Marijuana has become a hot topic in the United States. With the passing of Colorado Amendment 64 and Washington Initiative 502 in November 2012, Colorado and Washington sparked a wave of marijuana-related legislation and became the first states, since the Marijuana Tax Act of 1937, to legalize the possession of small amounts of marijuana. In doing so, they set the stage for future legalization in Oregon and Alaska and for the “decriminalization” of marijuana in over a dozen other states.
Today, a marijuana user faces no crimes—no arrests, no incarceration, no criminal record—for first-time possession of small amounts of marijuana in the following states: Alaska, California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Mississippi, Nebraska, New York, Oregon, Rhode Island, and Vermont.
However, many states aren’t jumping on the bandwagon. In the majority of states, marijuana possession is still considered a crime, punishable by incarceration and up to tens of thousands of dollars in fines. These penalties apply not just to marijuana possession, but also to its sale, cultivation, and, in some states, its use as a medicine. In most cases, a first offense involving a small amount of marijuana results in a misdemeanor, with subsequent offenses being classified as a felony.
Marijuana laws in the US are changing with each legislative session. To help you get a sense for what laws apply in your home state, we’ve collected the following information on marijuana laws across the US. We hope this information is useful to you as you navigate marijuana laws across the country.
If you are a resident of California and you need help with a marijuana-related legal issue, contact San Diego criminal defense attorney Jessica McElfresh today at (858) 756-7107 for a free, initial consultation.
For more information on the latest marijuana laws in the US, keep an eye out here.
Alabama
In the Heart of Dixie, marijuana is regulated as a controlled substance. An individual can face incarceration for possession, sale, and distribution. Carrying any amount of marijuana for personal use can result in a misdemeanor, punishable by up to one year of incarceration, and a maximum $6,000 fine, while carrying marijuana for anything other than personal use can result in a felony, with 1-10 years of incarceration and up to $15,000 in fines. Sale, trafficking, cultivation, and possession of hash can all result in felonies as well, with even greater penalties than for possession. Alabama does not have medical marijuana laws.
Alaska
Following the adoption of Ballot Measure 2 in November 2014, Alaska allowed for the purchase and possession of up to 1oz of marijuana by adults over the age of 21. Possession of 1-4oz can result in a misdemeanor punishable by up to one year in prison and a maximum of $10,000 in fines; possession of 4oz or more can result in a felony punishable with up to 5 years in prison and a maximum of $50,000 in fines. Many Alaskans were heartened to find that Ballot Measure 2 set up a system for regulating and taxing the production, processing, and selling of marijuana for personal use. The Last Frontier has medical marijuana laws that allow for marijuana use for certified medical purposes.
Arizona
Residents of Arizona may be glad to know that a 2016 ballot initiative, Regulation and Taxation of Marijuana Act, could bring about the loosening of some of Arizona’s marijuana laws. Arizona currently has some of the harshest marijuana laws in the country. Possession of any amount of marijuana under 2lbs for personal use can result in a felony including four months to two years of incarceration and a maximum fine of $150,000. Punishments for the sale, manufacturing, and trafficking of marijuana, and the possession of hash or paraphernalia relating to marijuana, are even more severe: a felony charge, up to one year minimum incarceration, and up to $150,000 in fines. Arizona does have a medical marijuana law.
Arkansas
Penalties for the possession of marijuana in Arkansas worsen with repeated offenses. While possessing a relatively small amount of marijuana—less than 4oz—results in a misdemeanor, possessing larger amounts can result in a felony. Possession of fewer than 4oz of marijuana, on a first offense, is punishable by up to one year of incarceration and a maximum $2,500 fine; possession of marijuana of more than 4oz but less than 10lbs—or 1 to less than 4oz on a third or more subsequent offense—is considered a felony and is punishable by up to six years of incarceration and $10,000 in fines. The delivery of more than 14g is also considered a felony, as is the trafficking of 500lbs or more. Arkansas does not have medical marijuana laws enacted.
California
As of January 1, 2018, recreational use of marijuana is now legal in California. Although legal, it is still prohibited to smoke cannabis in public and in your motor vehicle. In addition, you must be 21 years or older in order to purchase marijuana at a legally licensed store. You can own up to six plants in your home and have up to one ounce of marijuana.
In addition to recreational use, California has medical marijuana laws as well as an active hemp industry, which contributes to the making of textiles, clothing, insulation, animal feed, and other industrial products.
Colorado
In 2012, Amendment 64 made it legal to possess 1oz or less of marijuana and to transfer the same amount for no payment. Possession of more than 1oz but less than 2oz can result in a petty offense, though possession of more can result in either a misdemeanor or felony, depending on the amount. Colorado has some of the most relaxed marijuana laws in the nation. The sale of any amount of marijuana less than 4oz is considered a misdemeanor. Private cultivation of six marijuana plants, with no more than three having reached maturation, is legal. In 2014, Colorado brought in a new era of regulations for the retail sale of marijuana; from July 2014-June 2015, the state brought in tens of millions of dollars in tax revenue.
Connecticut
In July 2011, Connecticut passed a bill that decriminalized possession of small amounts of marijuana. Possession of less than 0.5oz of marijuana for personal use can result in civil penalties while possession of .5oz-5oz can result in a misdemeanor and possession of 4oz or more can result in a felony. The distribution or cultivation of marijuana is strictly prohibited under Connecticut laws and is punishable by felony (with up to $25,000 in fines for any amount under 1kg). The Nutmeg State does have medical marijuana laws and in June 2012, Connecticut approved a program that protects medical marijuana users from arrest and prosecution if they hold a valid medical marijuana registration card.
Delaware
In December 2015, Delaware reduced consequences for possessing small amounts of marijuana. Under HB 39, possession of up to 1oz of marijuana for personal use is classified as a civil violation and is punishable by a $100 fine. However, public use of marijuana can result in an unclassified misdemeanor and up to $200 in fines as well as possible incarceration for up to five days. For those under 18 years of age, possession of any amount of marijuana can result in an unclassified misdemeanor and up to $100 in fines. Delaware has medical marijuana laws.
Florida
Marijuana is regulated as a controlled substance in The Sunshine State. Possession of less than 20g can result in a misdemeanor, incarceration of up to one year, and up to $1,000 in fines. However, since June of 2015, several counties have moved toward replacing arrests for possession of under 20g of marijuana with civil penalties.
Statewide, possession of any amount of marijuana over 20g can result in a felony with fines beginning at a maximum of $5,000 for possession of 20g to 25lbs. The sale of 20g or less without remuneration results in a misdemeanor whereas the sale of any other amount results in a felony. While Florida does not have comprehensive medical marijuana laws, as of 2014, the state enacted a CBD-specific marijuana law, which allows for marijuana to be used to treat specific medical conditions including cancer, muscle spasms, and seizures.
Georgia
Georgia has some of the most severe marijuana laws in the nation, with possession of more than 1oz resulting in a felony punishable by 1 to 10 years of incarceration, while those who possess less than 1oz can face a misdemeanor, one year incarceration, and up to $1,000 in fines. Unlike other states, Georgia does not differentiate between the possession of and sale or manufacturing of marijuana.
While Georgia does not have medical marijuana bills enacted, it recently passed Haleigh’s Hope Act, which allows for some patients to possess oils containing THC. Still, many families needing medical marijuana have left the state due to a lack of any other legal in-state way to access to medical marijuana.
Hawaii
Personal use of less than 1lb of marijuana in Hawaii is considered a misdemeanor and is punishable by up to one year incarceration and $2,000 in fines. Penalties for possessing less than 1oz are still severe: up to 30 days incarceration and $1,000 in fines maximum. But in 2016, Hawaii is expected to consider legislation that replaces criminal penalties for possession of small amounts of marijuana with civil penalties. In 2000, The Aloha State became the first state to legalize medical marijuana through the legislative process. And due to recent legislation, the state’s first dispensaries are expected to open in 2016.
Idaho
Idaho’s marijuana laws are some of the most severe when it comes to distributing or selling marijuana. Possessing more than 1lb of marijuana with the intent to distribute, sell, or deliver can result in a felony, at least, one year of incarceration, and up to $50,000 in fines. Personal possession of marijuana is also severe: possessing less than 3oz can result in a misdemeanor and up to $1,000 in fines while possessing more than 3oz can result in a felony, up to five years incarceration, and up to $10,000 in fines. Medical marijuana is not legal in Idaho.
Illinois
Penalties for the possession of marijuana in Illinois steeply rise if a person possesses more than 30g of marijuana. For possessing 10g or less, an adult can face a misdemeanor and 30 days to six months incarceration, depending on if he or she had more than 2.5g. But for possessing more than 10g, an adult faces a felony, at least, one-year incarceration, and up to $25,000 in fines. Selling or trafficking marijuana in quantities over 2.5g also results in a felony. Illinois does have medical marijuana laws enacted. In 2016, criminal penalties for possessing marijuana in Illinois are likely to be removed under HB 4357. The penalties may instead be replaced by a fine.
Indiana
Marijuana is regulated in Indiana and is considered to be a Schedule I substance, which means that it is considered to have a high potential for abuse and no medical value. As such, Indiana does not have medical marijuana laws. Possession of up to 30g of marijuana for personal use is a misdemeanor and punishable by up to one-year incarceration and a maximum of $5,000 in fines in cases where a user had a prior drug offense. Possession of more than 30g is a felony resulting in six months to 2.5 years incarceration, and a fine of up to $10,000. In Indiana, a person who cultivates plants is also in violation of possession laws. While most Hoosiers are in favor of ending marijuana prohibition, the state has maintained its tough laws.
Iowa
While the 2015 Iowa Senate expressed support both for medical marijuana and for reducing the penalties for possessing small amounts of marijuana in Iowa, its Legislature did not consider multiple bills that would have brought about changes. Compared with its neighbors, Iowa has harsh marijuana laws. Currently, it is a misdemeanor to possess any amount of marijuana in Iowa punishable by up to six months incarceration and up to $1,000 in fines. Repeated offenses make subsequent punishments even more severe. Cultivation of any amount is considered a felony. Despite not permitting medical marijuana, Iowa does have a medical CBD law in place.
Kansas
Jayhawkers aren’t legally allowed to possess any amount of marijuana or medical marijuana in Kansas. In fact, the grassy state has some of the harshest marijuana laws in the country. Kansas considers possession of any amount of marijuana a misdemeanor. Penalties for possessing less than 450g include up to one-year incarceration and fines of up to $2500. Subsequent offenses ramp up to felonies, punishable by 10 months to multiple years of incarceration and possible fines culminating in $100,000. The sale, distribution, and cultivation of marijuana is strictly prohibited and results in a felony. Kansas does not have medical marijuana laws.
Kentucky
Marijuana in Kentucky got a boost in December 2015, when Matt Bevin, a proponent of medical marijuana got elected as Kentucky’s Governor. While medical marijuana change may be in the Bluegrass State’s future, it currently has no medical marijuana laws and considers the possession of any amount of marijuana to be a crime. For possessing, less than 8oz of marijuana, an adult can be charged with a misdemeanor punishable by up to 45 days incarceration and up to $250 in fines. Possession of any larger amount is treated as evidence that a person intends to sell or transfer that marijuana and is considered a felony punishable by at least one-year incarceration and up to $10,000 in fines.
Louisiana
In 2015, Louisiana made steps toward creating a medical marijuana program and reducing penalties for possessing marijuana. SB 143 aims to advance a new medical marijuana program while HB 149 reduced the maximum incarceration time and maximum fines for marijuana possession. Now, a person possessing 14g or less may have to face only 15 days incarceration. Possessing 60g or more, however, is classified as a felony and is punishable by at least five years incarceration and up to $100,000 in fines. Subsequent offenses aggravate possible punishments in cases of possession, distribution, and cultivation. Louisiana does not currently have medical marijuana laws.
Maine
In 2009, Maine made steps towards the decriminalization of marijuana. Today, an adult can still face a $600 fine for possessing 1.25oz or less but he or she won’t be faced with incarceration. For possession of 1.25 to 2.5oz, the fine increases to $1000. For any amount over 2.5oz, the penalties include at least six months incarceration. Maine does have medical marijuana laws; in 2009, it enhances these laws by allowing for in-state dispensaries; in 2011, it improved patient privacy. Medical marijuana is legal by prescription.
Maryland
The Old Line State has some of the most moderate marijuana laws in the country. In addition to passing a medical marijuana law that opens medical marijuana use to patients not enrolled in a medical marijuana research program in 2015, Maryland removed criminal penalties for possessing small amounts of marijuana in 2014. Now, if a person possesses fewer than 10g of marijuana, he or she faces a civil offense punishable by a maximum fine of $100; for 10g to 50lbs, the punishment increases to a misdemeanor punishable by up to one-year incarceration and a maximum fine of $1,000. Possession of more than 50lbs, intending to distribute any amount, or trafficking marijuana is considered a felony.
Massachusetts
In 2016, Massachusetts will once again consider legalizing marijuana and regulating it as it does alcohol. With most Bay Staters in favor of legalizing marijuana, it is likely to be a hot topic in the November 2016 election. As for its current standing, marijuana is treated as a controlled substance—but it has been decriminalized to an extent. First-time possession of 1oz or less of marijuana for personal use is considered a civil offense punishable by a maximum $100 fine. Possession of more than 1oz on a first offense can result in up to six months incarceration and up to $500 in fines; subsequent offenses can heighten the penalties to up to two years incarceration and up to $2,000 in fines. In 2012, the Bay State joined many other states in adopting a medical marijuana program. It opened its first dispensary in June 2015 and has approved plans to open more.
Michigan
Possession, selling, and manufacturing marijuana can result in some harsh penalties in The Great Lake State. For possessing any amount of marijuana, an adult faces a misdemeanor punishable by up to one-year incarceration and a maximum $2,000 fine. Possession of marijuana in a park can aggravate penalties to a felony. Penalties for selling marijuana are even greater, with the sale of any amount for remuneration being punishable by a felony, up to four years incarceration, and a minimum of $20,000 in fines. Despite these harsh punishments, Michigan does have a medical marijuana program. Under the Michigan Medical Marihuana Program, patients can even cultivate their own medical marijuana.
Minnesota
The rise of medical marijuana has been a hot topic in Minnesota. In 2014, Minnesota adopted a restrictive medical marijuana program that allows people with qualifying conditions to use the drug; in July 2015 it opened its first dispensary. As for treatment of the drug at large, possession of any amount of marijuana is considered a misdemeanor punishable by a fine of up to $200. However, a possible discharge is possible for first-time offenders. Any sale of marijuana is considered a felony if that amount is more than 42.5g. Otherwise, it is considered a misdemeanor punishable by up to $200 in fines.
Mississippi
Unlike its neighbors on all sides, Mississippi has decriminalized marijuana use in certain personal possession cases. For first-time possession of marijuana for personal use, an adult faces no penalty beyond a fine of up to $250. Second and third offenses are punishable by a minimum of five days incarceration and a maximum of 60 days in the case of a third-time offense. Possession of any amount over 30g is considered a felony with fines beginning at up to $3,000. The Magnolia State does not allow the sale of marijuana in any form and punishes sellers with a felony regardless of the amount being sold. Mississippi has passed a medical CBD law, which allows for cannabis extracts to treat some epileptic conditions, however, it does not have a medical marijuana program.
Missouri
In 2014, Missouri loosened some of its marijuana laws through SB 491, which reduces penalties for those who possess 10g of marijuana. However, this law won’t come into effect until 2017. In addition to reducing penalties for possession, the SB 491 also reduces possible sentences for selling and cultivating marijuana. Currently, a person can face a misdemeanor for possessing less than 35g of marijuana, punishable by up to one-year incarceration and a fine of up to $1,000. Missouri considers the sale, trafficking, or distribution of marijuana to be a felony regardless of the amount being sold, with penalties for selling less than 5g beginning with up to seven years incarceration and up to $10,000 in fines.
Montana
Montana has some of the toughest marijuana laws in the country. Possession of 60g of marijuana or less can result in up to six months incarceration and up to $500 in fines while possession of more than 60g can result in a felony, with up to five years incarceration and up to $50,000 in fines. The sale, delivery, or cultivation of marijuana in Montana also results in a felony with fines of up to $50,000. While Montana does have medical marijuana laws enacted, medical marijuana users’ options have been severely limited. The future of the program is being debated.
Nebraska
The Cornhusker State is one of many states that have moved toward decriminalizing the possession of small amounts of marijuana. Possession of 1oz or less on a first offense can result in an infraction and a maximum fine of $300 but no incarceration. Possession 1oz to 1lb can result in a misdemeanor while possessing more than 1lb can result in a felony punishable by up to five years incarceration and $10,000 in fines. While medical marijuana laws have not yet been enacted in Nebraska, the State Legislature is expected to consider such programs through LB 643 in 2016.
Nevada
Nevada has marijuana laws of moderate strictness. While a person possessing 1oz or less of marijuana faces no incarceration for first and second-time offenses, such possession can result in a misdemeanor—and penalties quickly ramp up after that. If a person possesses, sells, or distributes more than 1oz of marijuana, he or she can face a felony, a minimum of one-year incarceration, and maximum fines starting at $5,000. At the same time, Nevada does have medical marijuana laws enacted and, as of 2015, dispensaries are beginning to open around The Sagebrush State.
New Hampshire
In 2016, New Hampshire will be considering HB 618, which could bring about the decriminalization of marijuana in The Granite State. Currently, possession of any amount of marijuana can result in a misdemeanor and is punishable by up to one-year incarceration and a maximum $2,000 fine. The possession or sale of marijuana is considered a felony and, for less than 1oz of marijuana, can result in incarceration of up to three years and a maximum fine of $25,000. New Hampshire does have a medical marijuana program enacted.
New Jersey
It is a crime in New Jersey to knowingly possess or distribute marijuana. Possession of 50g or less can result in up to 6 months incarceration and a maximum fine of $1,000. Penalties quickly become more severe after that. For possessing more than 50g of marijuana, an adult can face up to 1.5 years incarceration and up to $25,000 in fines. Distribution results in similar penalties but greater incarceration times, depending on the amount of marijuana distributed. New Jersey’s medical marijuana program is slowly growing. Currently, qualified residents of The Garden State are allowed to use medical marijuana, provided they have a recommendation for their use from a registered doctor.
New Mexico
Marijuana is regulated in New Mexico and classified as a controlled substance. Possession penalties are less severe than in many states. For possessing 1oz or less, a person can face a misdemeanor, up to 15 days of incarceration, and up to $100 in fines; for possessing 1oz to 8oz, incarceration rises to a one-year maximum and fines rise to $1000 maximum. For possession of 8oz or more, a person can face a felony, up to 1.5 years incarceration, and a maximum of $5,000 in fines. Any distribution of marijuana is considered a felony. New Mexico does allow for the use of medical marijuana for qualifying conditions.
New York
The Empire State has some of the most moderate marijuana laws in the country. In addition to decriminalizing possession of 25g or fewer of marijuana, New York has enacted a medical marijuana law. Still, a person faces up to $100 in fines on a first offense for possessing 25g or less, up to $200 in fines on a second offense, and up to $250 on a third (plus up to 15 days incarceration). Possessing between 25g and 8oz is considered a misdemeanor while possessing more than 8oz is considered a felony. New York does not allow the sale of any amount of marijuana, with the sale of 25g or less resulting in a misdemeanor and the sale of more than 25g resulting in a felony.
North Carolina
North Carolinians can possess up to 0.5oz of marijuana for personal use without fear of incarceration; however, they can face up to $200 in fines for possessing the same amount. Between 0.5oz and 1.5oz, an adult can face a misdemeanor, punishable by between one and 45 days incarceration, and up to $1,000 in fines. Possession of larger amounts can result in a felony—and if a person is shown to have the intent to distribute that marijuana, they can face maximum fines starting at $5,000. The sale and cultivation of marijuana in North Carolina are both considered felonies. The State has a medical CBD law that allows for some cannabis-derived medicines to be used to treat specific epileptic conditions.
North Dakota
North Dakota has some of the harshest marijuana laws in the country. For possession of 1oz or less, a person can be charged with a misdemeanor, face up to 30 days incarceration, and be fined up to $1,500. For more than 1oz to 500g, penalties worsen and include a felony, up to five years incarceration, and fines of up to $10,000. Possession of any greater amount can result in up to 10 years incarceration, and up to $20,000 in fines. The sale of marijuana in North Dakota is strictly prohibited. While legislation was brought in 2015 to bring about a comprehensive medical marijuana program to the state, the bill did not pass and North Dakota remains without a medical marijuana program.
Ohio
Ohio has taken steps to decriminalize marijuana but in November 2015, the state rejected a controversial amendment that would have legalized medical marijuana while limiting the location of commercial cultivation. Possession of up to 100g of marijuana is considered a “minor misdemeanor,” resulting in no incarceration but up to a $150 fine; possession of 100g to 200g is also classified as a misdemeanor but can be punishable by up to 30 days incarceration and up to $250 in fines; and possession of any greater amount is considered a felony. Ohio does not have a medical marijuana program in effect.
Oklahoma
Oklahoma has some of the most severe marijuana laws in the nation. An adult can face incarceration up to one year for possessing any amount of marijuana on a first offense and 2-10 years for possessing any amount on a second offense. Fines for selling any amount of marijuana start at $20,000. The act of selling marijuana is classified as a felony, and can include incarceration of two years to life. Furthermore, cultivation of marijuana plants, depending on the number of plants grown, can also include incarceration for two years to life. The state does not have a comprehensive medical marijuana program; however, a medical CBD law known as Katie and Cayman’s Law was signed in 2015.
Oregon
As of 2015, Oregon is one of four states to have legalized possession of small amounts of marijuana. An Oregonian faces no penalty, incarceration, or fine for possessing up to 1oz of marijuana in public. Furthermore, he or she faces only a violation for possessing 1-2oz (along with a maximum $650 fine). In private, however, residents of The Beaver State can possess up to 8oz of marijuana legally. Cultivation of four plants at home is permissible by law as is possession of 16oz or less of solid infused cannabinoid products. Oregon has a medical marijuana program in place.
Pennsylvania
In October 2014, Mayor Michael Nutter authorized an ordinance decriminalizing marijuana in Philadelphia. In the City of Brotherly Love, a Philadelphian can face a civil penalty and $25 fine for possessing 1oz or less of marijuana. In the state at large, however, possession of 30g or less can result in a misdemeanor, up to 30 days incarceration, and up to $500 in fines. Penalties go up from there, with possession of 30g or more resulting in a misdemeanor punishable by up to one-year incarceration and $5,000 in fines. The sale, distribution, or cultivation of marijuana is strictly prohibited and can result in a felony and thousands of dollars in fines. In the case of cultivation, these penalties apply regardless of the number of plants being grown.
Rhode Island
In 2012, Rhode Island reduced the penalty for possessing small amounts of marijuana. Rhode Islanders are now able to possess less than 1oz of marijuana for personal use without fear of incarceration. However, they will face a civil violation punishable by up to $150 in fines. Possession of 1oz-1kg can result in a misdemeanor while possession of 1kg-5kg with the intent to distribute is classified as a felony. Penalties for the latter case are steep: 10-50 years incarceration and up to $500,000 in fines. The sale of any amount of marijuana is strictly prohibited.
South Carolina
It is a crime to possess, sell, or cultivate marijuana in South Carolina. Minimum penalties for possessing any amount of marijuana, considered a misdemeanor, are up to 30 days incarceration and $200 in fines. Subsequent offenses are punishable by up to one-year incarceration and up to $2,000 in fines. Sale or cultivation of any amount of marijuana is considered a felony with minimum incarceration times beginning at up to 5 years and minimum fines beginning at up to $5,000. South Carolina does not have comprehensive medical marijuana laws in place, however, it does have medical CBD laws in place that aim to help people with debilitating epileptic conditions through cannabis extracts.
South Dakota
The Mount Rushmore State has some of the most severe marijuana laws in the country. Simply inhabiting a room where marijuana is being used or stored can result in a misdemeanor, up to one-year incarceration, and up to $2,000 in fines. Actually possessing marijuana is considered a misdemeanor and, for 2oz or less, is punishable by up to one-year incarceration and up to $2,000 in fines. For more than 2oz, possession is considered a felony, with fines starting at up to $4,000. South Dakota does not have medical marijuana laws enacted.
Tennessee
Possession of marijuana is illegal in Tennessee and marijuana is regulated as a controlled substance. Under Tennessee’s marijuana laws, a person possessing 0.5oz of marijuana or less can face (for a first-time offense) a misdemeanor, up to one-year incarceration, and up to $250 in fines. Possession of any greater amount, with intent to distribute, is classified as a felony with minimum penalties beginning at up to one to six years incarceration and up to $5,000 in fines. Tennessee does not allow the cultivation of marijuana plants in any form. While no medical marijuana laws are in effect, the Volunteer State does allow for cannabis extracts to be used in the treatment of severe epileptic conditions.
Texas
The Lone Star State has harsh penalties for marijuana use and possession. But the state’s 2015 legislation session saw some major moves toward changes including the Compassionate Use Program, which introduced a limited medical marijuana program to Texas. For non-medical users, possession of marijuana is considered a crime, with penalties for possession of 2oz or less of marijuana resulting in a misdemeanor, up to 180 days incarceration, and up to $2,000 in fines. Penalties increase to felonies at 4oz and maximum fines jump to $10,000. While the sale of 7g or less of marijuana is classified as a misdemeanor, any greater amount can result in a felony.
Utah
Utah considers it a crime for a person to possess any amount of marijuana. Possession of less than 1oz of marijuana can result in a misdemeanor punishable by up to six months incarceration and up to $1,000 in fines. The sale of any amount is considered a felony, punishable by up to five years incarceration and up to $5,000 in fines. While Utah has strict marijuana laws, in 2014 it allowed for those suffering from debilitating disorders to use CBD, extracts derived from cannabis, to treat epileptic conditions.
Vermont
Vermont is one of over a dozen states to decriminalize small amounts of marijuana possession. In 2013, H. 200 eliminated criminal penalties for possessing 1oz or less of marijuana. While a Vermonter faces no incarceration, he or she may be fined up to $500 depending on whether it was a first (up to $200), second (up to $300), or greater offense. Possession of 1oz-2oz is classified as a misdemeanor, while possession of 2oz or more results in a felony. Both can result in incarceration. Vermont already has a medical marijuana program in effect and is expected to move toward legalizing marijuana in 2016.
Virginia
While possession of less than 0.5oz of marijuana in Virginia is a misdemeanor—punishable by up to 30 days incarceration and up to $500 for a first offense—possession of any greater amount, with intent to distribute, is considered a felony. The sale of marijuana can result in 1-10 years incarceration and up to $2,500 if less than 5lbs were being sold. Greater amounts can result in even greater punishments, with penalties for the sale of more than 100kg of marijuana being incarceration for life and $100,000 in fines. Virginia does not have a comprehensive medical marijuana program; however, it does allow for the use of CBD, or cannabis extracts, to treat some debilitation conditions.
Washington
In November 2012, Washington became one of the first two states to legalize the possession of marijuana. With the passing of Initiative 502, Washingtonians were allowed to up to 1oz of marijuana for their own private consumption. While public consumption is classified as a civil penalty, no incarceration occurs, though a fine of up to $100 may be imposed. Washington has some of the most lenient marijuana laws in the country, with possession of up to 40g being classified as a misdemeanor punishable with a maximum fine of $1,000 and incarceration of only 24 hours to 90 days. Possession of more than 40g is considered a felony. Washington has medical marijuana laws in place. While small amounts of marijuana are legal for adults, individuals under 21 years of age can still face criminal penalties.
West Virginia
Possession of any amount of marijuana in West Virginia is considered a crime. The penalty for such possession is a misdemeanor punishable by 90 days to six months incarceration and up to $1,000 in fines. Similarly, the sale of any amount of marijuana is classified as a felony. Minimum incarceration starts at 1-5 years with fines of up to $15,000. West Virginia does not have a medical marijuana program enacted nor does it allow for the use of CBD or other cannabis extracts.
Wisconsin
Under Wisconsin’s marijuana laws, a person in possession of any amount of marijuana can face a sentence of up to 6 months incarceration and $1,000 in fines. On a subsequent offense, such possession can result in a felony charge, up to 3.5 years incarceration, and up to $10,000 in fines. The sale or cultivation of marijuana is strictly prohibited, with any such activity being considered a felony. Wisconsin does not have a medical marijuana law in place; however, it does allow for the use of cannabis extracts to treat some severe epileptic conditions.
Wyoming
In Wyoming, any possession of marijuana is considered illegal. It is regulated as a controlled substance. If a person is found to be under the influence of marijuana, he or should could face a misdemeanor punishable by up to six months incarceration, and a maximum fine of $750. Possession of 3oz or less is also classified as a misdemeanor and comes with harsher penalties: up to one-year in prison and up to $1,000 in fines. The sale or distribution of marijuana in the Cowboy State is considered a felony while the cultivation is a simple misdemeanor. Wyoming does not have a medical marijuana in place but it does allow for cannabis-derived CBD to treat specific medical conditions.