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Of these state ordered drug possession sentences, approximately 33 percent of offenders received prison time, 31 percent received jail time, and 36 percent received probation time. Drug possession sentences can be different depending on whether they are ordered by the federal or state courts.The average incarceration for federal drug possession sentences is 81 months, and the average incarceration for state drug possession sentences is about twenty months.he average incarceration for federal drug possession sentences is 81 months, and the average incarceration for state drug possession sentences is about twenty months.
Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction.For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500.Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.istribution of a small amount of marijuana, for no remuneration, is treated as possession. Manufacture or distribution of less than 50 plants or 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000.