Categories
BLOG

7 pounds of weed

What’s the weed worth? How police estimate the value of seized drugs

It was the price of the weed that intrigued readers: On Monday, PennLive reported the seizure in York County of 247 pounds of marijuana.

Beyond announcing the arrest of three California men — one of them a sheriff’s deputy — in the bust, the York County District Attorney estimated the value of the seized drugs to be in excess of $2 million.

A lot of readers thought the math didn’t add up.

Wrote one reader:

There is no way that 247 lbs is worth anywhere near ($2) million dollars. Weed costs about $50 per eighth-ounce on the street. If you split that 247 lbs into 31,616 individual units and sold them for $50 each you’d only have $1.58 million. $750,000 tops in its bulk form. You’d only break $2 million if you could sell all of it in tiny individual units and also overcharge everyone by about 25%.

Law enforcement authorities in York County put the estimated value of the 247 pounds of marijuana seized last week in Hanover in excess of $2 million.

Patrick J. Trainor, a spokesman for the U.S. Drug Enforcement Agency’s Philadelphia office, could not disagree, but he argued that not all marijuana is the same.

The domestically grown variety tends to be . well not very good, he said. Some of the extremely high-grade stuff — like the super high-octane product coming out of Canada, for instance – can fetch upwards of $5,000 to $7,000 a pound.

“But several million does sound somewhat inflated,” Trainor said.

Trainor laid out several reasons why District Attorney Tom Kearney’s estimated value may not be excessive. PennLive put a call out to Kearney’s office but was told he was unavailable for comment.

For starters, law enforcement agencies generally assign a retail as well as a street distribution value to seized marijuana, Trainor notes. And while both in the end are correct, they usually report the retail value.

A pure, high-grade cannabis can fetch as much as $5,000-6,000 a pound at the retail level. Drug traffickers — just like any other line of business, Trainor said — make their most money not at the wholesale but the retail. And law enforcement, more often than not, like to report the estimated retail value of the seized cannabis.

“It is entirely possible to take a pound of marijuana and cut that up into nickle bags or dime bags and what we would call a nick traditionally used to sell for $5 to $10 if low grade,” Trainor said. “If it’s high grade, the same bag could retail for $100. You could increase your profit margin by literally 200 percent.”

Then there’s the weed’s place of origin.

The York County Drug Task Force with the help of and police agencies from the region last week seized 247 pounds of marijuana during a traffic stop. Three men, including a sheriff’s deputy from California, have been charged in connection to the seizure. All three posted $1 million bail each. (Ivey DeJesus/PennLive)

Trainor uses the cultured pearls analogy to explain that one: If you want to buy cultured pearls, you are going to get them a lot cheaper in Tahiti than you would in the U.S.

“You are paying premium for those cultured pearls to be cleaned, packaged and delivered to Tiffany’s in Center City or New York. It’s the same thing with drugs,” Trainor said.

The marketplace – or location of sale – will also affect the value of the substance.

Marijuana, Trainor explains, has a significantly higher street value in a place like York County than it would in a large urban center, such as Philadelphia or New York.

“We see a difference in value between Philadelphia and Allentown,” Trainor said. “Speaking from a Philadelphia perspective, you could go to Bucks or Montgomery or Delaware counties and pay more for it there. It’s going to be the same in York County. It’s going to be much more.”

At Monday’s press conference, Kearney declined to provide detail information about the drub, saying the information was part of the ongoing investigation.

Remember that old Cheech and Chong movie. ‘the bigger the bust, the bigger the boost?’ Turns out advocates for the legalization of marijuana are still using that argument.

Cops, they say, like to inflate the value of the seized drugs because it makes them look good.

“They like to hold them out as achievement later to move further up the chain,” said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws (or NORML).

Almost all — 98 percent — of marijuana arrests in this country happen at the local level, he said. The federal government makes few arrests, he said. Moreover, local departments benefit from millions of federal dollars available through programs such as the Edward Byrne Memorial State and Local Law Enforcement Assistance Program, which St. Pierre describes as a “slush fund” for local law enforcement.

“The general criteria needed is how many busts you make,” he said. “The higher the bust and value, the greater the calculus for local and state police getting a percentage of massive federal grant programs. Local police are really incentivized to do this.”

Advocacy groups like NORML have for decades made inflated estimates a point of contention, and the fact, that, they say, when it comes to prosecuting marijuana cases, police and attorneys lean toward the higher estimated street values and higher weights.

“From a PR point of view it benefits law enforcement, in their view, to put a high dollar value on drugs or contraband,” St. Pierre said. “It’s a notch on their belt in terms of them being able to say ‘we stopped X or Y amount of drugs going from point A to point B or we were able to keep X amount of drugs from your children. specifically your children!”

The fact that fresh — or wet — marijuana weighs more than the dry variety is not lost on police and courts. The drug has a significant drop in weight over a short time.

And while possessing any amount of marijuana is illegal in Pennsylvania, the greater the weight, the greater the potential sentence defendants face.

“When the brass tacks are exposed, it’s really important from a defense point of view to be able to establish the lowest possible weight,” St. Pierre said. “It’s the weight that largely is the determining factor — not the value. That’s the PR. It’s the weight of marijuana along with prior offenses or guns involved..generally speaking the more weight the greater the punishment. Police very often inflate the value of marijuana.”

Note to readers: if you purchase something through one of our affiliate links we may earn a commission.

Disclaimer

Registration on or use of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your California Privacy Rights (each updated 1/1/20).

© 2020 Advance Local Media LLC. All rights reserved (About Us).
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local.

Community Rules apply to all content you upload or otherwise submit to this site.

What’s the weed worth? How police estimate the value of seized drugs It was the price of the weed that intrigued readers: On Monday, PennLive reported the seizure in York County of 247 pounds of

Marijuana laws

Information on the law about Marijuana

Table 11c: Illegal Drugs: Marijuana

State Code Section Possession Sale Trafficking
ALABAMA 20-2-1, et seq.; 20-2-23 3 (j); 13A-12-210 to 215, 231(i) Personal use: Class A misdemeanor;
Subsequent offense or possession of marijuana for other than personal use: Class C felony
Class B felony; Class A for sale to minor;
Sale on school campus or within 3 mile radius: 5 yrs.
1 kilo-100 lbs: minimum 3 yrs. and mandatory $25,000;
100-500 lbs.: minimum 5 yrs. and mandatory $50,000;
500-1000 lbs.: minimum. 15 yrs. and mandatory $200,000;
Over 1000 lbs.: life without parole
ALASKA 11.71.010, et seq. To possess marijuana with reckless disregard that possession occurs within 500 feet of a school or recreation/youth center or on a school bus or to knowingly maintain storage or transportation facilities for keeping/distributing or to render a drug counterfeit or to possess 25 or more plants: Class C felony
ARIZONA 13-3401, 3405; 36-2501, et seq. Under 2 lb.: Class 6 felony;
2-4 lbs.: Class 5 felony;
4 lbs. and over: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater
Under 2 lbs.: Class 4 felony;
2-4 lbs.: Class 3 felony;
over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000
Producing marijuana: less than 2 lbs.: Class 5 felony;
2-4 lbs.: Class 4 felony;
Over 4 lbs.: Class 3 felony;
Transporting/importing: less than 2 lbs.: Class 3 felony;
Over 2 lbs.: Class 2 felony
ARKANSAS 5-64-101, et seq. 1st offense: Class A misdemeanor;
2nd offense: Class D felony;
3rd offense: Class C felony
Delivery or intent to deliver marijuana is a Class C felony, 4-30 yrs., depending on the amount sold, and/or fine of $25,000 to $100,000; increased penalty within 1000 ft. of school 1 oz. possession of marijuana creates rebuttable presumption or intent to deliver

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
CALIFORNIA Health & Safety §11000, et seq.; 11357, et seq.; §11362.5 medical use of marijuana Possession of any concentrated cannabis: prison in county jail up to 1 yr. or fine up to $500 or both;
Up to 28.5 grams: misdemeanor and fine of up to $100;
Over 28.5 grams: prison up to 6 months or fine up to $500 or both;
If over 18 and possession under 28.5 grams on grounds of school: misdemeanor and fine up to $500;
Under 18 and possession under 28.5 grams on grounds of school: misdemeanor and fine up to $250;
Second offense: up to $500 or up to 10 days in juvenile home program
Possession for sale: imprisonment in state prison 2-4 yrs. for transporting, selling, etc. If under 28.5 grams: misdemeanor and fine up to $100; Adults who give or sell to, hire or use, or induce a minor under 14 in transporting, selling, giving away, preparing or peddling any marijuana: state prison for 3, 5, 7 years; to a minor over 14: state prison for 3, 4, 5 years
COLORADO 18-18-101, et seq., 18-18-406 Under 1 oz.: Class 2 petty offense, $100 fine;
1-8 oz.: Class 1 misdemeanor or Class 5 felony with prior conviction;
Over 8 oz.: Class 5 felony or Class 4 felony with prior conviction;
Public use: Class 2 petty offense, $100 fine and 15 days
Class 4 felony (transferring under 1 oz. for no consideration is possession, not a dispensing offense);
Subsequent offense: Class 3 felony, fine up to $10,000;
Over 18 yrs. old selling to minor under 15: Class 4 felony, fine up to $5,000
CONNECTICUT 21a-278, 279 Under 4 oz.: 1 yr. and/or $1000;
Over 4 oz.: 5 yrs. and/or $2000;
Over 1 kilo: 5-20 yrs. to life;
Subsequent offense: Under 4 oz.: 5 yrs. and/or $3000;
Over 4 oz.: 10 yrs. and/or $5000; add 2 yrs. if within 1500 ft. of school or child day care center
Over 1 kilo: 5-20 yrs.;
Subsequent offense: 10-25 yrs.;
If sale within 1500 ft. of school or child day care center: additional mandatory 3 yrs.;
Sale to minor or person 2 yrs. junior: additional mandatory 2 yrs.; court may suspend mandatory minimum sentence if person is under 18 or lacks mental capacity

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
DELAWARE Tit. 16 §4701, et seq.; 4753A Class A misdemeanor (If applicable, can be subject to First Offenders Controlled Substances Diversion Program §4764);
Knowingly making a purchase from a minor under 18: Class E felony. Purchasing from a minor under 16, 6 months no suspension, probation, parole. Seller is under 14 yrs. 1 year mandatory sentence
Class E felony: 5 yrs. and $1000 to $10,000 (more severe if near school §4767-68) 5 lbs. or more: class B felony; 5-100 lbs.: $25,000 and minimum 2 yrs.;
100-500 lbs.: $50,000 and minimum 4 yrs.;
Over 500 lbs.: $100,000 and minimum 8 yrs.
DISTRICT OF COLUMBIA 48-901.02 et seq.; 48-904.01 et seq. Misdemeanor, up to 1 yr. and/or $1000;
Subsequent offense: double penalties
Crime with penalty of 1 yr. and/or $10,000;
Subsequent offense: double penalties;
Within drug-free zone or sale to minor: up to twice the punishment
FLORIDA 893.13, et seq. 3rd degree felony;
Under 20 g.: 1st degree misdemeanor;
In excess of 25 lbs. is trafficking (1st degree felony)
3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084;
Subsequent offense: 10 yrs.
All sentencing done pursuant to sentencing guidelines: 25-2000 lbs.: mandatory $25,000 and 3 yrs.;
2000-10,000 lbs.: mandatory $50,000 and 7 yrs.;
Over 10,000 lbs.: 15 yrs. and mandatory $200,000
GEORGIA 16-13-30, et seq. Over 10 lbs. is trafficking; possession at all is a felony with penalty of 1-10 yrs. Felony: 5-30 yrs. 10-2000 lbs.: 5 yrs. and mandatory $100,000;
2000-10,000 lbs.: 7 yrs. and mandatory $250,000;
Over 10,000 lbs.: 15 yrs. and mandatory $1,000,000

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
HAWAII 329-14, et seq.; 712-1240, et seq. Possession of 25 or more marijuana plants or possession of 1 lb. or more of anything containing marijuana: Class C felony;
2 lbs. or more: Class B felony;
25 lbs. or more: Class A felony;
Possession of over 100 plants: Class A felony;
Distribution of any small amount or possession of any small amount: misdemeanor
Sale of any amount: Class C felony;
1 lb. or more: Class B felony;
5 lbs. or more: Class A felony
IDAHO 37-2701, et seq. Under 3 oz.: misdemeanor with penalty of up to 1 yr. or $1,000 or both;
Over 3 oz.: felony, 5 yrs. and $10,000;
Subsequent offense: double penalty
Felony: 5 yrs. and $15,000; Subsequent offense: double penalty 1 lb. or more or 25 plants or more: felony;
1-5 lbs. or 25-50 plants: mandatory 1 yr. and $5,000;
5-25 lbs. or 50-100 plants: mandatory 3 yrs. and $10,000;
25-100 lbs. or over 100 plants: mandatory 5 yrs. and $15,000;
Maximum number of yrs. 15 and maximum fine $50,000
ILLINOIS 720 ILCS 570/100, et seq., Uniform Controlled Substances Act; 720 ILCS 550/1, et seq. “Cannabis Control Act” Under 2.5 g.: Class C misdemeanor;
2.5-10 g.: Class B misdemeanor;
10-30 g.: Class A misdemeanor;
30-500 g: Class 4 felony;
500-2,000 g.: Class 3 felony;
2,000-5,000 g.: class 2 felony;
>5,000 g.: class 1 felony;
Subsequent offense: 10-30 g.: Class 4 felony;
30-500 g.: Class 3 felony;
Producing plants: 1-5: Class A misdemeanor;
5-20: Class 4 felony;
20-50: Class 3 felony;
Over 50: Class 2 felony with fine up to $100,000
Under 2.5 g.: Class B misdemeanor;
2.5-10 g.: Class A misdemeanor;
10-30 g.: Class 4 felony;
30-500 g.: Class 3 felony and up to $50,000 fine;
500-2,000 g.: Class 2 felony for which a fine not to exceed $100,000 may be imposed; 2,000-5,000 g.: class 1 felony and up to $150.000; >5,000 g.: class X felony and up to $200,000;
Enhanced penalties for sale to person 3 yrs. junior or on school grounds
Over 2500 g. is trafficking: penalty is double that of sale

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
INDIANA 35-48-2-1, et seq.; 35-48-4-10, 11 Under 30 g.: Class A misdemeanor;
Over 30 g.: Class D felony;
Subsequent offense: Class D felony
Class A misdemeanor; 10 lbs. or more or delivered on school property or bus or within 1000 feet of either: Class C felony;
Class C felony: 10 lbs or more on a school bus;
Sale of 30 g. to 10 lbs. and recipient a minor and person has prior conviction involving marijuana: Class D felony
IOWA 124.101, et seq. Under 50 kg.: Class D felony, fine $1000 to $5000;
50 to 100 kg.: Class C felony, fine $1000 to $50,000;
100 to 1000 kg.: Class B felony, $5000 to $100,000;
Over 1000 kg.: Class B felony with penalty of up to 50 yrs. and $1,000,000;
Subsequent offense: triple penalties; more severe penalties for distribution to minor or to person 3 yrs. younger
KANSAS 65-4101, et seq. Class A nonperson misdemeanor;
Subsequent offense: Level 4 felony
Level 3 felony;
Sell within 1000 ft. of school or to minor: Level 2 felony
KENTUCKY 218A.010, et seq. Class A misdemeanor (includes less than 5 plants); over 5 plants: Class D felony Under 8 oz.: Class A misdemeanor;
Subsequent offense: Class D felony;
8 oz. to 5 lbs.: Class D felony;
Subsequent offense: Class C felony
Over 5 lbs.: Class C felony;
Subsequent offense: Class B felony;
Possession of over 8 oz. is prima facie evidence of intent to sell
LOUISIANA §40:961, et seq. Up to 6 mos. in parish jail and/or up to $500;
Second conviction of this amount: up to 5 yrs. and/or up to $2000;
Subsequent convictions: up to 20 yrs;
60-2000 lbs.: 10-60 yrs. hard labor and $50,000 to $100,000;
2000-10,000 lbs.: 20-80 yrs. hard labor and $100,000 to $400,000;
Over 10,000 lbs.: 50-80 yrs. hard labor and $400,000 to $1,000,000

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
MAINE Tit. 17A §1101, et seq. Over 1 lb. creates presumption of trafficking: Class E crime Over 1.25 oz. creates presumption of furnishing: Class D crime Class D crime;
Possession of over 1 lb. or over 100 plants: Class C crime;
Over 20 lbs. or over 500 plants: Class B crime
MARYLAND Art. 27 §276, et seq. 1 yr. and/or $1,000;
Bringing 100 or more lbs. into state is felony with penalty of up to 25 yrs. and/or fine up to $50,000;
Subsequent offense: double penalties
Felony with penalty of 5 yrs. and/or fine of $15,000;
50 lbs. or more: felony with not less than 40 yrs.;
Subsequent offense: double penalties, mandatory 2 yrs.
If “drug kingpin”: 20-40 yrs. and/or $1,000,000 fine
MASSACHUSETTS Ch. 94c §1, et seq. 6 months and/or $500;
Subsequent offense: 2 yrs. and/or $2000;
Over 50 lbs. is trafficking
1-2 yrs. and/or $500 to $5000;
Subsequent offense: 1-2.5 yrs. and/or $1000 to $10,000
50-100 lbs.: 2.5-15 yrs and $500 to $10,000;
100-2000 lbs.: 3-15 yrs. and $2500 to $25,000;
2000-10,000 lbs.: 5-15 yrs. and $5000 to $50,000;
Over 10,000 lbs.: 10-15 yrs. and $20,000 to $200,000
MICHIGAN 333.7401, et seq.; 333.7212 Misdemeanor with penalty of 1 yr. and/or $2000 Felony:
less than 5 kg. or 20 plants: up to 4 yrs. and/or $20,000;
5-45 kg. or 20-200 plants: up to 7 yrs. and/or $500,000;
Over 45 kg. or over 200 plants: up to 15 yrs. and/or $10,000,000;
Sale to minor or near school property: up to double penalties
MINNESOTA 152.01, et seq. Small amount: petty misdemeanor $200 and maybe drug education program;
10+ kg.: up to 20 yrs. and/or $250,000;
50-100 kg.: up to 25 yrs. and/or $500,000;
100+ kg.: up to 30 yrs. and/or $1,000,000;
Subsequent offense: depends on level of prior offense; if misdemeanor, may be required to participate in chemical dependency evaluation and treatment
Any small amount for sale: up to 5 yrs. and/or $10,000;
Small amount without remuneration: petty misdemeanor with fine of up to $200 and maybe drug education program;
5+ kg.: up to 20 yrs. and/or $250,000;
25+ kg.: up to 25 yrs. and/or $500,000;
50+ kg.: up to 30 yrs. and/or $1,000,000;
5 kg. or more in school or park or public housing zone: up to 25 yrs. and/or $500,000

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
MISSISSIPPI 41-29-101, et seq.; 41-29-139 5 kg.: 10–30 yrs. and up to $1 million Under 1 oz.: up to 3 yrs. and/or $3000;
First-time offender with over 1 oz. but less than 1 kg.: up to 20 yrs. and/or $30,000;
Over 1 oz.: up to 30 yrs. and/or $5,000 to $1,000,000;
Subsequent offense: double penalties
Anyone over 21 selling 10 lbs. or more of marijuana during any 12 month period shall have life in prison without suspension/parole
MISSOURI 195.010, et seq. Under 35 g.: Class A misdemeanor;
Over 35 g.: Class C felony;
Subsequent offense: subject to prior & persistent offenders statute §195.295
Less than 5 g.: Class C felony;
More than 5 g.: Class B felony;
Subsequent offense: subject to prior & persistent offenders statute §195.295;
Distribution to minor 17 years old or 2 yrs. junior: Class B felony;
Within 2000 ft. of school or public housing: Class A felony
Trafficking drugs 1st degree: Distribution /attempt to deliver: 30-100 kg.: Class A felony;
100+ kg.: term of prison for Class A felony without parole;
Trafficking in 2nd degree: Buying/attempt to purchase: 30-100 kg.: Class B felony;
100+ kg. or over 500 plants: Class A felony
MONTANA 45-9-101, et seq.; 50-32-101, et seq. Under 60 g.: misdemeanor with penalty of 6 months in county jail and fine of $100 to $500;
Subsequent offense: $1000 fine and 1 yr. in county jail or up to 3 yrs. in state penitentiary
1 yr. to life and $50,000;
Subsequent offense: 2 yrs. to life and $50,000;
Offense of criminal sale of dangerous drugs on or near school property: 3 years to life and/or $50,000 fine
Criminal production/manufacture: Less than 1 lb. or 30 plants: up to 10 yrs. and $50,000;
Over 1 lb. or 30 plants: 2 yrs. to life and/or $50,000;
Subsequent offense: up to double penalties

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
NEBRASKA 28-401, et seq. Under 1 oz.(if first offense): Citation, $100, and attend a course;
2nd offense: Citation, $200, up to 5 days in jail, and Class IV misdemeanor;
3rd offense: Class IIIA misdemeanor, $300, and up to 7 days jail
Over 1 oz.: Class IIIA misdemeanor;
Over 1 lb.: Class IV felony
1 oz.-1 lb.: Class IIIA misdemeanor;
Over 1 lb.: Class IV felony
NEVADA 453.011, et seq.; NAC 453.510 For someone under 21: 1-6 yrs. and $2000 or 1 yr. in county jail; $1000 and 6 mos. driver’s license suspension (same for 2nd and 3rd offenses);
For someone over 21: up to 1 yr. and up to $1000;
Subsequent offense: 1-6 yrs. and $5000
1-10 yrs. and up to $10,000;
2nd offense: 2-15 yrs. and up to $15,000;
3rd offense: 5-20 yrs. and up to $20,000
100-2000 lbs.: 3-20 yrs. and maximum $25,000;
2000-10,000 lbs.: 2-10 yrs. and minimum $50,000;
Over 10,000 lbs.: 15 yrs. to life and minimum $200,000
NEW HAMPSHIRE 318-B:1, et seq. Misdemeanor (class A) Under 1 oz.: up to 3 yrs. and/or $25,000;
1 oz. to 5 lbs.: up to 7 yrs. and/or $100,000;
Over 5 lbs.: up to 20 yrs. and/or $300,000;
Subsequent offense: Under 1 oz.: up to 6 yrs. and/or $50,000;
1 oz. to 5 lbs.: up to 15 yrs. and/or $200,000;
Over 5 lbs.: up to 40 yrs. and/or $500,000
NEW JERSEY 24:21-1, et seq.; 2C:35-2, et seq. Under 50 g.: disorderly person and 100 hrs. of community service (if within 1000 ft. of school);
Over 50g.: 4th degree crime, $25,000
Less than 1 oz.: 4th degree crime;
1 oz. to 5 lbs.: 3rd degree crime, up to $15,000;
5–25 lbs.: 2nd degree crime;
Over 25 lbs.: 1st degree
Leader of narcotics trafficking network: life (25 year minimum before parole) and/or $500,000
NEW MEXICO 30-31-1, et seq. Under 1 oz.: petty misdemeanor, 15 days and $50-$100;
1-8 oz.: misdemeanor, 1 yr. and $100-$1000;
Over 8 oz.: 4th degree felony;
Subsequent offense: Under 1 oz.: misdemeanor, 1 yr., $100-$1000
4th degree felony;
If over 100 lbs., 3rd degree felony;
Subsequent offense: 3rd degree felony;
If over 100 lbs.: 2nd degree felony;
Higher penalties if in drug-free school zone

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
NEW YORK Penal §220, et seq.; Pub. Health §3306, 3307 Under 25g: $100;
Over 25 g. or public use: Class B misdemeanor;
Over 2 oz.: Class A misdemeanor;
Over 8 oz.: Class E felony;
Over 16 oz.: Class D felony;
Over 10 lbs.: Class C felony;
Subsequent offense: Under 25 g.: $200;
Third offense: $250 and 15 days
Under 2 g. or 1 cigarette: Class B misdemeanor;
Under 25 g.: Class A misdemeanor;
Over 25 g.: Class E felony;
Over 4 oz. or sale to a minor: Class D felony;
Over 16 oz.: Class C felony
NORTH CAROLINA 90-86, et seq. Class 3 misdemeanor;
Over .5 oz.: Class 1 misdemeanor, $100 fine;
Subsequent offense over .5 oz.: Class I felony
Over 1.5 oz.: Class I felony;
Class I felony but not when under 5 g. for no consideration 10-50 lbs.: Class H felony, 25-30 mos. and/or $5000;
50-2000 lbs.: Class G felony, 35-42 mos. and/or $25,000;
2000-10,000 lbs.: Class F felony, 70-84 mos. and/or $50,000;
Over 10,000 lbs.: Class D felony, 175-219 mos. and/or $200,000
NORTH DAKOTA 19-03.1-01, et seq. Under .5 oz.: Class B misdemeanor;
Under 1 oz.: Class A misdemeanor (may be expunged from record if no further conviction for 2 yrs.);
Under .5 oz. while operating a motor vehicle: Class A misdemeanor
Class B felony;
100 lbs. or more: Class A felony;
Delivery to a minor by an 18 year old.
OHIO 2925.01, et seq.; 3719.01, et seq. Under 20 g. and gift: minor misdemeanor;
Subsequent offense: misdemeanor of 3rd degree;
Under 100 g.: minor misdemeanor;
100-200 g.: 4th degree misdemeanor;
200-1000 g.: 5th degree felony;
1000-5000 g.: 3rd degree felony;
5000-20,000 g.: 3rd degree felony with presumption of prison term;
over 20,000 g.: 2nd degree felony
5th degree felony;
200-1000 g.: 4th degree felony;
1000-5000 g.: 3rd degree felony;
5000-20,000 g.: 3rd degree felony with presumption of prison term;
Over 20,000 g.: 2nd degree felony;
Stricter penalties if sale within 1000 ft. of school or 100 ft. of juvenile

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
OKLAHOMA Tit. 63 §2-101, et seq. Misdemeanor with penalty of up to 1 yr. or fined $10,000;
Subsequent offense: felony, 2-10 yrs.
Fine not to exceed $25,000;
Within 1000 feet of school or in presence of child under 12: up to double penalties;
subsequent offense: up to triple penalties
Felony, 2-10 yrs. and/or up to $5000;
Subsequent offense: double penalties
Between 25-1000 lbs.: $25,000 to $100,000;
Over 1000 lbs.: $100,000 to $500,000
OREGON Chapter 475 Less than 1 oz.: $500-$1000 110-150 g.: commercial drug offense if over $300 cash, firearm, packaging materials, customer list, stolen property, or using public lands;
Over 150 g.: Category 6 crime
Class B felony (Category 8 if over 150 g.);
5 g.-1 oz.: Class A misdemeanor;
less than 5 g.: $500-$1000 fine;
Within 1000 ft. of school: Class C misdemeanor
PENNSYLVANIA Tit. 35 §780-101, et seq. Under 30 g.: misdemeanor, 30 days and/or $500;
Over 30 g.: misdemeanor, 1 yr. and/or $5000
Subsequent offense over 30g.: 3 yrs. and/or $25,000
Over 1000 lbs.: felony, up to 10 yrs. and/or $100,000 or enough to recoup drug profit;
Subsequent offense or sale to minor: double penalties
RHODE ISLAND 21-28-1.01, et seq. Misdemeanor, up to 1 yr. and/or $200 to $500;
1-5 kg.: 10-50 yrs. and/or $10,000-$500,000
Over 5 kg.: 20 yrs. to life and $25,000 to $1,000,000
1-5 kg.: 10-50 yrs. and/or $10,000-$500,000
Over 5 kg.: 20 yrs. to life and $25,000 to $1,000,000;
Sale within 300 yds. of school: double penalties;
Sale to minor or person 3 yrs. junior: minimum 2-5 yrs. and $10,000
SOUTH CAROLINA 44-53-110 Misdemeanor: up to 6 mos. and/or $1000;
Subsequent offense: misdemeanor, 1 yr. and/or $2000
Under 1 oz.: 30 days and/or $100 to $200;
Over 1 oz.: Prima facie guilty of sale;
Subsequent offense under 1 oz.: 1 yr. and/or $200 to $1000
Felony: up to 5 yrs. and/or $5,000;
Subsequent offense: felony, up to 10 yrs. and/or $10,000;
Third offense: felony, 5-20 yrs. and/or $20,000;
Sale to minor: misdemeanor, up to 10 yrs. and $10,000
10-100 lbs.: 1-10 yrs. and $10,000;
2nd offense: 5-20 yrs and $15,000;
Subsequent offense: mandatory 25 yrs. and $25,000;
100-2000 lbs. or 100-1000 plants: mandatory 25 yrs. and $25,000;
2000-10,000 lbs. or 1000-10,000 plants: mandatory 25 yrs. and $50,000;
Over 10,000 lbs. or over 10,000 plants: 25-30 yrs. and $200,000

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
SOUTH DAKOTA 22-42-6, et seq.; 34-20B-1 to 114 Under 2 oz.: Class 1 misdemeanor;
2 oz. to .5 lb.: Class 6 felony;
.5 to 1 lb.: Class 5 felony;
1to 10 lbs.: Class 4 felony;
Over 10 lbs.: Class 3 felony;
May be civil penalty for violation up to $10,000 in any of the above cases
Under .5 oz. or without consideration: Class 1 misdemeanor;
Under 1 oz.: Class 6 felony;
1 oz.-.5 lb.: Class 5 felony;
.5-1 lb.: Class 4 felony;
Over 1 lb.: Class 3 felony;
Sale to a minor: Class 4 felony;
Sale in drug-free zone: Class 4 felony, minimum 5 yrs.
Also may be civil penalty up to $10,000 in any of above cases;
All felonies: mandatory 30 days without suspension;
Subsequent offense: mandatory 1 yr.
TENNESSEE 39-17-401, et seq. Possession or casual exchange of: Less than .5 oz.: Class A misdemeanor and attendance at drug offender school and minimum $250 fine; Casual exchange to a minor from an adult 2 yrs. his senior and adult knows minor is a minor: felony;
Subsequent offense: $500 minimum; Third: $750 minimum; Two or more prior convictions, then Class E felony;
20 plants to 99 plants: Class C felony, fined up to $100,000.
.5 oz. to 10 lbs.: Class E felony and/or $5000;
10 lbs. + 1 g. to 70 lbs.: Class D felony and/or $50,000;
70 lbs. + 1 g.: Class B felony and/or $200,000;
Over 700 lbs.: Class A felony and/or $500,000;
Sale to minor under 18 or in drug-free zone: one class higher than amount required;
Minimum penalty amounts: 1st drug felony offense: $2000;
2nd: $2500; 3rd: $3000
TEXAS Health & Safety §481.032, et seq. Under 2 oz.: Class B misdemeanor;
2-4 oz.: Class A misdemeanor;
4 oz. to 5 lbs.: State jail felony;
5-50 lbs.: 3rd degree felony;
50-2000 lbs.: 2nd degree felony;
Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 5-99 yrs. and $50,000
.25 oz. or less: Class B misdemeanor (if no remuneration);
.25 oz. or less: Class A misdemeanor (with remuneration);
.25 oz. to 5 lbs.: state jail felony;
5 lbs. to 50 lbs.: 2nd degree felony;
50-2000 lbs.: 1st degree felony;
Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100.000;
Delivery to minor under 17 who is enrolled in school and over .25 oz.: 2nd degree felony;
Within drug-free zone: penalties doubled

Table 11c: Illegal Drugs: Marijuana—Continued

State Code Section Possession Sale Trafficking
UTAH 58-37-1, et seq. Under 1 oz.: Class B misdemeanor;
1-16 oz. not yet extracted from plant: Class A misdemeanor;
Over 1 lb.-100 lbs.: 3rd degree felony;
Over 100 lbs.: 2nd degree felony;
Subsequent offense: one degree greater penalty than provided for
3rd degree felony; subsequent offense: 2nd degree felony;
Within 1000 ft. of school or sale to a minor: one degree more than provided except 1st degree felony is 5 yrs. mandatory
VERMONT Tit. 18§4230 Under 2 oz. and/or less than 3 plants: up to 6 months and/or $500;
More than 2 oz. and/or more than 3 plants: up to 3 yrs. and/or $10,000;
More than 1 lb. or more than 10 plants: up to 5 yrs. and/or $100,000;
More than 10 lbs. or more than 25 plants: up to 15 yrs. and/or $500,000;
Subsequent offense: Under 2 oz.: up to 2 yrs. and/or $2000
Under .5 oz.: 2 yrs. and/or $10,000;
.5 oz.-1 lb.: up to 5 yrs. and/or $100,000;
More than 1 lb.: up to 15 yrs. and/or $500,000;
Subsequent offense: double penalties
(Permissive Inference) 50 lbs or more with intent to sell: up to 30 yrs. and or $1 million
VIRGINIA 54.1-3445, 18.2-247 Misdemeanor, jail up to 30 days and/or $500;
Subsequent offense: Class 1 misdemeanor
Up to .5 oz.: Class 1 misdemeanor;
.5 oz.-5 lbs.: Class 5 felony;
Over 5 lbs.: 5-30 yrs.;
Proof that person gave drug only as an accommodation not for remuneration or to induce him to become addicted shall be guilty of Class 1 misdemeanor;
Sale to minor or within 1000 ft. of school: stricter penalties
WASHINGTON 69.50.101, et seq. Up to 5 yrs. and/or $10,000;
40 g. or less is misdemeanor;
Subsequent offense: double penalties
Less than 40 g.: misdemeanor, up to 5 yrs. in correctional facility and $10,000;
Subsequent offense: up to double penalties;
Unlawful delivery of controlled substance used by person delivered to and resulting in user’s death: deliverer guilty of controlled substance homicide: Class B felony
WEST VIRGINIA 60A-1-101 to 8-13 Misdemeanor, 90 days-6 mos. and/or $1000;
Court may mitigate first offense of under 15 g.;
Subsequent offense: double penalties
Felony, 1-5 yrs. and/or $15,000;
Subsequent offense: double penalties;
Sale to minor or within 1000 ft. of school: mandatory 2 yrs.
Transport into state with intent to deliver: felony, 1-5 yrs. and/or $15,000

Table 11c: Illegal Drugs: Marijuana—Continued

Marijuana laws Information on the law about Marijuana Table 11c: Illegal Drugs: Marijuana State Code Section Possession Sale Trafficking ALABAMA 20-2-1, et