In other states, incarceration is possible, although probation and fines are often given. Under federal law, possessing a single joint (or less) of marijuana is punishable but a fine of from $1,000 to $10,000 and up to one year in prison-the same penalty as for possessing small amounts of heroin, powder cocaine, and crack cocaine. State penalties for possessing a few ounces or more of marijuana range form a low of six months’ imprisonment in some states to possible life imprisonment in others.Penalties for marijuana sale also vary from state to state. Ten states have a maximum sentence of five years or less and eleven states have a maximum penalty of thirty years or more. Under federal law and in six states, marijuana importers and traffickers can be punished with life in prison. In some states, cultivation of a few marijuana plants for personal use is punished as severely as large-scale trafficking and sale. National Criminal Justice Association, A Guide to State Controlled Substances Acts, Washington, DC (1991) ;Bureau of Justice Statistics, Drugs, Crime and the Justice System, Washington, DC: U.S. Department of Justice (1992),pp.178-81; Thomas, C., Citizens’ Guide to Marijuana Laws, Washington, DC; National Organization for the Reform of Marijuana Laws (1994). There has been no systematic compilation of imprisonment rates for marijuana offenses in the U.S. However, data from the federal prison system and from a number of states indicate that substantial numbers of marijuana law violators are being incarcerated. The trend is toward increased incarceration not only for marijuana sale, but also for possession. For example:An average of 3,677 marijuana offenders have been put in federal prison each year since 1990. This compares to an average of about 1,900 per year in the 1980’s and about 1,200 per year in the 1970’s. (Federal Bureau of Prisons) Given a current average sentence of about four years ...
