Marijuana Possession Penalties

“Possession” here means mere possession or cultivation and not “possession with the intent to distribute.” Possession with the intent to distribute is a completely different criminal charge and carries different and harsher punishments.

Less than 100 grams

Though this is a minor misdemeanor, it will not appear on your permanent record. It carries the following penalties:

    • At most, a fine of $150
    • Suspension of your driver’s license for sixth months to five years, with
      • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

100 to 199 grams

This is a misdemeanor of the fourth degree and carries the following penalties:

  • A jail sentence of up to 30 days
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $250
  • Suspension of your driver’s license for sixth months to five years, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

200 to 999 grams

This is a felony of the fifth degree and carries the following penalties:

  • A jail sentence of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Suspension of your driver’s license for sixth months to five years, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

1,000 to 4,999 grams

This is a felony of the third degree and carries the following penalties:

  • A jail sentence of nine months to three years
  • A fine ranging from $5,000 to $10,000
  • Suspension of your driver’s license for sixth months to five years, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

5,000 to 19,999 grams

This is a felony of the third degree and carries the following penalties:

    • A prison term of nine months to three years
    • A fine ranging from $5,000 to $10,000
    • Suspension of your driver’s license for sixth months to five years, with
      • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

20,000 to 39,999 grams

This is a felony of the second degree and carries the following penalties:

    • A mandatory prison term of five to eight years
    • A fine of $7,500 to $15,000
    • Suspension of your driver’s license for sixth months to five years, with
      • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

40,000 or more

This is a felony of the second degree and carries the following penalties:

    • A mandatory prison term of eight years
    • A fine of $7,500 to $15,000
    • Suspension of your driver’s license for sixth months to five years, with
      • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license