilege to obtain a license of a person not yet 18 years of age for six months when notified of an informal adjustment and shall revoke the person's driver's license or permit... for an additional six months if informed of unsuccessful adjustment.

See
•Alaska Stat. § 28.15.176 Web Search
•Alaska Stat. § 47.12.060(b)(4) Web Search

Knowingly maintaining a structure used for drug offenses

It is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000 to maintain a structure (including vehicles and houses) that the owner knows is used for selling, storing, or using marijuana.

See
•Alaska Stat. § 11.71.040 Web Search
• Alaska Stat. § 12.55.035 Web Search

Civil damages

When a person engages in action that causes civil damages while under the influence of a controlled substance and the intoxication contributed significantly to the damages, the person who sold or gave them the substance is strictly liable to him for the damages.

See
•Alaska Stat. § 09.65.205 Web Search




Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Legalization

This state has legalized marijuana for personal use.

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.


NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Wed 30th Nov 2016 07:43 pm

California Laws & Penalties

Offense Penalty Incarceration Max. Fine

Possession


Personal Use

Up to 1 oz No penalty None $ 0
28.5 grams or less, over 18 years, and occurred on school grounds Misdemeanor 10 days $ 500
28.5 grams or less, under 18 years Misdemeanor 10 days* $ 250
More than 28.5 grams Misdemeanor 6 months $ 500

With Intent to Distribute

Any amount Misdemeanor 6 months $ 500
*Detention center

Sale or Delivery

Any amount Misdemeanor 6 months $ 500
Gift of 28.5 grams or less No penalty N/A $ 100
Over 18 years to an individual 14-17 years Felony 3 - 5 years N/A
Over 18 years to an individual under 14 years Felony 3 - 7 years N/A

Cultivation

Up to 6 plants No penalty None $ 0
6 plants or more Misdemeanor 6 months $ 500

Hash & Concentrates

Up to 8 g No penalty None $ 0
8 g or more Misdemeanor 6 months $ 500
Unauthorized manufacture N/A 16 months - 3 years $ 500
Chemical manufacture N/A 3 - 7 years $ 50,000

Paraphernalia

Sale, delivery, possession with intent, and manufacture with intent Misdemeanor 15 days - 6 months $ 500
Involving a minor at least 3 years junior Misdemeanor 1 year $ 1,000

Forfeiture

Vehicles and other property may be seized for controlled substance violations.

Miscellaneous

Using a minor in the unlawful sale or transport of marijuana is a Felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a Felony punishable by 3-7 years imprisonment.
Any violation of the California Uniform Controlled Substances Act results in a fine up to $150.
A person who participates in the illegal marketing of marijuana is liable for civil damages.
It is a Misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.
A controlled substance conviction can result in suspension of driving privileges.


Penalty Details



Marijuana is a Schedule I hallucinogenic substance under the California Uniform Controlled Substances Act.

See
•California Health & Safety Code § 11054(d)(13) Web Search

Possession for Personal Use

Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. The law took effect on November 9, 2016. Read more »

See
• Control, Regulate and Tax Adult Use of Marijuana Act ("the Adult Use of Marijuana Act)

Possession of more than 28.5 grams is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $500. If the amount possessed is 28.5 grams or less but the person is 18 years of age or older and the possession occurred on school grounds, the person is guilty of a misdemeanor punishable by up to 10 days imprisonment and/or a fine up to $500. If the offender was younger than 18 years of age, then the offense is a misdemeanor punishable by a fine up to $250 for the first offense and a fine up to $500 or commitment to a detention center for up to 10 days.

See
•California Health & Safety Code § 11357 Web Search

Possession with Intent to Distribute

Possession with intent to distribute more than one ounce of marijuana is a misdemeanor punishable by 6 months imprisonment and a fine of $500.

See
•California Health & Safety Code § 11359 Web Search
•California Penal Code § 1170(h) Web Search

Sale/Delivery

Monetary transactions involving the sale or delivery of any amount of marijuana by someone who does not possess a state licensed permit is a misdemeanor punishable by up to six months in jail and a $500 fine. However, gifting marijuana in quantities up to one ounce for no remuneration is legal.

See
•California Health & Safety Code § 11360 Web Search

Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is 14-17 years old is a felony punishable by 3-5 years imprisonment. Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is under the age of 14 is a felony punishable by 3-7 years imprisonment. Sale or attempted sale of any amount of marijuana by an individual aged 18 years or older to an individual under 18 years of age is a felony punishable by 3-7 years imprisonment.

See
•California Health & Safety Code § 11361 Web Search

Cultivation

Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants). The law took effect on November 9, 2016. Read more »

See
• Control, Regulate and Tax Adult Use of Marijuana Act ("the Adult Use of Marijuana Act)
•California Health & Safety Code § 11358 Web Search
•California Penal Code § 1170(h) Web Search

Hash & Concentrates

In California, hashish or concentrates are referred to as "concentrated cannabis". Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to possess up to eight grams of concentrates. The law took effect on November 9, 2016. Read more »

See
• Control, Regulate and Tax Adult Use of Marijuana Act ("the Adult Use of Marijuana Act)
• California Health & Safety Code §11006.5 Web Search
• California Health & Safety Code §11357(a) Web Search

The penalties associated with the manufacture of hashish or concentrates depends on what method was used during the manufacture. If the manufacturing process involved extraction chemicals, such as butane, then it is considered manufacture by means of chemical synthesis of a controlled substance. Manufacture by means of chemical synthesis of a controlled substance carries a fine no greater than $50,000 and a term of imprisonment of 3, 5, or 7 years as determined by the court. If the manufacturing process utilized screens, presses, or any other means not involving a chemical synthesis, then the offense is considered unauthorized processing of marijuana. Unauthorized processing of marijuana carries a term of imprisonment 16 months, 2 years, or three years as determined by the court.

See
• California Health & Safety Code §11379.6(a) Web Search
• California Health & Safety Code §11358 Web Search
• California Penal Code §1170(h) Web Search
• People v. Bergen, 166 Cal.App.4th 161 (2008) Web Search

Apart from the provisions mentioned, concentrated cannabis is included within the definition of marijuana for all other offenses, such as intent to sell, providing to a minor, etc. For information concerning those offenses, check the California marijuana laws section of this website.

See
•California Health & Safety Code §11018 Web Search

Paraphernalia

There is no penalty for the simple possession of marijuana paraphernalia. Sale, delivery, possession with intent to sell or deliver, and manufacture with intent to sell or deliver marijuana paraphernalia is a misdemeanor punishable by 15-180 days imprisonment and/or a fine of $30-$500. Delivery of marijuana paraphernalia by an individual aged 18 years or older to a minor at least 3 years his junior is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.

See
•California Health & Safety Code § 11364.7 Web Search
•California Health & Safety Code § 11374 Web Search

Sentencing

Possession for personal use, using or being under the influence of marijuana, presence in a room where a marijuana violation occurs, or cultivation of marijuana if the amount is for personal use are offenses that are eligible for deferred entry of judgment if certain conditions are met. These include: no prior convictions for controlled substances violations; the offense charged did not involve violence; there is no evidence that narcotics or restricted dangerous drugs were involved; the offender has never had probation or parole revoked; the offender has not completed this deferred entry within 5 years of the time of the charged offense; and the offender has no felony convictions within 5 years of the time of the charged offense.

See
•California Penal Code § 1000 Web Search

Probation may be available for marijuana offenses. As a condition of probation for controlled substances violations, offenders must participate in education or treatment if the court determines that it will benefit the offender. Sentences for many violations may not be eligible for probation or suspension if the offender has been previously convicted of a felony offense involving a controlled substance.

See
•California Health & Safety Code § 11370 Web Search
• Cal. Health & Safety Code § 11373 Web Search
•California Penal Code § 1203.1 Web Search

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Upon conviction for sale, possession with intent to distribute, or cultivation of marijuana, the seized property becomes the property of the state. If law enforcement seizes property which it does not intend to use as evidence and the seizing agency does not refer the case to the Attorney General for forfeiture proceedings within 15 days, the property must be returned. If the Attorney General intends to pursue a forfeiture proceeding, then a person claiming interest in the property has 30 days from actual notice or publication of notice of the proceedings to respond.

See
•California Health & Safety Code §§ 11469-11495 Web Search

Miscellaneous

Involvement of a minor in a drug offense

Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.

See
•California Health & Safety Code § 11361 Web Search

Drug program fee

Any violation of the California Uniform Controlled Substances Act results in a fine up to $150 in addition to the authorized fine for the offense.

See
•California Health & Safety Code § 11372.7 Web Search

Drug Dealer Liability Act

A person who participates in the illegal marketing of marijuana is liable for civil damages caused by these actions.

See
•California Health & Safety Code §§ 11700-11717 Web Search

Loitering for drug activities

It is a misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.

See
•California Health & Safety Code §§ 11530-11538 Web Search

Suspension of Driving Privileges

A controlled substance conviction can result in suspension of driving privileges for up to 3 years if the use of a motor vehicle was used in or incidental to the offense. For each drug-related conviction that a person 13-20 years old may receive, their driving privileges are suspended for 1 year, but if the person does not yet have the privilege to drive, suspension will begin at the time the person becomes legally eligible to drive.

See
•California Vehicle. Code § 13202 Web Search
•California Vehicle. Code § 13202.5 Web Search




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.

Hemp

This state has an active hemp industry or has authorized research. 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. For more information see NORML's Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

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.


NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Fri 11th May 2018 03:34 pm

Massachusetts Laws & Penalties





Offense Penalty Incarceration Max. Fine

Possession


Personal Use

Up to 1 oz No Penalty None $ 0
Up to 10 oz in the home** No Penalty None $ 0
More than 1 oz (first offense) Misdemeanor 6 months $ 500
More than 1 oz (subsequent offense) Misdemeanor 2 years $ 2,000
**The law provides different limits for marijuana possessed in the home.

With intent to distribute

Less than 50 lbs (first offense) Not Classified 0 - 2 years $ 5,000
Less than 50 lbs (subsequent offense) Not Classified 1 - 2.5 years $ 10,000
50 - less than 100 lbs Felony 1* - 15 years $ 10,000
100 - less than 2000 lbs Felony 2* - 15 years $ 25,000
2000 - less than 10,000 lbs Felony 3.5* - 15 years $ 50,000
10,000 lbs or more Felony 8* - 15 years $ 200,000
Within 300 feet of a school, or within 100 feet of a public park Felony 2* - 15 years $ 10,000
Causing or inducing someone under 18 years to commit offenses Felony 5* - 15 years $ 100,000
* Mandatory minimum sentence

Cultivation

Up to 6 plants No Penalty None $ 0

Distribution

Less than 50 lbs (first offense) Not Classified 0 - 2 years $ 5,000
Less than 50 lbs (subsequent offense) Not Classified 1 - 2.5 years $ 10,000
50 - less than 100 lbs Felony 1* - 15 years $ 10,000
100 - less than 2000 lbs Felony 2* - 15 years $ 25,000
2000 - less than 10,000 lbs Felony 3.5* - 15 years $ 50,000
10,000 lbs or more Felony 8* - 15 years $ 200,000
Within 300 feet of a school, or within 100 feet of a public park Felony 2* - 15 years $ 10,000
Causing or inducing someone under 18 years to commit offenses Felony 5* - 15 years $ 100,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of up to 5 g No Penalty None $ 0
Possession of 5 g to 1 oz Civil Offense N/A $ 100
Possession of more than 1 oz N/A 1 year $ 1,000
Manufacture or distribution N/A 2.5 - 5 years $ 5,000
Manufacture or distribution to a minor N/A 2 - 15 years $ 25,000
Using a minor to manufacture or distribute N/A 5* - 15 years $ 100,000
* Mandatory minimum sentence

Paraphernalia

Selling, possessing, or purchasing paraphernalia No Penalty None $ 0
Selling to someone under 18 years of age Felony 3 - 5 years $ 5,000

Forfeiture

Marijuana, vehicles, and money are subject to forfeiture.

Miscellaneous

Conspiracy to commit any marijuana related offense is punishable by up to the maximum punishment.
Possession of 1 oz or less cannot result in the suspension of driving privileges.


Penalty Details



Marijuana is a class D controlled substance under the Massachusetts Controlled Substances Act.

See
•Mass. Gen. Laws. ch. 94C, § 31 Web Search

Possession for Personal Use

An adult may possess up to one ounce of marijuana; up to 5 grams of marijuana may be marijuana concentrate.

Within a primary residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana plants cultivated on the premises.

An adult who possesses more than one ounce of marijuana or marijuana products must secure the products with a lock.

See
•Mass. Gen. Laws. ch. 94G, § 7 Web Search
•Mass. Gen. Laws. ch. 94G § 13(b) Web Search

Possession of more than one ounce of marijuana is punishable by a fine of $500 and/or imprisonment of up to 6 months. However, first offenders of the controlled substances act will be placed on probation and all official records relating to the conviction will be sealed upon successful completion of probation. Subsequent offenses may result in a fine of $2000 and/or imprisonment of up to 2 years. Individuals previously convicted of felonies under the controlled substances act who are arrested with over an ounce of marijuana may be subject to a fine of $2000 and/or up to 2 years of imprisonment.

See
•Mass. Gen. Laws. ch. 94C, § 34 Web Search

Possession with Intent to Distribute

For first offenders, possessing less than 50 pounds of marijuana with the intent to manufacture, distribute, dispense or cultivate is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment of 1-2.5 years.

See
•Mass. Gen. Laws, ch. 94C, § 32C Web Search

Possessing 50 - less than 100 pounds of marijuana with intent to distribute is a felony punishable by a fine of $500-$10000 and imprisonment for 2.5-15 years. There is a mandatory minimum sentence of 1 year for this offense.

Possessing 100 - less than 2000 pounds if marijuana with intent to distribute is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 2-15 years. There is a mandatory minimum term of 2 years imprisonment.

Possessing 2,000 - less than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000 and imprisonment for 3 ½ - 15 years. There is a mandatory minimum term of 3 ½ years imprisonment.

Possessing 10,000 pounds or more of marijuana with intent to distribute is a felony punishable by a fine of $20,000-$200,000 and imprisonment of 8-15 years. There is a mandatory minimum term of 8 years of imprisonment for this offense.

See
•Mass. Gen. Laws. ch. 94C, § 32E Web Search
If any of the above offenses are committed within 300 feet of a school and if the violation occurs between 5:00 a.m. and midnight, whether or not in session, or within 100 feet of a public park that offense is punishable by a fine of $1,000-$10,000 and imprisonment for 2 - 15 years. This offense has a mandatory minimum term of 2 years of imprisonment.
See
•Mass. Gen. Laws. ch. 94C, § 32J Web Search

Causing or inducing someone under 18 to commit any of the above offenses is punishable by a fine of $1,000-$100,000 and imprisonment for 5 - 15 years. This offense has a mandatory minimum term of 5 years of imprisonment.

See
•Mass. Gen. Laws. ch. 94C, § 32K Web Search

Cultivation

An adult may grow six marijuana plants at the adult's primary residence with a limit of a total of twelve plants at the residence.

An adult may not grow marijuana plants where the plants "are visible from a public place." A violation of this section is punishable as a civil offense with a penalty not to exceed $300 and forfeiture of the marijuana.

See
•Mass. Gen. Laws. ch. 94G, § 7 Web Search
•Mass. Gen. Laws. ch. 94G, § 13 Web Search

Distribution

For first offenders, selling less than 50 pounds of marijuana is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment for 1 - 2.5 years.

See
•Mass. Gen. Laws. ch. 94C, § 32C Web Search

Selling or cultivating 50 - less than 100 pounds of marijuana is a felony punishable by a fine of $500-$10,000 and imprisonment for 1 - 15 years. There is a mandatory minimum term of 1 year for this offense.

Selling or cultivating 100 - less than 2000 pounds of marijuana is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 2 - 15 years. There is a mandatory minimum term of 2 years imprisonment.

Selling or cultivating 2,000 - less than 10,000 pounds of marijuana with is a felony punishable by a fine of $5,000-$50,000 and is punishable by imprisonment for 3 ½ - 15 years. There is a mandatory minimum term of 3 ½ years imprisonment.

Selling or cultivating 10,000 pounds or more of marijuana with intent to distribute is a felony punishable by a fine of $20,000-$200,000 and imprisonment for 8 - 15 years. There is a mandatory minimum term of 8 years imprisonment.

See
•Mass. Gen. Laws. ch. 94C, § 32E Web Search

If any of these offenses are committed within 300 feet of a school and if the violation occurs between 5:00 a.m. and midnight, whether or not in session, or within 100 feet of a public park, that offense is punishable by a fine of $1,000-$10,000 and imprisonment for 2 - 15 years. This offense has a mandatory minimum term of 2 years imprisonment.

See
•Mass. Gen. Laws. ch. 94C, § 32J Web Search

Causing or inducing someone under 18 to commit any of the above offenses is punishable by a fine of $1,000-$100,000 and imprisonment for 5-15 years. This offense has a mandatory minimum term of 5 years of imprisonment.

See
•Mass. Gen. Laws. ch. 94C, § 32K Web Search

Hash & Concentrates

An adult may possess up to five grams of marijuana concentrate.

See
•Mass. Gen. Laws. ch. 94G, § 7 Web Search

Massachusetts statute defines Marihuana as including the resin extracted from the Cannabis plant and any derivatives or compounds thereof. The statute also defines Tetrahydrocannabinol separately as any compound that contains Tetrahydrocannabinol that is not itself Marihuana. The Massachusetts Controlled Substances Schedule classifies Marihuana as a Class D drug whereas Tetrahydrocannabinol as a Class C drug. Case law indicates that Hashish and Concentrates are meant to be prosecuted as Tetrahydrocannabinol, using the penalties for Class C drugs.

Massachusetts defines marijuana products to include concentrates, edible products, beverages, topical products, ointments, oils and tinctures.

See
• Mass. Gen. Laws. ch. 94C, §1 Web Search
• Mass. Gen. Laws. ch. 94C, §31 Web Search
• Commonwealth v. Weeks, 431 N.E.2d 586 (Mass. App. Ct. 1982). Web Search
•Mass. Gen. Laws. ch. 94G, §5 Web Search

The Massachusetts decriminalization law explicitly reduced penalties for the possession of less than one ounce of either Tetrahydrocannabinols or Marijuana, though it does not modify any other penalties relating to Hashish.

Possession of one ounce or less of hashish is decriminalized and is punishable as a civil offense. If the offender is over the age of 18 they must pay a fine of $100. Offenders under the age of 18 must pay a $100 fine and must attend a drug awareness program. Possession of less than an ounce of hashish cannot result in denial of public financial assistance or the right to a driver's license.

See
•Mass. Gen. Laws ch. 94C §32L, 32M Web Search

Possession of any amount of Hashish greater than one ounce is subject to no more than one year's imprisonment and a fine of no greater than $1000. Diversionary probation is available for first time offenders.

See
• Mass. Gen Laws. ch. 94C §34 Web Search

Manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense Hashish is punishable by up to five years imprisonment in a state prison or two and one half years in a jail or house of correction, as well as a fine of between $500 - $5000.

Engaging in any of the above conduct when one has at least one prior conviction for a similar drug crime is punishable by up to ten years in a state prison or two and one half years in a jail or house of correction, as well as a fine of between $1,000 - $10,000. This crime is subject to a mandatory minimum of two years imprisonment.

See
•Mass. Gen. Laws ch 94C §32B Web Search

The manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense Hashish to a minor under eighteen years is punishable by up to fifteen years imprisonment in a state prison or two and one half years in a jail or house of correction, as well as a fine of between $1,000 - $25,000. There is a mandatory minimum sentence of two years imprisonment.

See
•Mass Gen Laws. ch. 94C § 32F Web Search

If a police officer finds a child under seventeen years old in a place where Hashish, or what the officer reasonable believes is Hashish, is present, the police officer may lawfully take the child into protective custody for a period not to exceed four hours.

See
•Mass Gen Laws. ch. 94C § 36 Web Search

Using or inducing a minor to manufacture, dispense, distribute, or possess with intent to manufacture, dispense, or distribute Hashish is punishable by up to fifteen years imprisonment in the state prison and a fine of no more than $100,000. This offense carries a mandatory minimum sentence of five years.

See
•Mass Gen. Laws ch. 94C §32K Web Search

Paraphernalia

An adult may buy and use marijuana paraphernalia.

See
•Mass Gen. Laws ch. 94G §8 Web Search

Selling marijuana paraphernalia to someone under 18 years of age is a felony and is punishable by a fine of $1,000-$5,000 and/or 3-5 years of imprisonment.

See
•Mass. Gen. Laws. ch. 94C, § 32I(b) Web Search

Forfeiture

All marijuana is subject to forfeiture, even in amounts under an ounce which is decriminalized in the state.

See
•Mass. Gen. Laws. ch. 94C, § 47(a)(1) Web Search

Vehicles are subject to forfeiture if they are used to distribute marijuana or possess marijuana that a person intends to distribute.

See
•Mass. Gen. Laws. ch. 94C, § 47(a)(3) Web Search

All money or proceeds that can be traced to a sale of marijuana are subject to forfeiture.

See
•Mass. Gen. Laws. ch. 94C, § 47(a)(5) Web Search

Miscellaneous

Conspiracy

Conspiring with another person to commit any marijuana related offense is punishable by up to the maximum punishment for the crime which was the object of the conspiracy.

See
•Mass. Gen. Laws. ch. 94C, § 40 Web Search

Driving Under the Influence

Failure to pass a sobriety test can result in a fine and/or imprisonment. Massachusetts does not test for THC in blood,urine, or hair when deciding if an individual has been driving while intoxicated.

Driver's License Suspension

Simple possession of one ounce or less of pot cannot result in the suspension of driving privileges.

See
•Mass. Gen. Laws. ch. 94C, § 32L Web Search




Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Legalization

This state has legalized marijuana for personal use.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

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: Medical Use.



NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Fri 11th May 2018 03:37 pm

Maine Laws & Penalties


Offense Penalty Incarceration Max. Fine

Possession

2.5 oz or less No penalty None $ 0
More than 2.5 - 8 oz Crime 6 months $ 1,000
More than 8 oz - 1 lb Crime 1 year $ 2,000
More than 1 - 20 lbs Crime 5 years $ 5,000
More than 20 lbs Crime 10 years $ 20,000
Public use of marijuana is a civil infraction punishable by a $100 fine.
Possession of a "usable amount" with proof of a physician's recommendation is not punishable.

Sale or Distribution

1 lb or less Crime 1 year $ 2,000
More than 1 – less than 20 lbs Crime 5 years $ 5,000
20 lbs or more Crime 10 years $ 20,000
To a minor or within 1000 feet of a school or school bus Crime 5 years $ 5,000

Cultivation

3 plants or less No penalty None $ 0
More than 3 - less than 100 plants Crime 1 year $ 2,000
100 - less than 500 plants Crime 5 years $ 5,000
500 plants or more Crime 10 years $ 20,000

Hash & Concentrates

Up to 5 g No penalty None $ 0
More than 5 g Crime 1 year $ 2,000
Trafficking Crime 5 years $ 5,000
Trafficking (prior conviction, use of minor, other) Crime 10 years $ 20,000

Paraphernalia

Possession of paraphernalia No penalty None $ 0
Sale of paraphernalia Crime 6 months $ 1,000
Sale to a minor younger than 16 years of age Crime 1 year $ 2,000

Miscellaneous

Driver's license restriction will be imposed for aggravated furnishing any amount of pot or hash.


Penalty Details



Marijuana is a schedule Z drug.

Possession

An adult may possess up to 2.5 ounces of marijuana or up to 2.5 ounces of marijuana and marijuana concentrate including no more than 5 grams of marijuana concentrate.

An adult may cultivate up to 3 flowering marijuana plants, 12 immature plants and unlimited seedlings. An adult may possess all of the marijuana produced by the plants.

An adult may only consume marijuana in a private residence or on private property.

An adult who is not a medical use patient may not possess edible retail marijuana products until February 1, 2018.

An adult who violates these laws has committed a civil violation and may be fined up to $100.

See
•Tit.7 Sec. 2452(1) of the Maine Revised Statutes Web Search
•Tit.7 Sec. 2452(1) of the Maine Revised Statutes Web Search
•Tit.7 Sec. 2452(6) of the Maine Revised Statutes Web Search
•Tit.7 Sec. 2452(7) of the Maine Revised Statutes Web Search
•Tit.7 Sec. 2452(6) of the Maine Revised Statutes Web Search

Possession of a "usable amount" with proof of a physician's recommendation is not punishable.

Possession of between 2.5-8 oz. is a Class E crime punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

Possession of between 8-16 oz. is a Class D crime punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Possession of between 1-20 lbs. is a Class C crime punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of over 20 lbs. is a Class B crime punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

See
• 22 Section 2382 of the Maine Revised Statutes Web Search
•22 Section 2383 of the Maine Revised Statutes Web Search
•Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1107-A of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Sale or Distribution

The sale of 1 lb. or less is a Class D crime punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

The sale of more than 1 - less than 20 lbs. is a Class C crime punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale of 20 lbs. or more is a Class B crime punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.

Sale to a minor or within 1,000 feet of a school or school bus is a felony punishable by a maximum sentence of 5 years imprisonment and a $5,000 fine.

See
• Tit. 17A Section 1101 of the Maine Revised Statutes Web Search
•Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
•Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search

Cultivation

An adult may cultivate up to 3 flowering marijuana plants, 12 immature plants and unlimited seedlings. An adult may possess all of the marijuana produced by the plants.

See
•Tit. 7 Sec. 2452, sub.1 of the Maine Revised Statutes Web Search

Cultivation of 6-99 plants is a Class D crime punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Cultivation of 100-499 plants is a Class C crime punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Cultivation of 500 or more plants is a Class B crime punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.

See
• Title 17A Section 1117 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search
•Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Hash & Concentrates

The definition of Marijuana in the Maine criminal statute is written explicitly not to cover Hashish or Marijuana Concentrates. The statute defines Hashish separately as the resin extracted from the Cannabis plant including any derivative, mixture, or compound of the resin, effectively including all Concentrates. Hashish is classified in Schedule X of the Maine Controlled Substances Schedule.

The Marijuana Legalization Act defines marijuana concentrate as the resin extracted from the cannabis plant including any derivative, mixture or compound including hashish.

See
• Tit. 17A Section 1101(1), (5) of the Maine Revised Statutes Web Search
• Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
•Tit. 7 Sec. 2442( 22-A) of the Maine Revised Statutes Web Search

Possession of up to 5 grams of marijuana concentrate is legal with no penalty, no incarceration and no fine. Use of marijuana in public will result in a $100 civil infraction.

See
•Tit. 7 Sec. 2452(1) of the Revised Statutes Web Search

Trafficking any amount of Hashish is a Class C Crime, subject to 5 years incarceration and a fine of no more than $5000.

See
•Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Using a minor child to traffic any amount of Hashish is a Class B Crime, subject to 10 years incarceration and a fine of no more than $20,000.

Trafficking any amount of Hashish when you have at least one prior conviction for a similar drug crime is a Class B Crime, subject to 10 years incarceration and a fine of no more than $20,000.

Use or possession of a firearm when trafficking any amount of Hashish is a Class B crime, subject to 10 years incarceration and a fine of no more than $20,000.

Trafficking any amount of Hashish while within 1000 feet from a school or other designated safe zone is a Class B crime, subject to 10 years incarceration and a fine of no more than $20,000.

Soliciting with, conspiring with, or enlisting the assistance of a minor child in trafficking any amount of hashish is a Class B crime, subject to 10 years incarceration and a fine of no more than $20,000.

Using a motor vehicle to traffic in scheduled drugs in Maine may result in a driver's license being revoked for up to 5 years.

See
•Tit. 17A Section 1105-A of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Furnishing any amount of Hashish to a minor child is a Class C crime, subject to 5 years incarceration and a fine of no more than $5000.

Furnishing any amount of Hashish when you have at least one prior conviction for a similar drug crime is a Class C crime, subject to 5 years imprisonment and a fine of no more than $5000.

Use or possession of a firearm while furnishing any amount of Hashish is a Class C crime, subject to 5 years imprisonment and a fine of no more than $5000.

Furnishing any amount of Hashish on a school bus or within 1000 feet of a school or other designated safe zone is a Class C crime, subject to 5 years incarceration and a fine of no more than $5000.

Soliciting with, conspiring with, or enlisting the assistance of a minor child in furnishing any amount of Hashish is a Class C crime subject to 5 years imprisonment, and a fine of no more than $5000.

Using a motor vehicle to furnish any amount of Hashish may result in your driver's license being revoked for up to 5 years.

See
•Tit. 17A Section 1105-C of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Furnishing any amount of Hashish is a Class D crime subject to 1 year's imprisonment and a fine not to exceed $2000.

See
•Tit. 17A Section 1106 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Possessing any amount of Hashish is a Class D crime subject to 1 year's imprisonment and a fine not to exceed $2000.

See
•Tit. 17A Section 1107-A of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Importing any amount of Hashish into Maine from another state or country is a Class D crime subject to 1 year's imprisonment and a fine not exceeding $2000.

See
• Tit. 17A Section 1118 of the Maine Revised Statutes Web Search
• Tit. 17A Section 1252 of the Maine Revised Statutes Web Search
• Tit. 17A Section 1301 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Paraphernalia

An adult may possess marijuana paraphernalia.

See
•Tit. 7 Sec. 2452(1) of the Maine Revised Statutes Web Search

The sale of paraphernalia is a person at least 16 years old is A Class E crime misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

The sale of paraphernalia to a person less than 16 years old is a Class D crime misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See
•Tit. 7 Sec. 2452( 1) of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
•Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Miscellaneous

Will impose a license restriction for the aggravated trafficking of over 1 pound of marijuana if a vehicle is used in doing so. Aggravated is met by using a minor in the trafficking, or having a prior drug record in Maine or another state (but the amount of pot must be over 1 pound) or possession of a firearm at the time of the offense. They will also deprive of a license for aggravated furnishing any amount of pot or hash, aggravation based on the same as above.

See
•Title 17-A, Sec. 1105-A(2) Web Search
•Title 17-A, Sec. 1105-C(2) Web Search




Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. 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. For more information see NORML's Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

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: Medical Use.



NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Fri 11th May 2018 03:40 pm

Vermont Laws & Penalties


Offense Penalty Incarceration Max. Fine

Possession

1 oz or less (first offense)* Civil Violation None $ 200
1 oz or less (second offense)* Civil Violation None $ 300
1 oz or less (subsequent offense)* Civil Violation None $ 500
1 - 2 oz (first offense) Misdemeanor 6 months $ 500
1 - 2 oz (subsequent offense) Misdemeanor 2 years $ 2,000
2 oz - 1 lb Felony 3 years $ 10,000
1 - 10 lbs Felony 5 years $ 100,000
10 lbs or more Felony 15 years $ 500,000
* By persons 21 years of age or older.
As of July 1, 2018, adult possession of up to one ounce is no longer punishable by a civil penalty.

Sale

Less than 1/2 oz Misdemeanor 2 years $ 10,000
1/2 oz - 1 lb Felony 5 years $ 100,000
1 - 50 lbs Felony 15 years $ 500,000
More than 50 lbs Felony 30 years $ 1,000,000
To a minor Felony 5 years $ 25,000

Cultivation

1 - 2 plants (first offense) Misdemeanor 6 months $ 500
1 - 2 plants (subsequent offense) Misdemeanor 2 years $ 2,000
3 - 10 plants Felony 3 years $ 10,000
11 - 25 plants Felony 5 years $ 100,000
More than 25 plants Felony 15 years $ 500,000

Hash & Concentrates

5 grams or less (first offense)* Civil Violation None $ 200
5 grams or less (subsequent offense)* Civil Violation None $ 500
more than 5 grams (first offense) Misdemeanor 6 months $ 500
more than 5 grams (subsequent offense) Misdemeanor 2 years $ 2,000
* By persons 21 years of age or older.
Penalties for hashish are similar to marijuana penalties. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia* Civil Violation None $ 200
Sale of paraphernalia Misdemeanor 1 year $ 1,000
To a minor Misdemeanor 2 years $ 2,000
* By persons 21 years of age or older.


Penalty Details



Possession

Possession of one ounce or less of marijuana by a person 21 years of age older, is punishable with a civil violation not a criminal offense. (As of July 1, 2018, adult possession of up to one ounce is no longer punishable by a civil penalty.)

Possession of 1 - 2 ounce is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $500.*


* There is a possible deferred sentence for first-time offenders.

A subsequent conviction for possession of 1 - 2 ounce is a misdemeanor punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $2,000.

Possession of 2 ounce-1 pound is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $3,000.

Possession of 1 pound-10 pounds is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000.

Possession of more than 10 pounds is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.

See
•Vt. Stat. Ann. tit. 18 § 4230 (2015) Web Search

Sale

The sale or delivery of less than 1/2 ounce is a misdemeanor punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $10,000, or both.

The sale or delivery of 1/2 ounce - 1 pound is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000, or both.

The sale or delivery of 1 pound - 50 pounds is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.

The sale or delivery of more than 50 pounds is presumed to be trafficking and is punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.

The sale or delivery to a minor is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $25,000.

See
• Vt. Stat. Ann. tit. 18 § 4230 (2015) Web Search

Cultivation

Cultivation of 1-2 plants is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $500 for the first offense. A subsequent offense increases incarceration to a maximum sentence of 2 years and a maximum fine of $2000. (As of July 1, 2018, adult cultivation in private of up to six marijuana plants (two mature and up to four immature) is no longer punishable by a criminal or civil penaltiy. Those who cultivate marijuana for their own personal use may possess at home the total quantity of their harvest.)

Cultivation of 3-10 plants is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $10,000.

Cultivation of 11-25 plants is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $100,000.

Cultivation of more than 25 plants is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000.

See
• Vt. Stat. Ann. tit. 18 § 4230 (2015) Web Search

Hash & Concentrates

The law decriminalizes possession of 5 grams or less of hashish by a person 21 years of age or older. Civil fines are no more than $200 first offense, no more than $300 second offense, no more than $500 third or subsequent offense. Possession of more than 5 grams of hashish is a misdemeanor punishable by 6 months imprisonment and a maximum fine of $500 for a first offense. A subsequent offense increases incarceration to a maximum sentence of 2 years and a maximum fine of $2000.

Vermont classifies hashish and concentrates as marijuana. For more information regarding penalties associated with hashish or concentrates see the section for Vermont laws on marijuana.

See
•Vt. Stat. Ann. tit. 18 § 4201 (2015) Web Search

Paraphernalia

The possession of marijuana paraphernalia by a person 21 years of age or older is punishable by a civil fine only -- no arrest, no jail time, and no criminal record. Civil fines are no more than $200 first offense, no more than $300 second offense, no more than $500 third or subsequent offense.

The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of paraphernalia to a minor is punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $2,000.

See
• Vt. Stat. Ann. tit. 18 § 4476 (2015) Web Search




Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. 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. For more information see NORML's Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

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: Medical Use.



NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Fri 11th May 2018 03:43 pm

District of Columbia Laws & Penalties



Offense Penalty Incarceration Max. Fine

Possession

2 oz or less* None None $ 0
6 plants or less* None None $ 0
More than 2 oz Misdemeanor 6 months $ 1,000
*Initiative 71, which took effect on 2/26/15, permits adults 21 years of age or older to possess up to two ounces of marijuana in one's primary residence without penalty. Transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older is also permitted. Provided that all persons residing within a single house or single rental unit may not grow more than twelve cannabis plants, with six or fewer being mature, flowering plants.

Sale, Distribution, Intent to Distribute, and Cultivation

6 plants or less* None None $ 0
1/2 lb or less(first offense) Not Classified 6 months $ 1,000
Subsequent offense Not Classified 2 years $ 5,000
Any amount Not Classified 5 years $ 50,000
*Initiative 71, which took effect on 2/26/15, permits adults 21 years of age or older to cultivate no more than six plants (with three or fewer mature at any one time) in one's primary residence without penalty. Provided that all persons residing within a single house or single rental unit may not grow more than twelve cannabis plants, with six or fewer being mature, flowering plants.
Involving a minor by a person over 21 brings additional penalty and/or fine.
Within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing may bring a doubled penalty.

Hash & Concentrates

Possession N/A 180 days $ 1,000
Manufacture N/A 5 years $ 50,000

Paraphernalia

Possession or sale of paraphernalia 21 years and up None None $ 0
Possession of paraphernalia under 21 years None 30 days $ 100
Sale of paraphernalia None 6 months $ 1,000
Sale of paraphernalia subsequent offense None 2 years $ 5,000

Forfeiture

All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized.


Penalty Details



Possession

Adults 21 years of age or older may possess up to two ounces of marijuana and cultivate no more than six plants (with three or fewer mature at any one time) in their primary residence without penalty. Transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older is also permitted.

See
•Ballot Initiative 71 Web Search

Unless marijuana was obtained through a doctor's recommendation, intentional or knowing possession of more than two ounces of marijuana is a misdemeanor with a penalty of incarceration of up to 6 months and a fine of not more than $1,000.

For a first offense: the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. This action does not qualify as a conviction.

See
•D.C. Code § 48-904.01 Web Search

Sale, Distribution, Intent to Distribute, and Cultivation

Adults 21 and older may cultivate up to six marijuana plants (no more than three mature at any one time) in their primary residence without penalty. Not-for-profit transactions involving small amounts of the substance are also permitted.

See
•Ballot Initiative 71 Web Search

An offender who been convicted of distribution, manufacture, or possession with intent to distribute may be imprisoned for not more than 5 years, fined not more than $50,000, or both. For a first conviction, and offender with no prior convictions for distribution, manufacture, or possession with intent to distribute, and who was caught with ½ pounds or less of marijuana, may be imprisoned for not more than 6 months or fined not more than $1000 or both.

For a first offense: the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe.

See
• D.C. Code § 48-904.01 Web Search

Distribution to a minor by a person over 21 brings a doubled penalty.

See
• § 48-904.06 (b) Web Search

The enlistment of a minor to distribute a controlled substance by one who is over 21 can be punished with up to 10 years in prison and a $10,000 fine. For a second offense, an offender can be imprisoned for no longer than 20 years and fined not more than $20,000.

See
•D.C. Code §48-904.07 (b) Web Search

Distributing or possessing with the intent to distribute within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing may bring a doubled penalty.

See
• D.C. Code §48-904.07a Web Search

If a violation occurs after the person has been convicted the person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.

See
•Ballot Initiative 71 Web Search

Hash & Concentrates

Hashish is a Schedule II drug in Washington D.C.

See
•D.C. Code § 48-902.06(F) Web Search

Possession of hashish is punishable upon conviction with imprisonment for not more than 180 days and a fine of not more than $1,000.

See
•D.C. Code § 48-904.01(d)(1) Web Search

Manufacturing or selling hashish is punishable, upon conviction, with imprisonment for not more than 5 years and a fine of not more than $50,000.

See
•D.C. Code § 48-904.01(a) Web Search

Conditional Release for 1st time offenders is available, and record expungement occurs, by request, after successful completion of the program.

See
•D.C. Code § 48-904.01(e)(1) Web Search

Hash pipes, sifters, and bubble bags are paraphernalia in Washington D.C., and conviction for possession of such will lead to imprisonment for not more than 30 days and a fine for not more than $100.

See
• D.C. Code § 48-1101(3) Web Search
• D.C. Code § 48-1103(a) Web Search

Paraphernalia

Paraphernalia possession or sale, for any person 21 years of age or older, is permitted for the use, growing, or processing of marijuana or cannabis. Any person in violation of possession laws shall be imprisoned for not more than 30 days or fined for not more than $100, or both. Any person in violation of selling laws shall be imprisoned for not more than 6 months or fined for not more than $1,000, or both. For a subsequent violation a person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.

See
•Ballot Initiative 71 Web Search

Forfeiture

The following are subject to forfeiture:
1. All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter;
2. All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, or delivering any controlled substance in violation of this chapter;
3. All property which is used, or intended for use, as a container for said controlled substances;
4. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of said controlled substances;
5. All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of drug laws;
6. All cash or currency which has been used, or intended for use, in violation of drug laws;
7. Everything of value furnished or intended to be furnished in exchange for a controlled substance ; and
8. Any real property that is used or intended to be used in any manner to commit or facilitate the commission of a violation of drug laws.

See
• D.C. Code §48-905.02 Web Search




Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Legalization

This state has legalized marijuana for personal use.

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: Medical Use.



NORML

User avatar
notsofasteddie
Posts: 5977
Joined: Fri 1st Jul 2011 07:05 pm
Location: S.E. USA

Re: Legal Status

Post by notsofasteddie » Sun 9th Dec 2018 08:22 pm

Michigan Laws & Penalties


Penalty Details



Possession

**Fifty-six percent of Michigan voters approved Proposal 1, which permits adults to legally grow (up to 12 plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to 2.5 ounces of flower and/or up to 15 grams of concentrates) while also licensing commercial cannabis production and retail sales. The new law will take effect 10 days following the certification of the 2018 election results.**

Under Michigan law marijuana is listed as a Schedule I controlled substance.

Possession of any amount is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. A conditional discharge is possible.

Use of marijuana is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $100.

Possession in or within 1,000 feet of a park is either a felony or a misdemeanor, based on the judge's discretion, and is punishable by a maximum of 2 years imprisonment and a maximum fine of $2,000.

See
•Michigan Code Section 333.7212 Web Search
•Michigan Code Section 333.7403(d) Web Search
•Michigan Code Section 333.7404(d) Web Search
•Michigan Code Section 333.7410a Web Search
•Michigan Code Section 333.7411 Web Search

Sale

Sale without remuneration is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of less than 5 kilograms is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The sale of 5 kilograms - less than 45 kilograms is a felony, which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The sale of 45 kilograms or more is a felony, which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

See
• Michigan Code Section 333.7401(2)(d) Web Search
•Michigan Code Section 333.7410 Web Search

Cultivation

**Fifty-six percent of Michigan voters approved Proposal 1, which permits adults to legally grow (up to 12 plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to 2.5 ounces of flower and/or up to 15 grams of concentrates) while also licensing commercial cannabis production and retail sales. The new law will take effect 10 days following the certification of the 2018 election results.**

The cultivation of fewer than 20 plants is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The cultivation of 20 - less than 200 plants is a felony, which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The cultivation of more than 200 plants is a felony, which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

See
•Michigan Code Section 333.7401 Web Search

Hash & Concentrates

In Michigan, marijuana and hashish are punished in the same manner. The statutory definition of "marihuana" includes "all parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin." Hashish, hashish oil, and extracts clearly fall under this definition. Please see the marijuana penalties section for further details on Michigan's criminal sanction on cannabis.

See
• Michigan Code § 333.7106 Web Search
• People v. Campbell, 72 Mich App. 411 (1977). Web Search

Paraphernalia

The sale of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $5,000. Bongs, dugouts, and pipes are exempted from the definition of paraphernalia, however."

See
•Michigan Code § 333.7453(1) Web Search
• Gauthier v. Alpena County Prosecutor, 267 Mich.App. 167, 703 N.W.2d 818 (MI Ct. App. 2005) Web Search

Miscellaneous

Any conviction will result in a driver's license suspension for 6 months.

See
•Michigan Code § 257.319e Web Search

Ann Arbor

In Ann Arbor, the penalty for being caught with marijuana is a $25 fine for the first offense, $50 for the second, and $100 for the third offense. Marijuana is not decriminalized on the University of Michigan's campus.




Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Local Decriminalization

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. 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. For more information see NORML's Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

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: Medical Use.


NORML

courtjester
Posts: 675
Joined: Sun 21st May 2006 02:39 am
Location: Soon...Amsterdam

Re: Legal Status

Post by courtjester » Mon 10th Dec 2018 03:19 am

Michigan users actually can possess 2.5 ounces on their person, but up to 10 ounces in their homes as long as quantities over 2.5 ounces are locked up.

Post Reply

Return to “USA”