Drug Offense

Drug offenses may be classified as misdemeanors or a felonies depending on the amount or type of drug allegedly possessed. Most charges involving possession of cannabis are misdemeanors. Possession of drug paraphernalia (pipes, papers, roach clips, etc.) carry a minimum fine of $750.00.

All cases involving controlled substances (heroin or cocaine, etc., -no matter what amount) or large amounts of cannabis are charged as felonies. (See chart below for classifications and maximum penalties)

Thea has successfully represented many clients with drug charges. Most clients have avoided serving any jail time; most have received supervision or probation.

Competitive fees; payment plans can be arranged.

		Incarceration	Fine
Possession
2.5 g or less	misdemeanor	30 days*	$1,500
2.5 to 10 g	misdemeanor	6 months*	$1,500
10 to 30 g	misdemeanor	1 year*	$2,500
30 to 500 g (first charge)	felony	1 - 3 years	$25,000
30 to 500 g (subsequent offense)	felony	2 - 5 years	$25,000
500 to 2,000 g	felony	2 - 5 years	$25,000
2,000 to 5,000 g	felony	3 - 7 years	$25,000
More than 5,000 g	felony	4 - 15 years	$25,000
*Eligible for 24 month probation with first conviction, dismissal of charges upon completion of probation.
Cultivation
5 plants or less	misdemeanor	1 year*	$2,500
5 to 20 plants	felony	1 - 3 years*	$25,000
20 to 50 plants	felony	2 - 5 years*	$25,000
More than 50 plants	felony	3 - 7 years	$100,000
*Eligible for 24 month probation with first conviction, dismissal of charges upon completion of probation.
Sale or Trafficking
Casual delivery (without sale)	see Possession
2.5 g or less In school zone	misdemeanor	6 months* 1 year*	$1,500 $2,500
2.5 to 10 g In school zone	misdemeanor felony	1 year* 1 - 3 years*	$2,500 $25,000
10 to 30 g In school zone	felony felony	1 - 3 years* 2 - 5 years*	$25,000 $50,000
30 to 500 g In school zone	felony felony	2 - 5 years 3 - 7 years	$50,000 $100,000
500 to 2,000 g In school zone	felony felony	3 - 7 years 4 - 15 years	$100,000 $200,000
2,000 to 5,000 g	felony	4 - 15 years	$150,000
More than 5,000 g	felony	6 - 30 years	$200,000
Traffic more than 2,500 g across state lines	felony	double penalty	double penalty
Sale to minor 3 years younger than seller	felony	double penalty	double penalty
*Eligible for 24 month probation with first conviction, dismissal of charges upon completion.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc... )
Any conviction can cause additional fine of full street value.

Details

Possession of 2.5 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $1,500. Possession of greater than 2.5 grams is punishable by up to six months in jail and a fine of up to $1,500. Possession of greater than 10 grams is punishable by up to one year in jail and a fine of up to $2,500.

All possession of greater than 30 grams is considered a felony. Possession of greater than 30 grams is punishable by 1 - 3 years in prison and a fine of up to $25,000. For a subsequent conviction, the penalty increases to 2 - 5 years in prison and a fine of up to $25,000. For possession of greater than 500 grams, the penalty is 2 - 5 years in prison and a fine of up to $25,000. For possession of greater than 2,000 grams the penalty is 3 - 7 years in prison and a fine of up to $25,000. For any possession of an amount greater than 5,000 grams the penalty is 4 - 15 years in prison and a fine of up to $25,000.

The cultivation of no more than five marijuana plants is a misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. Cultivation of more than five plants is a felony, punishable by 1 - 3 years in prison and a fine of up to $25,000. Cultivation of more than 20 plants is punishable by 2 - 5 years in prison and a fine of up to $25,000. The penalty for cultivation of more than 50 plants is 3 - 7 years in prison and a fine of up to $100,000.

Casual delivery of marijuana is treated as possession. Manufacture or delivery of 2.5 grams or less is considered a misdemeanor and is punishable by up to six months in jail and a fine of up to $1,500, unless activity occurred in school zone, then up to one year in jail and a fine of up to $2,500. Manufacture or delivery of greater than 2.5 grams is punishable by up to one year in jail and a fine of up to $2,500 (in school zone: 1 - 3 years in prison and a fine of up to $25,000). For manufacture or delivery of greater than 10 grams the penalty is 1 - 3 years in prison and a fine of up to $25,000 (in school zone: 2 - 5 years in prison and a fine of up to $50,000). For manufacture or delivery of more than 30 grams the penalty is 2 - 5 years in prison and a fine of up to $50,000 (in school zone: 3 - 7 years in prison and a fine of up to $100,000). The penalty for manufacture or delivery of greater than 500 grams is 3 - 7 years in prison and a fine of up to $100,000 (in school zone: 4 -15 years in prison and a fine of up to $200,000). The penalty for manufacture or delivery of greater than 2,000 grams is 4 - 15 years in prison and a fine of up to $150,000. Any manufacture or delivery of amounts greater than 5,000 grams is punishable by 6 - 30 years in prison and a fine of up to $200,000.

Bringing more than 2,500 grams into the state for manufacture or delivery is considered trafficking and the penalties are doubled. Any sale to a minor at least three years younger than the seller also doubles the penalty and fine.

When convicted of a drug-related offense, the court may impose an additional fine of at least the full street value of the marijuana seized.

For any first conviction for possession of less than 30 grams, cultivation of any amount or manufacture or delivery of less than fifty plants, the court can defer judgment, place the offender on probation for 24 months and upon successful completion of the probation the court can discharge the proceedings.