Marijuana Misdemeanor Laws and Penalties

All criminal offenses in the United States are classified as either misdemeanors or felonies, according to the severity of the crime. Misdemeanors are criminal offenses of low severity, and are not as serious as felonies. Common misdemeanors include driving under the influence of alcohol (DUI), prostitution, reckless driving, vandalism, and drug possession. Certain laws regarding misdemeanors vary from state to state.

Marijuana Possession Laws

Drug possession is a criminal offense; depending on the state and the case, it can be either a misdemeanor or a felony, though it is usually a misdemeanor. Possession of marijuana, except by authorized patients or their professional caretakers, is a misdemeanor under the laws of California. California Health and Safety Code 11018 declares that “marijuana means all parts of the plant Cannabis sativa L., whether growing or not.” The seeds of the cannabis plant and also the resin that is extracted from the plant are considered to be part of the plant.

The term "marijuana" also refers to any compound, slat, derivative, or mixture that is manufactured from the Cannabis plant. The mature stalks of the plant and the fiber that is produced from them, however, are not included in this definition. A marijuana misdemeanor in California is punishable by a fine of up to $100. However, any person found possessing or cultivating marijuana in California with the intention to sell it will be charged with a felony. Selling, distributing, or transporting marijuana within the state of California is a felony, not a misdemeanor.

In Atlanta, Georgia, any person found possessing one ounce or less of marijuana will be charged with a misdemeanor. Individuals of any age can be accused of a marijuana misdemeanor. Marijuana misdemeanors are sometimes settled by a plea of conditional discharge from the defendant.

In Ohio, misdemeanors are classified as minor misdemeanors or as misdemeanors of the first, second, third, fourth, or fifth degree, depending on the amount of marijuana in the possession of the accused. Possession of less than 100 grams of marijuana is regarded as a minor misdemeanor, and is not punishable by a jail sentence. Cultivation of marijuana is a misdemeanor in Ohio, as is selling marijuana to persons under 18 years of age and selling marijuana within 1000 feet of any school. A previous felony on the offender's record increases the penalty for a marijuana misdemeanor.

Ohio law states that an offender’s driver’s license will be suspended for any drug conviction. As the amount of marijuana in the possession of an offender increases, so does the punishment. Those accused of marijuana possession may have to pay a fine of up to $15,000 and serve a sentence of two to eight years in prison.

In the state of Pennsylvania, a person found to be in possession of 30 grams or less of marijuana will face a a 30 day prison sentence, a fine of $500, or both. If the amount of marijuana in possession is greater than 30 grams, the penalty may be increased to a sentence of one year, a fine of $5,000, or both. If any person is found to be operating any kind of motor vehicle under considerable influence of a drug, he or she will be penalized accordingly.

Obtaining More Information on Marijuana Misdemeanors

The term “possession” in all these cases implies possession for personal use. If a person is found to be in possession of marijuana for any other purpose, such as selling it to others, the penalty is more severe.

Information on marijuana misdemeanors in each county can be obtained from the official state websites. Each state maintains its own records of all criminal cases, including misdemeanor cases and the convictions and sentences associated with them. The records also contain information on the offenders or the inmates in correctional institutions. Accessing that information will reveal details about the offenders as well.