- ALABAMA
13A-12-213. Unlawful possession of marijuana in the first degree.
(a) A person commits the crime of unlawful possession of marijuana in the first degree if, except as otherwise authorized:
(1) He possesses marijuana for other than personal use; or
(2) He possesses marijuana for his personal use only after having been previously convicted of unlawful possession of marijuana in the second degree or unlawful possession of marijuana for his personal use only.
(b) Unlawful possession of marijuana in the first degree is a Class C felony.
§ 13A-12-214. Unlawful possession of marijuana in the second degree.
(a) A person commits the crime of unlawful possession of marijuana in the second degree if, except as otherwise authorized, he possesses marijuana for his personal use only.
(b) Unlawful possession of marijuana in the second degree is a Class A misdemeanor.
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- ALASKA
§ 11.71.190. Schedule VIA
(a) A substance shall be placed in schedule VIA if it is found under AS 11.71.120(c) to have the lowest degree of danger or probable danger to a person or the public.
(b) Marijuana is a schedule VIA controlled substance.
§ 11.71.050. Misconduct involving a controlled substance in the fifth degree
(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the fifth degree if the person:
(1) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one ounce containing a schedule VIA controlled substance;
(2) possesses
(A) less than 25 tablets, ampules, or syrettes containing a schedule IIIA or IVA controlled substance;
(B) one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than three grams containing a schedule IIIA or IVA controlled substance;
(C) less than 50 tablets, ampules, or syrettes containing a schedule VA controlled substance;
(D) one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than six grams containing a schedule VA controlled substance; or
(E) one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance; or
(3) fails to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under AS 17.30.
(b) Misconduct involving a controlled substance in the fifth degree is a class A misdemeanor.
§ 11.71.060. Misconduct involving a controlled substance in the sixth degree
(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the sixth degree if the person
(1) uses or displays any amount of a schedule VIA controlled substance;
(2) possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one ounce containing a schedule VIA controlled substance; or
(3) refuses entry into a premise for an inspection authorized under AS 17.30.
(b) Misconduct involving a controlled substance in the sixth degree is a class B misdemeanor.
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- ARIZONA
§ 13-3405. Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly:
1. Possess or use marijuana.
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.
B. A person who violates:
1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.
3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.
4. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.
5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.
6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.
7. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.
8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.
9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of four pounds or more is guilty of a class 3 felony.
10. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.
11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.
C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.
D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. [FN1] A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
E. A person who is convicted of a felony violation of any provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections as appropriate during the duration of the term of probation or before the expiration of the sentence imposed.
F. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 4, 7 or 10 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation the person perform not less than twenty-four hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crimes or any other appropriate agency or organization.
H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty-four hours of community restitution.
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- ARKANSAS
§ 5-64-215. Substances in Schedule VI
(a) Any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, are included in Schedule VI:
(1) Marijuana;
(2) Tetrahydrocannabinols; and
(3) A synthetic equivalent of the substance contained in the Cannabis plant, or in the resinous extractives of the genus Cannabis, or a synthetic substance, derivative, or its isomers with similar chemical structure and pharmacological activity such as the following:
(A) [ ] 1 cis or trans tetrahydrocannabinol, and its optical isomers;
(B) [ ] 6 cis or trans tetrahydrocannabinol, and its optical isomers; and
(C) [ ] 3.4 cis or trans tetrahydrocannabinol, and its optical isomers.
(b) However, the Director of the Department of Health shall not delete a controlled substance listed in this section from Schedule VI.
§ 5-64-401. Criminal penalties
(a) CONTROLLED SUBSTANCE -- MANUFACTURING, DELIVERING, OR POSSESSING WITH INTENT TO MANUFACTURE OR DELIVER. Except as authorized by subchapters 1-6 of this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. Any person who violates this subsection with respect to:
..............
(4) SCHEDULE VI. A controlled substance classified in Schedule VI is guilty of a felony and shall be:
(A)
(i) Imprisoned no less than four (4) years nor more than ten (10) years or fined no more than twenty-five thousand dollars ($25,000), or both, if the quantity of the controlled substance is less than ten pounds (10 lbs.).
(ii) For any purpose other than disposition, this offense is a Class C felony;
(B)
(i) Imprisoned for no less than five (5) years nor more than twenty (20) years or fined no less than fifteen thousand dollars ($15,000) nor more than fifty thousand dollars ($50,000), or both, if the quantity of the controlled substance substance [FN1] is ten pounds (10 lbs.) or more but less than one hundred pounds (100 lbs.).
(ii) For any purpose other than disposition, this offense is a Class B felony;
(C)
(i) Imprisoned for no less than six (6) years nor more than thirty (30) years or fined no less than fifteen thousand dollars ($15,000) nor more than one hundred thousand dollars ($100,000), or both, if the quantity of the controlled substance is one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.).
(ii) For any purpose other than disposition, this offense is a Class A felony; or
(D)
(i) Imprisoned for no less than ten (10) years nor more than forty (40) years and/or fined no more than two hundred fifty thousand dollars ($250,000) if the quantity of the controlled substance is five hundred pounds (500 lbs.) or more.
(ii) For any purpose other than disposition, this offense is a Class Y felony.
...............
(d) REBUTTABLE PRESUMPTION OF INTENT TO DELIVER.
(1) Possession by any person of a quantity of any controlled substance including the mixture or substance listed in subdivision (d)(3) of this section in excess of the quantity limit set out in subdivision (d)(3) of this section creates a rebuttable presumption that the person possesses the controlled substance with intent to deliver.
(2) The presumption may be overcome by the submission of evidence sufficient to create a reasonable doubt that the person charged possessed the controlled substance with intent to deliver.
(3)(A) List of controlled substances and quantities:
(i) Cocaine -- one gram (1 g);
(ii) Codeine -- three hundred milligrams (300 mg);
(iii) Hashish -- six grams (6 g);
(iv) Heroin -- one hundred milligrams (100 mg);
(v) Hydromorphine Hydrochloride -- sixteen milligrams (16 mg);
(vi) Lysergic Acid Diethylamide (LSD) -- one hundred micrograms (100 µg);
(vii) Marijuana -- one ounce (1 oz.);
(viii) Methadone -- one hundred milligrams (100 mg);
(ix) Methamphetamine -- two hundred milligrams (200 mg);
(x) Morphine -- three hundred milligrams (300 mg);
(xi) Opium -- three grams (3 g); and
(xii) Pethidine -- three hundred milligrams (300 mg).
(B) For a controlled substance other than those listed in subdivision (d)(3)(A) of this section:
(i) Depressant drug -- twenty (20) hypnotic dosage units;
(ii) Hallucinogenic drug -- ten (10) dosage units; and
(iii) Stimulant drug -- two hundred milligrams (200 mg).
(e) IMMUNITY FOR PRACTITIONER. No civil or criminal liability shall be imposed by virtue of this chapter on any practitioner who manufactures, distributes, or possesses a counterfeit substance for use by a registered practitioner in the course of professional practice or research or for use as a placebo by a registered practitioner in the course of professional practice or research.
(f) POSSESSION IN DETENTION FACILITY -- ENHANCED PENALTIES. When any person is convicted of the unlawful possession of a controlled substance in any state criminal detention facility, county criminal detention facility, or city criminal detention facility, or any juvenile detention facility, the penalty for the offense is increased to the next higher classification of felony or misdemeanor as prescribed by law for the offense.
(h) CLEAN UP LIABILITY -- RESTITUTION.
(1) A person who violates this section is liable for the cost of the cleanup of the site where the person:
(A) Manufactured a controlled substance; or
(B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance.
(2) The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under § 5-4-205.
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