§ 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