State possession law. Under state law, any person who possesses one ounce or less of marijuana commits a Class 2 petty offense, which is punishable by a fine of up to $100. State courts convicted 3,700 adults for possession of one ounce or less of marijuana in the 2005 state budget year, the most recent data available. This number does not include convictions in municipal courts, which also hear some marijuana possession cases.
Amendment 44 allows adults 21 years of age or older to possess up to one ounce of marijuana. Possession would include consumption or use, as long as it does not occur in public. It also would include transferring up to one ounce of marijuana to another individual 15 years of age or older as long as there is no compensation, although possession for those under 21 years of age would remain illegal.
Other marijuana offenses. The following marijuana offenses will continue to be illegal under state law if Amendment 44 passes:
for individuals under 21 years of age, possessing any amount of marijuana;
possessing more than one ounce of marijuana;
for individuals 18 years of age and older, transferring any amount of marijuana to a person under 15 years of age;
growing or selling marijuana;
open and public display, use, or consumption of marijuana; and
driving under the influence of marijuana.