§ 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he knowingly
and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a fine
of not more than one hundred dollars. However, where the defendant has
previously been convicted of an offense defined in this article or article
220 of this chapter, committed within the three years immediately
preceding such violation, it shall be punishable (a) only by a fine of not
more than two hundred dollars, if the defendant was previously convicted of
one such offense committed during such period, and (b) by a fine of not
more than two hundred fifty dollars or a term of imprisonment not in excess
of fifteen days or both, if the defendant was previously convicted of two
such offenses committed during such period.
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