221.05 - Unlawful possession of marihuana.

§ 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.