Controlled Substances
Possession, cultivation, manufacture, sale, and trafficking of controlled substances.Every charge below uses the same title, classification, fine, jail value, citation status, and legal description as the generated MDT SQL.
Controlled-Substance Charging Guide
For cocaine, amphetamines, and opioids, the standardized quantity tiers are: 250g or less = Simple Possession; more than 250g through 1kg = Possession; more than 1kg through 10kg = Felony Possession. Marijuana retains its separately listed tiering. Possession with Intent to Distribute requires evidence of intent beyond possession alone. Packaging, scales, transaction records, communications, observed sales, and other corroborating facts may establish intent; cash by itself does not. The intent-to-distribute charge replaces simple possession for the same quantity.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 in a total quantity of 250 grams or less outside an applicable lawful exception. 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 more than 250 grams and not more than 1 kilogram of marijuana 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 more than 1 kilogram and not more than 10 kilograms of marijuana 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 more than 250 grams and not more than 1 kilogram of cocaine 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 more than 1 kilogram and not more than 10 kilograms of cocaine 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 more than 250 grams and not more than 1 kilogram of amphetamines 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 more than 1 kilogram and not more than 10 kilograms of amphetamines 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 more than 250 grams and not more than 1 kilogram of an unlawful opioid or opiate substance 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 more than 1 kilogram and not more than 10 kilograms of an unlawful opioid or opiate substance 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 250 grams or less of cocaine without lawful authorization.Charging & stacking: Aggregate the same substance possessed during one continuous incident. Use the higher possession tier when the total quantity 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 250 grams or less of unlawful amphetamines without lawful authorization.Charging & stacking: Aggregate the same substance possessed during one continuous incident. Use the higher possession tier when the total quantity 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 250 grams or less of an unlawful opioid or opiate substance without lawful authorization.Charging & stacking: Aggregate the same substance possessed during one continuous incident. Use the higher possession tier when the total quantity exceeds 250 grams, and use Possession of Opioids with Intent to Distribute when independent evidence establishes intent to distribute.
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