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Petty Offense |
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Unlawful possession of marijuana
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Any person who possesses up to one ounce of marijuana commits a class 2 petty offense |
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Fine: Up to $100 Imprisonment: None |
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Unlawful sale of marijuana |
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Involving the sale of marijuana with a weight of no greater than one ounce (without monetary exchange). |
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Fine: Up to $100 Imprisonment: None |
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Unlawful possession or sale of drug paraphernalia |
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This charge applies to the possession or sale of any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes (class 2 petty offense). |
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Fine: Up to $100 Imprisonment: None |
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Misdemeanors |
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Unlawful possession of marijuana |
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Any person who possesses up to one ounce of marijuana and fails to appear in court commits a class 3 misdemeanor. |
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Fine: Up to $500 Imprisonment: Up to 6 months |
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Unlawful possession of marijuana (first offense) |
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Any person who possesses between one to eight ounces of marijuana commits a class 1 misdemeanor.
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Fine: $500 to $5,000 Imprisonment: 6 months to 1.5 years |
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Felonies |
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Unlawful possession of marijuana (with any prior conviction) |
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Any person who possesses between one to eight ounces of marijuana commits a class 5 felony. |
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Fine: $1,000 to $100,000 Imprisonment: 1 to 3 years |
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Unlawful possession of marijuana (first offense) |
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Any person who possesses more than eight ounces of marijuana commits a class 5 felony. |
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Fine: $1,000 to $100,000 Imprisonment: 1 to 3 years |
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Unlawful possession of marijuana (with any prior conviction) |
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Any person who possesses more than eight ounces of marijuana commits a class 4 felony |
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Fine: $2,000 to $500,000 Imprisonment: 2 to 6 years |
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Unlawful sale of marijuana to a minor (with monetary exchange) |
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Involving the sale of marijuana from any person 18 years of age or older to someone between 15 and 18 years old with a weight of more than 1 ounce commits a class 4 felony in addition to any other possession charges. |
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Fine: $2,000 to $500,000 Imprisonment: 2 to 6 years |
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Unlawful sale of marijuana to a minor (with or without monetary exchange) |
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Involving the sale of any amount of marijuana from any person 18 years of age or older to someone under the age of 15 commits a class 4 felony in addition to any other possession charges. |
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Fine: $2,000 to $500,000 Imprisonment: 2 to 6 years |
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Unlawful sale of marijuana to a minor (with or without monetary exchange; with any prior conviction) |
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Involving the sale of any amount of marijuana from any person 18 years of age or older to someone under the age of 15 commits a class 3 felony in addition to any other possession charges. |
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Fine: $3,000 to $750,000 Imprisonment: 4 to 12 years |
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Unlawful cultivation of marijuana |
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No person knowingly shall cultivate, grow, produce, process, or manufacture any marijuana or knowingly allow to be cultivated, grown, produced, processed, or manufactured on land owned, occupied, or controlled by him any marijuana commits a class 4 felony. |
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Fine: Up to $5,000 Imprisonment: Up to 3 years |
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Unlawful cultivation of marijuana (with any prior conviction) |
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No person knowingly shall cultivate, grow, produce, process, or manufacture any marijuana or knowingly allow to be cultivated, grown, produced, processed, or manufactured on land owned, occupied, or controlled by him any marijuana commits a class 3 felony. |
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Fine: Up to $5,000 Imprisonment: Up to 3 years |
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