Idaho Marijuana Laws ( Conservative as HELL)

Possession
Under the influence or use in public	misdemeanor	6 months	$1,000
3 oz or less	misdemeanor	1 year	$1,000
More than 3 oz	felony	5 years	$10,000
Sale or Cultivation
Less than 1 lb (24 plants)	felony	5 years	$15,000
1 to 5 lbs (25 - 49 plants)	felony	1 year MMS*	$5,000 - $50,000
5 to 25 lbs (50 - 99 plants)	felony	3 years MMS*	$10,000 - $50,000
More than 25 lbs (100 or more plants)	felony	5 years MMS*	$15,000 - $50,000
Sale to minor 3 years younger than seller	felony	double penalty	double penalty
Sale where minors present	felony	5 years	$5,000
*Mandatory minimum sentence
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Present where knowledge of drug activity occurs	misdemeanor	90 days	$300
Paraphernalia possession	misdemeanor	1 year	$1,000
Paraphernalia sale or manufacture	felony	9 years	$30,000
Any second offense can double penalty.

Details

It is a crime to be under the influence of marijuana in a public place or to use marijuana in a public place, punishable by up to six months in jail and a fine of up to $1,000. The penalty for possession of three ounces or less of marijuana is up to one year in jail and a fine of up to $1,000. Possession of greater than three ounces is a felony and punishable by up to 5 years in prison and a fine of up to $10,000. The penalty for cultivation, sale or distribution of less than one pound (or less than 25 plants) is a prison term of up to five years and a fine of up to $15,000. Cultivation, sale or distribution of amounts greater than one pound are all subject to mandatory minimum sentences. The maximum possible punishment for any cultivation, sale or delivery is 15 years in prison and a fine of up to $50,000. For amounts of one pound or more (or more than 24 plants) the punishment is a mandatory minimum sentence of one year in prison and a fine of not less than $5,000. Cultivation, sale or distribution of five pounds or more (or more than 49 plants) is punishable by a mandatory minimum prison term of three years and a fine of not less than $10,000. For amounts of 25 pounds or more (or more than 99 plants) the punishment is a mandatory minimum sentence of five years in prison and a fine of not less than $15,000. Any sale to a minor, at least three years younger than the seller, doubles the possible prison sentence. Any sale on premises where minors are present is punishable by up to five years in prison and a fine of up to $5,000. It is also a crime to be present in a place where the person knows that there is illegal drug activity taking place and is punishable by up to 90 days in jail and a fine of up to $300. Possession of paraphernalia is punishable by up to one year in jail and a fine of up to $1,000. Sale or manufacture of paraphernalia is punishable by up to nine years in prison and a fine of up to $30,000. Any second conviction for a drug offense can double the possible penalties. Idaho also has a tax stamp law enacted on marijuana Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .

California Marijuana Law Breakdown

		Incarceration	Fine
Possession
28.5 g or less	misdemeanor	none	$100
More than 28.5 g	misdemeanor	6 months	$500
28.5 g or less on school grounds while school open (over 18 yers old)	misdemeanor	10 days	$500
More than 28.5 g on school grounds while school open (over 18 yers old)	misdemeanor	6 months	$500
Cultivation
Any amount (exception for patients or caregivers)	felony	16 - 36 months	none
Sale
Gift of less than 28.5 g	misdemeanor	none	$100
Any amount	felony	2 - 4 years	none
28.5 g or less by a minor	misdemeanor	none	$250
Any amount to a minor over 14 years old	felony	3 - 5 years	none
Any amount to a minor under 14 years old (includes offering, inducing, distributing, or employing)	felony	3 - 7 years	none
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Any conviction of minor under 21 causes driver's license suspension for 1 year.

Details

Possession of 28.5 grams or less of marijuana is not an arrestable offense. As long as the offender can provide sufficient identification and promises to appear in court, the officer will not arrest the offender. Upon conviction of the misdemeanor charge the offender is subject to a fine of $100. Possession of greater than 28.5 grams is punishable by up to six months in jail and a fine of up to $500. Possession of 28.5 grams or less of marijuana on school grounds when the school is open is punishable by up to 10 days in jail and a $500 fine. Possession of greater than 28.5 grams or more of marijuana in a school zone is punishable by up to six months in jail and a fine of up to $500. The cultivation or processing of any amount of marijuana is punishable by up to sixteen months in state prison. There is an exception to the cultivation prohibition for patients or patients’ caregivers who possess or cultivate for personal use by the patient upon approval of a physician. The laws regarding possession and cultivation of marijuana do not apply to patients or patients’ primary caregivers who possess or cultivate marijuana for the personal medical use of the patient, upon the recommendation or approval of a physician. Selling marijuana in any amount is punishable by 2 – 4 years in the state prison. Giving away less than 28.5 grams is a misdemeanor and is punishable by a fine of up to $100. Sale of marijuana to a minor is punishable by 3 – 5 years in prison. For anyone under the age of 21 convicted of any of the above offenses, the state may suspend the offender’s driver’s license for up to one year. Possession of paraphernalia is a civil fine of $200-$300 for the first offense and goes up to $5,000-$6,000 for a fifth or subsequent violation within a five-year periood.

Medical Marijuana Breakdown

Medical Marijuana

SUMMARY: Fifty-six percent of voters approved Proposition 215 on November 5, 1996. The law took effect the following day. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act. Conditions typically covered by the law include but are not limited to: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis. No set limits regarding the amount of marijuana patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.

AMENDMENTS: Yes. Senate Bill 420, which was signed into law in October 2003 and took effect on January 1, 2004, imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess. Under the guidelines, qualified patients and/or their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when such quantities are recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.

Senate Bill 420 also mandates the California Department of State Health Services to establish a voluntary medicinal marijuana patient registry, and issue identification cards to qualified patients. To date, however, no such registry has been established.

Senate Bill 420 also grants implied legal protection to the state's medicinal marijuana dispensaries, stating, "Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients ... who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions."

MEDICAL MARIJUANA STATUTES: California Compassionate Use Act 1996, (Act; Health & Saf. Code, § 11362.5, added by voter initiative, Prop. 215, Gen. Elec. (Nov. 5, 1996)).

Ohio marjuana Laws.. source Norml.org

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving:Ohio has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances.

Under Ohio's law, motorists with detectable levels of THC in the blood above 2 ng/ml or detectable levels of THC-COOH in the urine above 15 ng/ml are guilty of DUID. (Ohio Revised Code Annotated Section 4511.19, Amended by Senate Bill 8)

Penalty:

• If violated, a mandatory jail term of three consecutive days (seventy-two consecutive hours.) The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, iProxy-Connection: keep-alive
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  no case shall the cumulative jail term imposed for the offense exceed six months.
• The court may suspend the execution of the three-day jail term under this division if the court, in lieu of that suspended term, places the offender under a community control sanction and requires the offender to attend, for three consecutive days, a drivers' intervention program.
• License may be suspended from a definite period of six months to three years.

Ohio's law took effect in August 2006.

Every state has DUID (driving under the influence of drugs) legislation on the books. These laws fall into three distinct categories: Effect-Based DUID Laws, Per Se DUID Laws, "Zero Tolerance" Per Se Laws. For more information see NORML's report on Drugged Driving(DUID).

Possession
Less than 100 g	minor misdemeanor***	none	$100
100 g to 200 g	misdemeanor of 4th degree	not more than thirty days and/or fine	$250
200 g to 1000 g	5th degree felony	6 months - 1 year and/or fine	$2,500
1000 g to 5000 g	3rd degree felony	1 - 5 years and/or fine	$10,000
5000 g to 20,000 g	3rd degree felony	1 - 5 years** and/or fine	$10,000
20,000 g or more	2nd degree felony	2-8* years and/or fine	$15,000
*Mandatory minimum sentence. **Presumption of prison. ***A minor misdemeanor does not create a criminal record in Ohio
Cultivation
Less than 100 g	minor misdemeanor***	none	$100
100 g to 200 g	4th degree misdemeanor	not more than 30 days and/or fine, if near school or juvenile- 3rd degree misdemeanor and/or fine	$250-$500
200 g to 1000 g	5th degree felony	6 months-1 year and/or fine, if near school or juvenile-4th degree felony 6-18 months and/or fine	$2500- $5000
1000 g to 5000 g	3rd degree felony	1-5 years and/or fine, if near school or juvenile -2nd degree felony 2-8 years and/or fine	$10,000- $15,000
5000 g to 20,000 g	3rd degree felony	1-5 years and/or fine, if near school or juvenile -2nd degree felony 2-8 years and/or fine**	$10,000- $15,000
20,000 g or more	2nd degree felony	2-8 years MMS* and/or fine	$15,000
Any possession less than 5,000 may be probation only. *Mandatory minimum sentence. **Presumption of prison ***A minor misdemeanor does not create a criminal record in Ohio
Sale/Distribution
gift of 20 g or less	minor misdemeanor***	none	$100
less than 200 g	felony	6 - 18 months	variable
200 g to 600 g	felony	1 - 5 years	variable
600 g or more	felony	6 months MMS*	variable
To minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictions	felony	increased penalty	increased penalty
*Mandatory minimum sentence. ***A minor misdemeanor does not create a criminal record in Ohio
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession	misdemeanor	30 days	$750
Paraphernalia sale	misdemeanor	90 days	$1,000
Any drug conviction causes driver's license suspension for 6 months to 5 years. Professional licenses are suspended.

Details

Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $100. Possession of 100 grams or more is punishable by a fine of up to $250. For possession of 200 grams or more, the penalty increases to a possible sentence of 6 months - one year in jail. Possession of 1,000 grams or more is punishable by 1 - 5 years in prison. Any possession of less than 5,000 grams does not carry the presumption of prison, which leaves available the possibility of probation. Possession of 5,000 grams of marijuana or more is punishable by 1 - 5 years in prison. For any amount or 20,000 grams or more the penalty increases to a mandatory minimum sentence of eight years in prison. Delivery of 20 grams or less, for no remuneration, is considered possession and is punished with a fine of $100. Sale or distribution of less than 200 grams carries a penalty of 6 - 18 months in jail. Sale or distribution of 200 grams or more is punishable by 1 - 5 years in prison. Sale or distribution of 600 grams or greater carries a mandatory minimum sentence of six months and a possible 2 - 8 year sentence. Sale to minors, sale within 1,000 feet of a school, sale within 100 feet of a juvenile, and previous felony drug convictions all increase the penalty for the sale or distribution of marijuana. Possession of paraphernalia is punishable by up to 30 days in jail and sale of paraphernalia is punishable by up to 90 days in jail. For all drug convictions, the offender's driver's license is also suspended for a period of 6 months - 5 years. This does not apply to minor misdemeanor violations for marijuana possession. Professional licenses are also suspended.

California State Agencies Must Enforce Medical Marijuana Law

Under our federalist system of government, the states, rather than the federal government, are entrusted to exercise a general police power for the benefit of their citizens. Due to this constitutional division of authority between the federal government and the states, the State of California may elect to decriminalize conduct, such as medical marijuana activity, which remains illegal under federal law. Even if law enforcement officers take a personal position on any conflict between state and federal law, they are bound by California's Constitution to uphold state law. Under California's medical marijuana laws, patients and caregivers are exempt from prosecution by the State of California, notwithstanding contrary federal law.

In People v. Tilehkooh (2003), the court found that California courts "long ago recognized that state courts do not enforce the federal criminal statutes." The same court also stated "the federal criminal law is cognizable as such only in the federal courts." InPeople v. Kelly (1869), it was determined that "State tribunals have no power to punish crimes against the laws of the United States as such. The same act may, in some instances, be an offense against the laws of both, and it is only an offense against the State laws that it can be punished by the State, in any event."

More recently, in 2006, California Attorney General Bill Lockyer provided clarification on the role and responsibility of the state in upholding medical marijuana law. In a case where ASA is assisting a patient in seeking the return of his unlawfully seized medicine (Case #A108328), a Superior Court ruled against the patient, claiming that, "[medical marijuana cultivation is] still illegal under federal law." On appeal, Lockyer dismissed the entire federal law argument by stating that, "the continuing prohibition of marijuana possession under federal law" does not come into play. Instead, Lockyer "acknowledges that - both generally and in the specific context of interpreting the Compassionate Use Act - it is not the province of state courts to enforce federal laws."

Federal Marijuana Law

The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. § 811), which does not recognize the difference between medical and recreational use of marijuana. These laws are generally applied only against persons who possess, cultivate, or distribute large quantities of marijuana.

Under federal law, marijuana is treated like every other controlled substance, such as cocaine and heroin. The federal government places every controlled substance in a schedule, in principle according to its relative potential for abuse and medicinal value. Under the CSA, marijuana is classified as a Schedule I drug, which means that the federal government views marijuana as highly addictive and having no medical value. Doctors may not "prescribe" marijuana for medical use under federal law, though they can "recommend" its use under the First Amendment.

The Drug Enforcement Administration (DEA), charged with enforcing federal drug laws, has taken a substantial interest in medical marijuana patients and caregivers in general, and large cultivation and distribution operations more specifically. Over the past few years, dozens of people have been targets of federal enforcement actions. Many of them have either been arrested or had property seized. More than a hundred are currently in prison or are facing charges or ongoing criminal or civil investigations for their cultivation or distribution of medical marijuana.

The DEA, like local enforcement agencies, can choose how to make the best use of its time. Ideally, the DEA will leave medical marijuana patients and their caregivers alone. But federal law does not yet recognize medical marijuana, and the DEA is currently allowed to use the Controlled Substances Act to arrest people for its use. In many pending and past cases, the DEA and U.S. Attorney's office have used exaggerated plant numbers and inflammatory rhetoric, as well as informants who trade jail time for testimony, to justify enforcing federal laws against medical marijuana patients and caregivers in California and other states.

Federal marijuana laws are very serious, and punishment for people found guilty is frequently very steep. Federal law still considers marijuana a dangerous illegal drug with no acceptable medicinal value. In several federal cases, judges have ruled that medical marijuana cannot be used as a defense, though defense attorneys should attempt to raise the issue whenever possible during trial. Federal law applies throughout California and the United States, not just on federal property. The key to federal property is that they are more likely than non-federal property to have federal officials monitoring it who will bust medical marijuana patients. Most likely, even if a patient is arrested and charged with a minor possession offense, he will be referred to the state authorities where he can assert a medical marijuana defense.

There are two types of federal sentencing laws: sentencing guidelines, enacted by the United States Sentencing Commission, and mandatory sentencing laws, enacted by Congress. The Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. The current mandatory minimum sentences were enacted in a 1986 drug bill.

Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. Not all marijuana convictions require jail time under federal sentencing guidelines, but all are eligible for imprisonment. If convicted and sentenced to jail, a minimum of 85% of that sentence must be served. The higher the marijuana amount, the more likely one is to be sentenced to jail time, as opposed to probation or alternative sentencing. Low-level offenses, even with multiple prior convictions, may end up with probation for the entire sentence of one to twelve months, and no jail time required. Possession of over 1 kg of marijuana with no prior convictions carries a sentence of six to twelve months with a possibility of probation and alternative sentencing. Over 2.5 kg with no criminal record carries a sentence of at least six months in jail; with multiple prior convictions, a sentence might be up to two years to three years in jail with no chance for probation.

In United States v. Booker (2005), a Supreme Court decision from January 2005, the court ruled that the federal sentencing guidelines (as outlined above) are advisory and no longer mandatory. However, many federal judges continue to give great deference to the guidelines.

In addition to the sentencing guidelines, there are statutory mandatory minimum sentences, which remain in effect after United States v. Booker and primarily target offenses involving large amounts of marijuana. There is a five-year mandatory minimum for cultivation of 100 plants or possession of 100kgs, and there is a ten-year mandatory minimum for these offenses if the defendant has a prior felony drug conviction. Cultivation or possession of 1000kg or 1000 plants triggers a ten-year mandatory minimum, with a twenty-year mandatory sentence if the defendant has one prior felony drug conviction, and a life sentence with two prior felony drug convictions. To avoid a five-year mandatory minimum, it is advisable to stay well below 100 plants, including any rooted cuttings or clones.

Potential Essay Structure

1. Introduction Paragraph

2. National Marijuana Laws

3. California Marijuana Laws

4. Advantages of the California Marijuana Laws

5. Disadvantages of the California Marijuana Laws

6. Ohio Marijuana Laws

7. Advantages of the Ohio Marijuana Laws

8. Disadvantages of the Ohio Marijuana Laws

9. Where i personally stand on the contridicting marijuana laws

10. Conclusion

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