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Offenses Involving Marijuana

§ 221.05 Unlawful possession of marijuana

A person is guilty of unlawful possession of marijuana when he knowingly and unlawfully possesses marijuana.  Unlawful possession of marijuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

§ 221.10 Criminal possession of marijuana in the fifth degree

A person is guilty of criminal possession of marijuana in the fifth degree when he knowingly and unlawfully possesses:

  1. marijuana in a public place, as defined in section 240.00 of this chapter, and such marijuana is burning or open to public view; or
  2. one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.  

Criminal possession of marijuana in the fifth degree is a class B misdemeanor.

§ 221.15 Criminal possession of marijuana in the fourth degree

A person is guilty of criminal possession of marijuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces.  
Criminal possession of marijuana in the fourth degree is a class A misdemeanor.

§ 221.20 Criminal possession of marijuana in the third degree

A person is guilty of criminal possession of marijuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than eight ounces. 
Criminal possession of marijuana in the third degree is a class E felony.

§ 221.25 Criminal possession of marijuana in the second degree

A person is guilty of criminal possession of marijuana in the second degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.  
Criminal possession of marijuana in the second degree is a class D felony.

§ 221.30 Criminal possession of marijuana in the first degree

A person is guilty of criminal possession of marijuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than ten pounds.  
Criminal possession of marijuana in the first degree is a class C felony.

§ 221.55 Criminal sale of marijuana in the first degree

A person is guilty of criminal sale of marijuana in the first degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces. 
Criminal sale of marijuana in the first degree is a class C felony.

§ 221.50 Criminal sale of marijuana in the second degree

A person is guilty of criminal sale of marijuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana to a person less than eighteen years of age.  
Criminal sale of marijuana in the second degree is a class D felony.

§ 221.45 Criminal sale of marijuana in the third degree

A person is guilty of criminal sale of marijuana in the third degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.  
Criminal sale of marijuana in the third degree is a class E felony.

§ 221.15 Criminal sale of marijuana in the fourth degree

A  person is guilty of criminal possession of marihuana in the fourth degree when  he knowingly  and unlawfully  possesses one   or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces.
Criminal possession of marihuana in the fourth degree is a class A misdemeanor.

§ 221.35 Criminal sale of marijuana in the fifth degree

A person is guilty of criminal sale of marijuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marijuana.  
Criminal sale of marijuana in the fifth degree is a class B misdemeanor.

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