Quantity will be considered. Intent will be considered. Age will be considered. And any number of other variables will influence the Court. being caught with marijuana is a misdemeanor but with intent to sell can be classified as a felony
It would depend on the characteristics of the crime as in: How old is the individual? Where was the crime committed? What state was the crime committed in? The amount of marijuana in possession? Look for your state's laws in regards to that question. But most importantly, don't get caught!