Possession
Possession of a half ounce of marijuana or less is a Class A misdemeanor with penalties of up to a year in jail and a fine of up to $2,500. First offenses bring with them a minimum fine of $250. A second offense brings a mandatory fine of at least $500. Third time offenders will be charged with a Class E felony, bringing a punishment of between 1 and 6 years in prison and a mandatory minimum fine of $1,000.
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Sale
The sale or possessing with the intent to distribute between a half ounce of marijuana and 10 lbs. of marijuana is a Class E felony punishable with between 1-6 years of incarceration and a fine of no more than $5,000.
The sale or possessing with the intent to distribute between 10 and 70 lbs. of marijuana is a Class D felony punishable with between 2-12 years of incarceration and a fine of no more than $5,000.
The sale or possessing with the intent to distribute between 70-300 lbs. of marijuana is a Class B felony punishable with between 8-30 years of incarceration and a fine of no more than $200,000.
The sale or possessing with the intent to distribute more than 300 lbs. of marijuana is a Class A felony punishable with between 15-60 years of incarceration and a fine of no more than $500,000.
A first-time felony conviction will receive a minimum fine of at least $2,000. A second felony conviction will bring a minimum fine of at least $3,000. The third and all subsequent felony convictions will bring a fine of at least $5,000, and will be punished at one grade higher.
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Sale to a minor is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.
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Sale to a minor within 1,000 ft. of a school is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.
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Cultivation
Cultivation of 10 plants or less is a Class E felony and can lead to incarceration of between 1 and 6 years, and will bring a maximum fine of $5,000.
Cultivation of between 10 and 19 plants is a Class D felony and can lead to incarceration of between 2 and 12 years, and will bring a maximum fine of $50,000.
Cultivation of between 20 and 99 plants is a Class C felony and can lead to incarceration of between 3 and 15 years, and will bring a maximum fine of $100,000.
Cultivation of between 100 and 499 plants is a Class B felony and can lead to incarceration of between 8 and 30 years, and will bring a maximum fine of $200,000.
Cultivation of 500 or more plants is a Class A felony and can lead to incarceration of between 15 and 60 years, and will bring a maximum fine of $500,000.
First-time felony convictions will receive a mandatory minimum fine of at least $2,000.
Second-time felony convictions will receive a mandatory minimum fine of at least $3,000.
Any repeat felony conviction after the second will receive a mandatory minimum fine of at least $5,000.
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Hash & Concentrates
Hashish and concentrates are schedule VI controlled substances.
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Possession of hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 14.75 grams the offense is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. A second or subsequent conviction is punishable as a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.
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It is a crime to manufacture, deliver, sell, or possess with intent to manufacture, deliver, or sell hashish or concentrates. If the amount of hashish or concentrates is less than 2 pounds, the offense is a Class E felony punishable by a fine no greater than $5,000 and a term of imprisonment no less than 1 year and no greater than 6 years.
If the amount of hashish or concentrates is greater than 2 pounds but less than 4 pounds, the offense is a Class D felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 years and no greater than 12 years.
If the amount of hashish or concentrates is greater than 4 pounds but less than 8 pounds, the offense is a Class C felony punishable by a fine no greater than $100,000 and a term of imprisonment no less than 3 years and no greater than 15 years.
If the amount of hashish or concentrates is greater than 8 pounds but less than 15 pounds, the offense is a Class B felony punishable by a fine no greater than $200,000 and a term of imprisonment no less than 8 years and no greater than 30 years.
If the amount of hashish or concentrates is greater than 15 pounds, the offense is a Class A felony punishable by a fine no greater than $500,000 and a term of imprisonment no less than 15 years and no greater than 60 years.
If the offense occurred within a designated area, then the penalty of that offense is increased by one class, i.e. a Class D felony becomes a Class C felony, a Class B felony becomes a Class A felony, etc. This designated area is anywhere within 1,000 feet of a school, recreation center, public library, child day care facility, or park.
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Any device or equipment used to make or create hashish is considered drug paraphernalia. Using paraphernalia or possessing paraphernalia with the intent to use is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. Possessing or manufacturing with intent to deliver drug paraphernalia is a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.
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Paraphernalia
Possession of paraphernalia is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine of between $150 and $2,500. For a second or subsequent violation, the mandatory minimum fine increases to $250.
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Sale of paraphernalia is a Class E felony and is punishable with 1-6 years of incarceration and a maximum fine of $3,000.
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Miscellaneous
Falsification of Drug Tests
Falsifying a dug test is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine not to exceed $2,500.
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