Every charge below uses the same title, classification, fine, jail value, citation status, and legal description as the generated MDT.
Controlled-Substance Charging Guide
Controlled-substance quantities are measured using the server’s chargeable drug weight, not by guessing from the inventory icon or physical container. For direct drug items, use the standardized equivalencies below. Add together all items of the same controlled substance possessed during the same continuous incident. For marijuana, cocaine, amphetamines, and opioids, the standardized possession tiers are:Boundary rule: Exactly 250g remains Simple Possession. Exactly 1kg remains Possession. Exactly 10kg remains Felony Possession.
Inventory Drug-Weight Equivalencies
These values are the standardized chargeable weights for direct controlled-substance items currently used by the state. Item counts may be used instead of manually calculating grams when the item is listed here.Common count shortcuts: 12 cocaine or meth baggies = 240g and remain Simple Possession; 13 = 260g and move to Possession. 50 baggies = 1kg; 51 move to Felony Possession. For fentanyl, 25 baggies = 250g, 100 = 1kg, and 101 move to Felony Possession. For oxycodone, 12 pills/items = 240g, 13 = 260g, and 50 = 1kg.
Mixed forms of the same drug are aggregated. Example: one 500g cocaine batch plus twenty-five 20g cocaine baggies equals 1kg total cocaine and is charged as Possession of Cocaine. Do not split the same substance into multiple possession charges merely because it was stored in different item types.
Quick Reference
§114 — Illegal Cultivation of Marijuana
Class B Misdemeanor · Fine: $1,000 · Jail: 10 months · Cite & Release: No · Community Service: 15 tasks A person commits Illegal Cultivation of Marijuana when they knowingly cultivate marijuana beyond the quantity authorized by state law, cultivate on public property without authorization, or maintain an unlicensed commercial cultivation operation.Charging & stacking: Do not infer distribution solely from plant count; use Possession with Intent to Distribute when independent evidence establishes intent to distribute.
§115 — Simple Possession of Marijuana
Class C Misdemeanor · Fine: $250 · Jail: 0 months · Cite & Release: Eligible · Community Service: 10 tasks A person commits Simple Possession of Marijuana when they knowingly possess marijuana with a standardized chargeable weight of 250 grams or less outside an applicable lawful exception. Aggregate all direct marijuana items possessed during the same continuous incident. This offense is ordinarily cite-and-release eligible.§116 — Possession of Marijuana
Class B Misdemeanor · Fine: $750 · Jail: 10 months · Cite & Release: No · Community Service: 15 tasks A person commits Possession of Marijuana when they knowingly possess marijuana with a standardized chargeable weight of more than 250 grams and not more than 1 kilogram without lawful authorization.§117 — Felony Possession of Marijuana
Class C Felony · Fine: $2,000 · Jail: 25 months · Cite & Release: No · Community Service: 25 tasks A person commits Felony Possession of Marijuana when they knowingly possess marijuana with a standardized chargeable weight of more than 1 kilogram and not more than 10 kilograms without lawful authorization.Charging & stacking: If intent to distribute is independently established, use Possession of Marijuana with Intent to Distribute instead of stacking both offenses for the same quantity.
§118 — Possession of Marijuana with Intent to Distribute
Class B Felony · Fine: $5,000 · Jail: 35 months · Cite & Release: No A person commits Possession of Marijuana with Intent to Distribute when they knowingly possess marijuana and intend to sell, deliver, or distribute it to another person. Intent may be established by quantity together with packaging, scales, transaction records, communications, observed sales, or other corroborating evidence.Charging & stacking: Quantity or possession of cash alone is not automatically sufficient. This offense replaces simple possession for the same quantity.
§119 — Possession of Cocaine
Class C Felony · Fine: $2,500 · Jail: 25 months · Cite & Release: No · Community Service: 25 tasks A person commits Possession of Cocaine when they knowingly possess cocaine with a standardized chargeable weight of more than 250 grams and not more than 1 kilogram without lawful authorization.Charging & stacking: If intent to distribute is established, use the distribution offense rather than stacking simple possession for the same quantity.
§120 — Felony Possession of Cocaine
Class B Felony · Fine: $4,000 · Jail: 35 months · Cite & Release: No A person commits Felony Possession of Cocaine when they knowingly possess cocaine with a standardized chargeable weight of more than 1 kilogram and not more than 10 kilograms without lawful authorization.§121 — Possession of Cocaine with Intent to Distribute
Class A Felony · Fine: $7,500 · Jail: 45 months · Cite & Release: No A person commits Possession of Cocaine with Intent to Distribute when they knowingly possess cocaine with intent to sell, deliver, or distribute it. Intent must be supported by the totality of circumstances and may not be inferred from cash or packaging alone. This offense replaces possession for the same quantity.§122 — Possession of Amphetamines
Class C Felony · Fine: $2,500 · Jail: 25 months · Cite & Release: No · Community Service: 25 tasks A person commits Possession of Amphetamines when they knowingly possess amphetamines with a standardized chargeable weight of more than 250 grams and not more than 1 kilogram without lawful authorization.§123 — Felony Possession of Amphetamines
Class B Felony · Fine: $5,000 · Jail: 35 months · Cite & Release: No A person commits Felony Possession of Amphetamines when they knowingly possess amphetamines with a standardized chargeable weight of more than 1 kilogram and not more than 10 kilograms without lawful authorization.§124 — Possession of Amphetamines with Intent to Distribute
Class A Felony · Fine: $9,000 · Jail: 50 months · Cite & Release: No A person commits Possession of Amphetamines with Intent to Distribute when they knowingly possess amphetamines with intent to sell, deliver, or distribute them. Intent must be supported by the totality of circumstances. This offense replaces possession for the same quantity.§125 — Possession of Opioids
Class C Felony · Fine: $3,000 · Jail: 30 months · Cite & Release: No A person commits Possession of Opioids when they knowingly possess an unlawful opioid or opiate substance with a standardized chargeable weight of more than 250 grams and not more than 1 kilogram without lawful authorization.§126 — Felony Possession of Opioids
Class B Felony · Fine: $6,000 · Jail: 40 months · Cite & Release: No A person commits Felony Possession of Opioids when they knowingly possess an unlawful opioid or opiate substance with a standardized chargeable weight of more than 1 kilogram and not more than 10 kilograms without lawful authorization.§127 — Possession of Opioids with Intent to Distribute
Class A Felony · Fine: $10,000 · Jail: 55 months · Cite & Release: No A person commits Possession of Opioids with Intent to Distribute when they knowingly possess an unlawful opioid or opiate substance with intent to sell, deliver, or distribute it. Intent must be supported by the totality of circumstances. This offense replaces possession for the same quantity.§128 — Possession of Drug Paraphernalia
Class C Misdemeanor · Fine: $250 · Jail: 0 months · Cite & Release: Eligible · Community Service: 10 tasks A person commits Possession of Drug Paraphernalia when they knowingly possess equipment primarily designed or actually intended by them for consuming, measuring, packaging, or administering an unlawful controlled substance.Charging & stacking: Ordinary household items are not paraphernalia without evidence of unlawful drug-related use or intent.
§129 — Possession of Drug Manufacturing Materials
Class C Felony · Fine: $2,500 · Jail: 25 months · Cite & Release: No · Community Service: 25 tasks A person commits Possession of Drug Manufacturing Materials when they knowingly possess chemicals, equipment, precursors, or components with the specific intent to manufacture or process an unlawful controlled substance.Charging & stacking: Possession of lawful dual-use materials alone is insufficient.
§130 — Sale of a Controlled Substance
Class B Felony · Fine: $5,000 · Jail: 40 months · Cite & Release: No A person commits Sale of a Controlled Substance when they knowingly sell, deliver, transfer for value, or offer and take a substantial step to sell an unlawful controlled substance.Charging & stacking: For repeated, organized, or bulk distribution, consider Drug Trafficking. Do not also charge possession with intent to distribute for the exact quantity actually sold unless separate retained inventory supports it.
§225 — Manufacturing a Controlled Substance
Class A Felony · Fine: $9,000 · Jail: 50 months · Cite & Release: No A person commits Manufacturing a Controlled Substance when they knowingly produce, compound, cook, synthesize, extract, process, or otherwise manufacture an unlawful controlled substance, or operate a site substantially configured for that purpose.Charging & stacking: Possession of Drug Manufacturing Materials is a lesser offense used when manufacturing has not yet occurred. Do not stack both for the same materials when they are merely components of the completed manufacturing offense.
§226 — Drug Trafficking
Class A Felony · Fine: $12,000 · Jail: 60 months · Cite & Release: No A person commits Drug Trafficking when they knowingly participate in an organized, repeated, or bulk scheme to manufacture, transport, import, sell, or distribute controlled substances for profit or further distribution.Charging & stacking: Use Sale of a Controlled Substance for an isolated sale and possession-with-intent offenses for inventory intended for distribution where an organized trafficking scheme is not established.
§239 — Simple Possession of Cocaine
Class A Misdemeanor · Fine: $1,500 · Jail: 15 months · Cite & Release: No A person commits Simple Possession of Cocaine when they knowingly possess cocaine with a standardized chargeable weight of 250 grams or less without lawful authorization.Charging & stacking: Aggregate all direct cocaine items possessed during one continuous incident using the standardized equivalency table. Use the higher possession tier when the total chargeable weight exceeds 250 grams, and use Possession of Cocaine with Intent to Distribute when independent evidence establishes intent to distribute.
§240 — Simple Possession of Amphetamines
Class A Misdemeanor · Fine: $1,250 · Jail: 15 months · Cite & Release: No A person commits Simple Possession of Amphetamines when they knowingly possess unlawful amphetamines with a standardized chargeable weight of 250 grams or less without lawful authorization.Charging & stacking: Aggregate all direct amphetamine items possessed during one continuous incident using the standardized equivalency table. Use the higher possession tier when the total chargeable weight exceeds 250 grams, and use Possession of Amphetamines with Intent to Distribute when independent evidence establishes intent to distribute.
§241 — Simple Possession of Opioids
Class A Misdemeanor · Fine: $1,500 · Jail: 20 months · Cite & Release: No A person commits Simple Possession of Opioids when they knowingly possess an unlawful opioid or opiate substance with a standardized chargeable weight of 250 grams or less without lawful authorization.Charging & stacking: Aggregate all direct opioid items possessed during one continuous incident using the standardized equivalency table. Use the higher possession tier when the total chargeable weight exceeds 250 grams, and use Possession of Opioids with Intent to Distribute when independent evidence establishes intent to distribute.
Related Penal Code Resources
General Provisions
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