Marijuana State by State At a glance In 1970, Congress passes the Controlled Substances Act Schedule I Drug August 2013, U.S. Justice Department said it wouldn't challenge Colorado or other states with laws legalizing recreational marijuana Illegal to manufacture, distribute or possess marijuana in the United States Twenty-seven states and the District of Columbia have either legalized medical marijuana or decriminalized marijuana possession or both Ballot initiatives are coming in 2016 to such states as California, Massachusetts, Maine, Nevada and Arizona other states https://www.youtube.com/watch?v=dA-OU1XZzek https://www.youtube.com/watch?v=TNqwtqMFDC4 Colorado: Growing Marijuana Both medicinal and recreational use legalized Growers require a separate license in order to grow either medicinal or recreational marijuana Awarded license to grow by the state Growers often have several licenses covering a wide range of marijuana related products (edibles, infusions, ointments, etc. ) Colorado: Buying Marijuana Strict enforcement of medical marijuana use Taxes much lower than on recreational marijuana (just standard sales tax) Recreational marijuana can be taxed up to 30% of the original value of the purchase in some cities Includes sales tax, a special state tax, and then local taxes Local taxes can vary based on regulations imposed by local governments Recreational marijuana prices are 50-100 percent higher than medical marijuana prices Colorado: Buying Marijuana (continued) Who can buy recreational marijuana? How much marijuana can I buy? Must be 21 with valid ID The legal amount for someone with an in state ID can buy up to an ounce, while someone with an out of state ID can buy up to a quarter of an ounce You can make multiple stops to the same dispensary in a day You can go from dispensary to dispensary buying marijuana How are marijuana purchases monitored? You will always be on camera so that the entirety of your face can be seen The government will not monitor your daily purchases of marijuana as outlined in Amendment 64 Colorado: Where can I smoke? Clean Indoor Air Act Public consumption is absolutely banned and is cause for a fine Smoking marijuana is banned anywhere that smoking cigarettes is also banned You must go to your home or another's private residence where it is completely up to the home owner if you are allowed to smoke there Ski resorts and national parks Most of Colorado’s ski resorts and all of its national parks are federal property, meaning that you will be breaking a federal law Punishment can be up to 6 months in jail and a $5000 dollar fine Colorado: Benefits at a glance Colorado: Benefits at a glance Decrease in teen use Lowest recorded fatal traffic fatalities Decreased marijuana related arrests Increased tax revenue Colorado ranked as one of the fastest growing economies Colorado: Consequences of legalization Pesticides Regulation Marijuana related DUI’s Illegal transportation across state borders Colorado sued by Kansas and Oklahoma Homeless population explosion Other teen related incidents Expulsions, hospital room visits, educational issues stemming from marijuana use, etc. Medical Marijuana States Must have a license or a prescription provided by a doctor There are different health conditions that someone must have in order to qualify to use medical marijuana One could possibly grow their own marijuana at home Varies state to state How much and if at all varies state to state as well State licensed dispensaries can vary as well even though medical marijuana might be legalized in that state New Jersey: Qualifying for Medical Marijuana Amyotrophic Lateral Sclerosis (ALS) Cancer (includes associated chronic pain and/or severe nausea) Crohn's disease Glaucoma HIV/AIDS (includes associated chronic pain and/or severe nausea) Inflammatory bowel disease (IBD) Multiple Sclerosis Muscular Dystrophy Seizure and/or spasticity disorders Any terminal illness if a doctor has determined the patient will die within a year Decriminalized states Decriminalization means no arrest, prison time, or criminal record for the first-time possession of a small amount of marijuana for personal consumption Essentially equates to a minor traffic violation The amount of marijuana one can have before it is a misdemeanor or felany varies from state to state Virginia and Marijuana Offense Possession Less than 1/2 oz (first offense) Misdemeanor Less than 1/2 oz (subsequent offense) Misdemeanor Sale/Manufacture/Trafficking 1/2 oz - 5 lbs Felony 5 lbs - 100 kg Felony More than 100 kg Felony To a minor who is at least 3 years Felony younger Within 1000 ft of a school or school bus Felony stop Manufacture of marijuana Felony Transporting more than 5 lbs into the Felony state Includes possession with intent to distribute * Mandatory minimum sentence Hash & Concentrates Possessing hashish oil Felony Manufacturing, selling, giving, Felony distributing, or possessing with intent Penalty Incarceration 30 days 1 year Max. Fine $ 500 $ 2,500 1* - 10 years 5* - 30 years 20 years* - life 2* - 50 years $ 2,500 $ 1,000 $ 100,000 $ 100,000 1* - 5 years $ 100,000 5* - 30 years 5* - 40 years 1 - 10 years 5 - 40 years Bringing more than 1 oz of hashish oil Felony 5 - 40 years into the state Subsequent offenses carry greater penalties Paraphernalia Sale or possession with intent to sell Misdemeanor 1 year paraphernalia To a minor who is at least 3 years Felony 1 year younger Civil Asset Forfeiture Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought. Miscellaneous Maintaining a fortified drug house Felony 1* - 10 years A convicted person shall be deprived of driving privileges for 6 months. * Mandatory minimum sentence $ 10,000 $ 1,000,000 $ 2,500 $ 500,000 $ 1,000,000 $ 2,500 $ 2,500 N/A New Jersey and Marijuana Offense Penalty Possession 50 g or less Disorderly Person 6 months More than 50 g Crime 1.5 years Within 1000 feet of a school adds 100 hours of community service, as well as an additional fine. Distribution Less than 1 oz Crime 1.5 years 1 oz - less than 5 lbs Crime 3* - 5 years 5 - less than 25 lbs Crime 5* - 10 years 25 lbs or more Crime 10* - 20 years Within 1000 feet of a school or school bus Crime 3* - 5 years Includes possession with the intent to distribute To minors or pregnant women carries a double term of imprisonment and fine. * Mandatory minimum sentence Cultivation 1 oz - less than 5 lbs (less than 10 plants) Crime 5 - less than 25 lbs (10 - less than 50 plants) Crime Incarceration Max. Fine $ 1,000 $ 25,000 $ 25,000 $ 25,000 $ 150,000 $ 300,000 $ 150,000 3* - 5 years 5* - 10 years $ 25,000 $ 150,000 Crime 10* - 20 years $ 300,000 Disorderly Person Crime Crime 6 months 6 months 18 months $ 1,000 $ 25,000 $ 10,000 Crime 3* - 5 years $ 25,000 Manufacturing, distributing, dispensing, or Crime possessing with intent of 1 lb - less than 5 lbs 5* - 10 years $ 150,000 Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more Within 1000 feet of a school or school bus Crime 10* - 20 years $ 300,000 Crime 3* - 5 years $ 150,000 More than 25 lbs (50 plants or more) * Mandatory minimum sentence Hash & Concentrates Possession of 5 g or less Possession of more than 5 g Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g Manufacturing, distributing, dispensing, or possessing with intent of 5 g - less than 1 lb * Mandatory minimum sentence Paraphernalia Possession or use of paraphernalia Disorderly Person 6 months $ 1,000 Sale of paraphernalia Crime 18 months $ 10,000 Miscellaneous Failure to turn over marijuana to a police officer is a misdemeanor. Being under the influence of marijuana is a misdemeanor. Potential punishment is listed below in Penalty Details. If under 17 year, driving privileges shall be suspended for 6 months - 2 years https://www.youtube.com/watch?v=3N8QMeIsX2c
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