A criminal defense website |
offers this chart:
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Alabama
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Marijuana
possession, sale, and distribution is regulated by both state and federal
law. In Alabama, marijuana is regulated as a “Schedule I” controlled
substance. |
Alaska |
Under Ballot Measure 2, adults age 21 or older in Alaska
may possess up to one ounce of marijuana. In addition, adults may grow
up to six plants (with up to three flowering) for personal use. |
Arizona |
Possession of
marijuana is a criminal offense. The penalties for possession depend on
whether the marijuana was intended for personal use or for sale. In addition
to the penalty of jail time, anyone convicted of possession will be required
to pay a fine of up to $150,000, as determined by the court. |
Arkansas |
Possession of a
relatively small amount of marijuana is a misdemeanor, but possessing
marijuana in larger quantities is a felony. Also, penalties are increased for
repeated offenses. |
California |
Possession of
marijuana is a criminal offense. Penalties depend on the amount. Possessing
marijuana for sale is treated as a separate offense. |
Colorado |
In Colorado,
marijuana is regulated as a controlled substance. (Co. Rev. Stat. Ann. §
18-18-102.) But as of 2012, Amendment 64 made it legal under state law for
adults (people 21 years old or older) to possess and cultivate certian
amounts of marijuana for personal use. |
Connecticut |
Possession of
marijuana is a criminal offense. Penalties depend on the amount. In July of
2011, the Connecticut legislature passed a bill decriminalizing possession
and personal use of less than one half ounce of marijuana. Such possession is
now considered a civil violation, subject to a fine of up to $150. |
Delaware |
Knowingly
possessing, using, or consuming any amount of marijuana (even small amounts
for personal use) is an unclassified misdemeanor, punishable with up to three
months in jail and a fine of up to $575. |
D.C. |
Voters in Washington, D.C. resoundingly
passed Initiative 71 in November 2014, legalizing the possession and
personal, nonmedical use of marijuana by adults in the District. |
Florida |
Possessing 20
or fewer grams of marijuana is a first degree misdemeanor, punishable with up
to one year in jail. |
Georgia |
It is a crime
in Georgia to possess marijuana for personal use; or to buy, manufacture, or
sell marijuana (or to possess it with the intent to do any of these things).
Unlike most states, Georgia does not differentiate, for sentencing purposes,
between possession for personal use and manufacture or sale. |
Hawaii |
A person who knowingly possesses
marijuana (in any amount) is guilty of a petty misdemeanor, punishable with
up to 30 days in jail, a fine of up to $1,000, or both. |
Idaho
|
A violation is a misdemeanor,
punishable with up to one year in jail, a fine of up to $1,000, or both. A
violation is a felony, punishable with up to five years in prison, a fine of
up to $10,000, or both. |
Illinois
|
Up to two and a half
grams: A violation is a class C misdemeanor, punishable with up to 30
days in jail, a fine of up to $1,500, or both. Between two and a half and ten
grams: A violation is a class B misdemeanor, punishable with up to six months
in jail, a fine of up to $1,500, or both. |
Indiana |
It is illegal
to knowingly or intentionally posses marijuana in Indiana. Someone who
cultivates marijuana plants (or fails to destroy marijuana plants that the
person knows are growing on the person’s property) is also in violation of
the possession law. Penalties vary according to the amount possessed. |
Iowa |
First offenders will face up to
six months in jail and a fine of up to $1,000. Penalties for a second offense
include up to one year in jail and a fine of up to $1,500. Any subsequent
offense is a felony, and carries up to two years' imprisonment and a fine of
between $500 and $5,000. |
Kansas |
It is a crime
to possess any amount marijuana (including small amounts for personal use) in
Kansas. (Kan. Stat. Ann. § 21-5706(b)(3).) Violations are a class A
misdemeanor, punishable with a fine of up to $2,500, up to one year in jail,
or both. Second and subsequent convictions are level 4 felonies, punishable
with up to 26 months in prison, and possible fines. |
Kentucky |
It is a crime
to possess any amount marijuana (including small amounts for personal use) in
Kentucky. Violations are a class B misdemeanor, punishable with a fine of up
to $250, up to 45 days in jail, or both. (Ken. Rev. Stat. Ann. § 218A.1422.)
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Louisiana |
It is a crime
to knowingly or intentionally possess any amount marijuana (including small
amounts for personal use) in Louisiana. (La. Rev. Stat. § 966(E).) Penalties
vary according to whether the violation is a first or subsequent offense. |
Maine |
It is a crime
to knowingly or intentionally possess marijuana Maine. (Me. Rev. Stat. Ann. §
1102.) Penalties vary according to the amount possessed, and may be increased
for aggravating factors. Additionally, someone who possesses more than two
and a half ounces is presumed to be in possession with the intention of
selling marijuana |
Maryland |
It is a crime
to knowingly or intentionally possess any amount of marijuana Maryland (even
small amounts for personal use). A violation is a misdemeanor, punishable
with up to one year in jail, a fine of up to $1,000, or both. |
Massachusetts |
It is a crime
to knowingly or intentionally possess marijuana in Massachusetts. Penalties
vary according to the amount possessed, with additional penalties for minors
in possession of marijuana. |
Michigan |
It is a crime
to knowingly or intentionally possess any amount marijuana (including small
amounts for personal use) in Michigan. Penalties include a fine of up to
$2,000, up to one year in jail, or both. |
Minnesota |
It is a crime
to knowingly or intentionally possess marijuana in Minnesota. Penalties vary
according to the amount possessed, measured as the total amount possessed
within a 90 day period before the date of arrest. |
Mississippi |
It is a crime
to knowingly or intentionally possess any amount marijuana (including small
amounts for personal use) in Mississippi. Penalties vary according to the
amount possessed. |
Missouri
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It is a crime
to knowingly or intentionally possess any amount marijuana (including small
amounts for personal use) in Missouri. Penalties vary according to the amount
possessed. |
Montana
|
It is a crime
to knowingly or intentionally possess up to 60 grams of marijuana or up to
one gram of hashish (including small amounts for personal use) in Montana.
Penalties vary according to whether the offense was a first or subsequent
violation. |
Nebraska |
It is a crime
to knowingly or intentionally possess marijuana (including small amounts for
personal use) in Nebraska. Penalties vary according to the amount possessed,
and whether the offense was a first or subsequent violation. |
Nevada |
Up to one ounce. Penalties for a first offense include a fine of up to $600,
participation in a drug treatment program, or both. A second offense carries
a fine of up to $1,000, drug treatment, or both. A third offense carries a
fine of up to $2,000, up to one year in jail, or both. And a fourth or
subsequent offense carries a fine of up to $5,000, between one and four years
in prison, or both. |
New Hampshire |
It is a crime
to knowingly or intentionally possess marijuana (including small amounts for
personal use) in New Hampshire. Penalties include a fine of up to $2,000, up
to one year in jail, or both. |
New Jersey |
It is a crime
to knowingly or intentionally possess marijuana (including small amounts for
personal use) in New Jersey. Penalties vary according to the amount
possessed. Second and subsequent convictions may be punished with up to
double the penalties. |
New Mexico |
It is a crime
to knowingly or intentionally possess marijuana (including small amounts for
personal use) in New Mexico. Penalties vary according to the amount
possessed, and whether the offense was a first or subsequent violation.
Penalties increase if the violation occurs within a posted drug-free school
zone. |
New York |
Up to 25 grams: New York has decriminalized possession of small amounts of
marijuana (at least as far as first and second violations are involved).
Violations are considered civil citations (similar to a traffic violation),
which incur a fine, but no jail time. There is a fine of up to $100 for a
first offense, and up to $200 for a second offense. |
North Carolina |
Up to one half of an
ounce: Penalties include a fine of up to $200, up to
30 days in jail, or both. Between one
half ounce and one and a half ounces: Penalties include a fine of up to $500,
between one and 120 days in jail, or both. The judge may order probation or
community service in addition to, or
in lieu of some or all of the jail time. |
North Dakota |
Up to one-half of an ounce:
Penalties include a fine of up to $1,000, up to 30
days in jail, or both. Between
one-half ounce and one ounce: Penalties include a fine of up to $1,000, up to
one year in jail, or both. |
Ohio |
It is a crime
to knowingly or intentionally possess marijuana in Ohio. Penalties vary
according to the amount possessed, with increased fines and jail time for
second and subsequent convictions, and for offenses committed within 1,000
feet of a school. For offenses involving more than 100 grams of marijuana,
the judge will suspend the defendant’s driver’s license for at least six
months (and up to five years). |
Oklahoma |
It is a crime
to knowingly or intentionally possess marijuana (including small amounts for
personal use) in Oklahoma. In addition to a possible fine, the judge will
sentence a defendant to up to a year in jail for a first offense, and between
two and ten years in prison for a second or subsequent offense. |
Oregon |
Up to one ounce: Oregon has decriminalized possession of small amounts of marijuana.
Violations are considered misdemeanors that incur a fine between $500 and
$1,000, but no jail time. However, if this offense occurs within 1,000 feet
of a school, penalties increase, with a fine of up to $1,250, up to 30 days
in jail, or both. |
Pennsylvania
|
It is a crime
to knowingly or intentionally possess marijuana in Pennsylvania. For amounts
up to 30 grams, penalties include a fine of up to $500, up to 30 days in
jail, or both. Convictions for possessing 30 grams or more are punishable
with a fine of up to $5,000, up to one year in jail, or both. |
Rhode Island
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It is a crime
to knowingly or intentionally possess marijuana in Rhode Island. Penalties
include a fine of between $200 and $500, up to one year in jail, or both; and
may increase for second and subsequent convictions. The judge may also order
participation in a drug counseling or education program, and community
service. |
South Carolina |
It is a crime
to knowingly or intentionally possess up to one ounce of marijuana in South
Carolina. Amounts exceeding one ounce are treated as trafficking crimes,
explained below in "Manufacture, Distribution, and Trafficking."
Penalties for possession vary according to whether the offense is a first or
subsequent conviction. |
South Dakota |
Two ounces or less: Penalties include a fine of up to $1,000, up to one year in
jail, or both. More than two ounces
but less than one-half of a pound: Penalties include a fine of up to $2,000,
up to two years in prison, or both. |
Tennessee |
It is a crime
to possess marijuana in Tennessee. It is also illegal to causally exchange
(that is, with no payment) up to and including one half of an ounce of
marijuana. Penalties vary according to the conviction, and increased
penalties apply to offenses involving a minor. |
Texas |
Two ounces or less: Penalties include a fine of up to $2,000, up to 180 days in
jail, or both. More than two ounces,
but less than four ounces: Penalties include a fine of up to $4,000, up to
one year in jail, or both. |
Utah |
It is a crime
to possess marijuana in Utah. It is also illegal to causally exchange (that
is, with no payment) up to and including one half of an ounce of marijuana.
Penalties vary according to the conviction, and increased penalties apply to
offenses involving a minor. |
Vermont |
Less than two ounces; up to two
plants (first offense): Penalties include a fine of
up to $500, up to six months in jail, or both. Less than two ounces; up to two plants
(second and subsequent offenses): Penalties include a fine of up to $2,000,
up to two years in prison, or both. |
Virginia |
First conviction: Penalties include a fine of up to $500, up to 30 days in jail,
or both. Second conviction: Penalties
include a fine of up to $2,500, up to one year in jail, or both. |
Washington |
It used to be a
crime to knowingly or intentionally possess marijuana in Washington. However,
with the passage of Initiative 502 in 2012, adults are now free to possess up
to one ounce of cannabis for their own private use. |
West Virginia |
It is a crime
to possess any amount of marijuana in West Virginia. Penalties include a fine
of up to $1,000, between 90 days and 6 months in jail, or both. |
Wisconsin |
It is a crime
to possess any amount of marijuana in Wisconsin. Penalties vary according to
whether the offense is a first or subsequent conviction, with 100 hours of
community service in addition to these penalties for possession within 1,000
feet of a school, youth center, public park, pool, housing project, jail, or
drug treatment facility. |
Wyoming
|
A defendant convicted of using
or being under the influence of marijuana will be fined up to $750, spend up
to six months in jail, or both. And while not covered here,
additional penalties apply to driving while under the influence. |