Unlawful Possession of Marijuana (1st Degree) is a felony (class C) when which condition applies?

• A. Possessing marijuana for personal use after prior conviction of UPOM (2)
• B. Possessing marijuana for personal use only
• C. Possessing marijuana for distribution
• D. Possessing marijuana in a private residence

Answer: (A)

A first-degree unlawful possession of marijuana becomes a Class C felony only if there is a prior conviction for UPOM (2). This is a recidivist enhancement: the statute elevates the charge to a felony after a second or subsequent UPOM offense. If there’s no prior UPOM (2) conviction, simple possession for personal use remains a lesser offense, not the first-degree felony. Possession for distribution involves a different statutory offense with its own penalties, and merely possessing in a private residence does not by itself trigger the enhancement. So the condition that makes the first-degree UPOM a Class C felony is having a prior UPOM (2) conviction.