United States Possession and Sale Laws

ALASKA

Possession:
1 oz or less in your residence or home no penalty
1 oz to 4 oz misdemeanor 90 days $1,000
More than 4 oz, or 25 or more plants felony 5 years $50,000
Any amount within 500 feet of school grounds or rec. center* felony 5 years $50,000
* 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.

Sale or Cultivation:
Sale less than 1 oz misdemeanor 1 year $5,000
1 oz or more felony 5 years $50,000

Miscellaneous: (paraphernalia, license suspensions, drug tax stamps, etc...)
Maintaining any structure or dwelling for
keeping and distributing marijuana felony 5 years $50,000

Details:
Possession of one ounce or less of marijuana in the privacy of the home is legal. The status of possessing an amount between one ounce and four ounces is unclear, pending clarification by the courts. Possession of 4 ounces or more of marijuana is a felony punishable by up to five years in prison and a fine of up to $50,000.

Possession of less than 25 plants is protected under the Alaska Constitution’s right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is “Misconduct involving a controlled substance in the fourth degree” and is punishable by a fine of up to $50,000 or five years in prison.

Any possession within 500 feet of school grounds or a recreation center or possession on any school bus is a felony punishable by up to five years in prison and a fine of up to $50,000.

Sale, delivery or manufactureof marijuana of less than one ounce is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000. For amounts of one ounce or greater, the crime is a felony which can be punished with a sentence of up to five years in prison and a fine of up to $50,000.

It is an affirmative defense to possession, manufacture or delivery that the offender is a patient or caregiver who is registered with the state for medical use of marijuana.

Maintaining any structure or dwelling, including vehicles, to use for keeping and distributing marijuana, is a felony offense and punishable by up to five years in prison and a fine of up to $50,000.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

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.

ALABAMA

Possession:
2.2 lbs or less misdemeanor 0 - 1 year $6,000
2.2 lbs or less (second conviction) felony 1 - 10 years $15,000
More than 2.2 lbs felony 1 - 10 years $15,000

Trafficking:
2.2 to 100 lbs felony 3 years MMS* $25,000
100 to 500 lbs felony 5 years MMS* $50,000
500 to 1000 lbs felony 15 years MMS* $200,000
More than 1000 lbs felony life MMS*
*Mandatory minimum sentence.

Sale:
To minors felony 10 years - life
Within 3 miles of a school felony 5 years**
Within 3 miles of a public housing project felony 5 years**
**These sentences run consecutive to other sentences and cannot be probated.

Miscellaneous: (paraphernalia, license suspensions, drug tax stamps, etc... )
Paraphernalia possession or sale misdemeanor 0 - 1 year $2,000
Paraphernailia sale to minor 3 or more years younger than the seller felony 2 - 20 years $10,000

Details:
Possession of marijuana is a criminal, arrestable offense. For possession of an amount of one kilogram (2.2 lbs) or less, the crime is a Class A Misdemeanor, punishable by up to one year in jail and a fine of up to $6,000. A second offense for minor marijuana possession becomes a Class C felony, carrying a possible penalty of not more than 10 years and not less than one year and one day, nor more than a $15,000 fine. For possession of any amount over one kilogram, the crime is a felony, punishable by 1 - 10 years in prison and a fine of up to $15,000.

The sale, cultivation or manufacture of marijuana shall be known as "trafficking in cannabis" and is a felony offense. For an amount greater than one kilogram (2.2 lbs) but less than 100 lbs, the sentence is a minimum of three years in prison and a fine of up to $25,000. For an amount greater than 100 lbs but less than 500 lbs, the sentence is a minimum of 5 years in prison and a fine of up to $50,000. For an amount up to 1000 lbs, the sentence is a minimum of 15 years in prison and a fine of up to $200,000. Any amount of 1,000 lbs or greater is punishable by life without the possibility of parole.

The penalties for sale of marijuana are enhanced if the sale takes place within a three-mile radius of a school or public housing project, adding five years to the sentence for the sale. Sale to minors (under 18) can increase the penalty by 10 years to life in prison, and no suspension or probation can be granted to this sentence.

The possession or sale of drug paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,000. If the paraphernalia is sold to a minor at least three years younger than the seller, the penalty becomes a felony and is punishable by 2 - 20 years in prison and a fine of up to $10,000.

Any conviction for possession, sale, manufacture or cultivation also results in the suspension of the offender's driver's license for a period of six months.

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.

Marijuana tax stamps:
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .

ARIZONA

Possession:
less than 2 lbs misdemeanor or felony 6 months - 1.5 years $750 - $150,000
2 lbs to 4 lbs misdemeanor or felony 9 months - 2 years $750 - $150,000
4 lbs or more felony 1.5 - 3 years $750 - $150,000
Near school or bus felony additional 1 year additional $2000
Probation eligibility for first and second conviction with drug treatment and testing (exception with medical prescription)

Cultivation:
Less than 2 lbs misdemeanor or felony 9 months - 2 years $750 - $150,000
2 lbs to 4 lbs felony 1.5 - 3 years $750 - $150,000
4 lbs or more felony 2.5 – 7 years $750 - $150,000

Possession for Sale:
Less than 2 lbs felony 1.5 - 3 years $750 - $150,000
2 lbs to 4 lbs felony 2.5 – 7 years $750 - $150,000
4 lbs or more felony 4 - 10 years $750 - $150,000

Sale or Delivery for Sale:
Less than 2 lbs felony 2.5 – 7 years $750 - $150,000
2 lbs or more felony 4 - 10 years $750 - $150,000

Miscellaneous: (paraphernalia, license suspensions, drug tax stamps, etc... )
Paraphernalia possession and sale misdemeanor or felony 6 months - 1.5 years up to $150,000

Details:
The possession of marijuana is a criminal offense. For possession of an amount less than two pounds the sentence can range from 6 mos. - 1.5 years and a fine of $750 - $150,000. Possession of two or more pounds but less than four pounds is punishable by 9 mos. - 2 years in jail and a fine of $750 - $150,000. Possession of four pounds or more is punishable by 1.5 - 3 years in prison and a fine of $750 - $150,000.

Any person convicted of personal possession or use of marijuana is eligible for probation. The court is required to suspend the imposition or execution of the sentence. The person on probation is required to participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program for a second offense. Persons convicted of a third or subsequent offense are not eligible for probation. Persons on probation must also submit to urine drug tests as a condition of their probation with the only exception being made for those who use marijuana under a prescription.

The penalties of possession for sale of less than two pounds of marijuana are 1.5 - 3 years in prison and a $750 - $150,000 fine. For amounts of less than four pounds, the penalties increase to 2.5 - 7 years in prison and a $750 - $150,000 fine. Possession for sale of four pounds or more is punishable by 4 - 10 years in prison and a $750 - $150,000 fine.

Production or cultivation of less than two pounds of marijuana is punishable by 9 mos. - 2 years in jail and a $750 - $150,000 fine. For less than four pounds, the penalties increase to 1.5 - 3 years in prison and a $750 - $150,000 fine. Production of cultivation of four pounds or more is punishable by 2.5 - 7 years in prison and a $750 - $150,000 fine.

Sale or delivery for sale of less than two pounds of marijuana is punishable by 2.5 - 7 years in prison and a fine of $750 - $150,000. Sale or delivery of two pounds or more is punishable by 4 -10 years in prison and a fine of $750 - $150,000.

Possession or sale within 300 feet of a school, on any public property within 1000 feet of any school, at any school bus stop or on any bus transporting pupils to or from school adds an additional one year to the sentence and requires a minimum fine of $2,000.

Possession and sale of paraphernalia is punishable by 6 mos - 1.5 years in jail and a fine of up to $150,000

Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any 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. For more information, see NORML's Drugged Driving (DUID) report.