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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

FEDERAL Penalties

Possession


Incarceration


Fine

Any amount (first offense)

misdemeanor

1 year

$1,000

Any amount (second offense)

misdemeanor

15 days MMS*

$2,500

Any amount (subsequent offense)

misdemeanor or felony

90 days MMS* - 3 years

$5,000

*Mandatory minimum sentence.

Sale or Cultivation

Less than 50 plants/50 kg (first offense)

felony

not more than 5 years

$250,000

50-99 plants/50-99 kg (first offense)

felony

not more than 20 years

$1,000,000

100-999 plants/100-999 kg (first offense)

felony

5 - 40 years

$2M-$5M

1000 plants/1000 kg or more (first offense)

felony

10 years - life

$4M-$10M

To a minor

felony

double penalty

double penalty

Within 1,000 feet of a school, or other specified areas

felony

double penalty

double penalty

Gift of small amount

see Possession

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia sale

felony

3 years

none

 

Details

 

Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.

Distribution of a small amount of marijuana, for no remuneration, is treated as possession. Manufacture or distribution of less than 50 plants or 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000. For 50-99 plants or 50-99 kilograms the penalty increases not more than 20 years in prison and a fine of up to $1 million if an individual, $5 million if other than an individual for the first offense. Manufacture or distribution of 100-999 plants or 100-999 kilograms carries a penalty of 5 - 40 years in prison and a fine of $2-$5 Million. For 1000 plants or 1000 kilograms or more, the penalty increases to 10 years - life in prison and a fine of $4-$10 Million.

Distribution of greater than 5 grams of marijuana to a minor under the age of 21 doubles the possible penalties. Distribution within 1,000 feet of a school, playground, public housing or within 100 feet of a youth center, public pool or video arcade also doubles the possible penalties.

The sale of paraphernalia is punishable by up to three years in prison.

The sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise – but only if the defendant is (1) the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders, and (2) the quantity of the controlled substance is 60,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 60,000 or more marijuana plants, or the if the enterprise received more than $20 million in gross receipts during any 12-month period of its existence.



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