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YOU CAN GO TO PRISON FOR HAVING WEED IN THESE 19 STATES

usmarshals / Flickr
Thomas C. Frohlich
Published: November 7, 2023 11:41 am


Medical marijuana was first legalized in California in 1996, with Alaska and
Nevada following two years later. States began decriminalizing cannabis for
recreational use much later, in 2012, mostly through ballot measures, with
California, Alaska, and Nevada not doing so before 2014 and 2016. Vermont was
the first state to legalize recreational cannabis use through the legislature,
in 2018. 

The trend towards legalizing marijuana has continued, with city and state
governments rolling out more laws legalizing the use of medical or recreational
marijuana by residents in their jurisdictions every year. As of the beginning of
2023, a majority of Americans had access to legal marijuana. (By the way, this
state consumes the most weed: ranking use by state.)



And yet, there are still millions of U.S. residents living in areas where police
regularly dole out harsh penalties for possessing marijuana, including felony
charges in five states — Florida, Idaho, Kansas, Kentucky, and Tennessee.
Serious offenders in Kentucky may be charged with 20 years in prison and $10,000
in fines. In total, it is legal and normal to go to prison for possessing less
than 1 ounce of cannabis in 19 states. 

Police disproportionately target Black residents and communities even in areas
where weed is legal, and this treatment is especially lopsided in the 19 states
on this list. An analysis of arrests of Black and white residents for weed
possession in 2018 by the American Civil Liberties Union found that Black
Americans are anywhere from 2.4 times (Arkansas) to 9.4 times (Kentucky) more
likely than white Americans to be arrested for marijuana possession. Reported
marijuana usage rates are equal between Black and white residents of all of
these states. (These are the worst states for Black Americans: every state
ranked.)

To identify the 19 states where you can go to prison for having weed, 24/7 Wall
St. reviewed max penalties, possession limits, medical marijuana laws, and
racial disparities in marijuana-related arrests from “2022 Behind the Times: The
19 States Where a Joint Can Still Land You in Jail,” a report published by
policy reform organization the Marijuana Policy Project, which has received
funding primarily from Peter Benjamin Lewis and now his family. Lewis was an
American businessman who was the chairman of Progressive Insurance Company. 

We reviewed and updated the maximum penalty and medical marijuana laws in July
2023. Marijuana use among state residents aged 12 and up in the past month in
2021 came from the U.S. Department of Health and Human Services’ Substance Abuse
and Mental Health Services Administration. 

These are the 19 states where you can go to prison for having weed.



Source: Jacqueline Nix / iStock Editorial via Getty Images



Alabama
> Max penalty: 1 year in jail and/or up to $6,000 for any amount
> Medical marijuana law: Yes – 36th state to legalize medical marijuana
> Racial disparities in arrests, 2018: Black residents 4.1x more likely than
white to be arrested – #10 highest on list
> Marijuana use, age 12+, in past month, 2021: 315,000 – #31 most
> Total population: 5,039,877 – #24 largest



[in-text-ad]

Source: csfotoimages / iStock Editorial via Getty Images



Arkansas
> Max penalty: 1 to 6 years, $2,500 for 4 ounces
> Medical marijuana law: Yes. Patients may purchase up to 2.5 oz of medical
cannabis per 14-day period from state licensed dispensaries.
> Racial disparities in arrests, 2018: Black residents 2.4x more likely than
white to be arrested – #19 highest on list
> Marijuana use, age 12+, in past month, 2021: 233,000 – #36 most
> Total population: 3,025,891 – #33 largest

24/7 Wall St.
This State Consumes the Most Weed: Ranking Use by State

Orange County Florida Sheriff ... (CC BY 2.0) by Steven Straiton



Florida
> Max penalty: 1 year and $1,000 for up to 20 grams; felony – 5 years and up to
$5,000 for over 20 grams
> Medical marijuana law: Yes. Sharing your medical marijuana with another
person, even if they are also a patient, is prohibited
> Racial disparities in arrests, 2018: Black residents 4x more likely than white
to be arrested – #11 highest on list
> Marijuana use, age 12+, in past month, 2021: 1996,000 – #3 most
> Total population: 21,781,128 – #3 largest



Source: SeanPavonePhoto / iStock Editorial via Getty Images



Georgia
> Max penalty: 1 year in prison for over 1 ounce
> Medical marijuana law: No
> Racial disparities in arrests, 2018: Black residents 3x more likely than white
to be arrested – #16 highest on list
> Marijuana use, age 12+, in past month, 2021: 1032,000 – #12 most
> Total population: 10,799,566 – #8 largest

[in-text-ad-2]

Source: CRobertson / iStock Editorial via Getty Images



Idaho
> Max penalty: 5 years in prison with intent to distribute, $1,000 for up to 3
ounces
> Medical marijuana law: No
> Racial disparities in arrests, 2018: Black residents 3.9x more likely than
white to be arrested – #12 highest on list
> Marijuana use, age 12+, in past month, 2021: 161,000 – #40 most
> Total population: 1,900,923 – #38 largest




Indianapolis Metropolitan Poli... (CC BY 2.0) by Sarah Stierch



Indiana
> Max penalty: 6 months and up to $1,000 fine for any amount
> Medical marijuana law: No
> Racial disparities in arrests, 2018: Black residents 3.5x more likely than
white to be arrested – #13 highest on list
> Marijuana use, age 12+, in past month, 2021: 668,000 – #20 most
> Total population: 6,805,985 – #17 largest

[in-text-ad]

Des Moines Iowa Police Departm... (CC BY 2.0) by Carl Wycoff



Iowa
> Max penalty: 6 months in jail and $1,000 fine for any amount
> Medical marijuana law: Yes. Patients may purchase 4.5 grams of THC every
90-day period
> Racial disparities in arrests, 2018: Black residents 7.3x more likely than
white to be arrested – #2 highest on list
> Marijuana use, age 12+, in past month, 2021: 303,000 – #32 most
> Total population: 3,193,079 – #31 largest


24/7 Wall St.
Most Marijuana-Friendly Cities in America

Source: Courtesy of Shawnee Kansas Police Department via Facebook



Kansas
> Max penalty: up to 12 months and $2,500 for any amount
> Medical marijuana law: No
> Racial disparities in arrests, 2018: Black residents 4.8x more likely than
white to be arrested – #7 highest on list
> Marijuana use, age 12+, in past month, 2021: 294,000 – #33 most
> Total population: 2,934,582 – #35 largest

Source: Roberto Galan / iStock Editorial via Getty Images



Kentucky
> Max penalty: 45 days, $250 for up to 8 ounces; felony -1 to 20 years, $10,000
for over 8 ounces
> Medical marijuana law: Yes. Executive on Nov. 15, 2022 allows access to
medical cannabis for residents who suffer from at least one of 21 medical
conditions.
> Racial disparities in arrests, 2018: Black residents 9.4x more likely than
white to be arrested – #1 highest on list
> Marijuana use, age 12+, in past month, 2021: 375,000 – #29 most
> Total population: 4,509,394 – #26 largest



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Source: Susan Vineyard / iStock Editorial via Getty Images



Oklahoma
> Max penalty: Up to 1 year, $1,000 for any amount
> Medical marijuana law: Yes. Any condition qualifies. 10% of residents have a
card.
> Racial disparities in arrests, 2018: Black residents 4.2x more likely than
white to be arrested – #8 highest on list
> Marijuana use, age 12+, in past month, 2021: 546,000 – #24 most
> Total population: 3,986,639 – #28 largest



Pennsylvania State Police Ford... (CC BY-SA 2.0) by Raymond Wambsgans



Pennsylvania
> Max penalty: Up to 30 days, $500 for 30 grams
> Medical marijuana law: Yes. Legalized on April 6, 2016
> Racial disparities in arrests, 2018: Black residents 3x more likely than white
to be arrested – #16 highest on list
> Marijuana use, age 12+, in past month, 2021: 1395,000 – #7 most
> Total population: 12,964,056 – #5 largest



[in-text-ad]

Source: csfotoimages / iStock Editorial via Getty Images



South Carolina
> Max penalty: 6 months, $1,000 for over 1 ounce
> Medical marijuana law: No
> Racial disparities in arrests, 2018: Black residents 3.5x more likely than
white to be arrested – #13 highest on list
> Marijuana use, age 12+, in past month, 2021: 456,000 – #27 most
> Total population: 5,190,705 – #23 largest

24/7 Wall St.
The 20 Countries Where People Buy the Most Marijuana

City Hall, Lead SD (CC BY-SA 2.0) by David Brossard



South Dakota
> Max penalty: 1 year and up to $2,000 for up to 2 ounces; felony – 1 year,
$4,000 for over 2 ounces
> Medical marijuana law: Yes. Passed by voter initiative in 2020.
> Racial disparities in arrests, 2018: Black residents 5x more likely than white
to be arrested – #5 highest on list
> Marijuana use, age 12+, in past month, 2021: 62,000 – #49 most
> Total population: 895,376 – #46 largest



Washout Memphis-Jackson-16 (CC BY 2.0) by Office of Public Affairs



Tennessee
> Max penalty: 1 to 6 years, up to $2,500 for any amount
> Medical marijuana law: Yes. CBD oils with no more than 0.9% THC are permitted
for very limited medicinal uses.
> Racial disparities in arrests, 2018: Black residents 3.2x more likely than
white to be arrested – #15 highest on list
> Marijuana use, age 12+, in past month, 2021: 579,000 – #22 most
> Total population: 6,975,218 – #16 largest

[in-text-ad-2]

Source: Courtesy of Houston Police Department via Facebook



Texas
> Max penalty: 180 days and $2,000 for less than 2 ounces
> Medical marijuana law: Yes. Texans with certain medical conditions may qualify
for the state’s “compassionate use program.”
> Racial disparities in arrests, 2018: Black residents 2.6x more likely than
white to be arrested – #18 highest on list
> Marijuana use, age 12+, in past month, 2021: 1869,000 – #4 most
> Total population: 29,527,941 – #2 largest




Source: Onfokus / iStock via Getty Images



Utah
> Max penalty: 1 year and $2,500 for 1 ounce to 1 pound
> Medical marijuana law: Yes. Legal to purchase and possess hemp extract, or CBD
oil, if it contains less than 0.03% tetrahydrocannabinol (THC).
> Racial disparities in arrests, 2018: Black residents 4.9x more likely than
white to be arrested – #6 highest on list
> Marijuana use, age 12+, in past month, 2021: 242,000 – #35 most
> Total population: 3,337,975 – #30 largest

[in-text-ad]

Source: Roberto Galan / iStock Editorial via Getty Images



West Virginia
> Max penalty: at least 90 days (but not exceeding 6 months), up to $1,000 for
any amount
> Medical marijuana law: Yes. Residents with serious medical conditions may use
cannabis in pill, oil, or topical forms.
> Racial disparities in arrests, 2018: Black residents 7.3x more likely than
white to be arrested – #2 highest on list
> Marijuana use, age 12+, in past month, 2021: 180,000 – #38 most
> Total population: 1,782,959 – #39 largest


24/7 Wall St.
The Drunkest Cities in America

Source: csfotoimages / iStock Editorial via Getty Images



Wisconsin
> Max penalty: Up to 6 months, up to $1,000 for any amount; felony – 3.5 years,
up to $10,000 for second offense
> Medical marijuana law: No.
> Racial disparities in arrests, 2018: Black residents 4.2x more likely than
white to be arrested – #8 highest on list
> Marijuana use, age 12+, in past month, 2021: 558,000 – #23 most
> Total population: 5,895,908 – #20 largest

Cheyenne Police (CC BY 2.0) by Paul Sableman



Wyoming
> Max penalty: 12 months and $1,000 for 3 grams or less
> Medical marijuana law: No. Limited use of non-psychoactive Cannabidiol is
permitted.
> Racial disparities in arrests, 2018: Black residents 5.2x more likely than
white to be arrested – #4 highest on list
> Marijuana use, age 12+, in past month, 2021: 51,000 – #50 most
> Total population: 578,803 – #50 largest




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Read more: Special Report, Alabama, Cannabis, Drug abuse, drug war, jail,
Kentucky, Marijuana, marijuana policy project, MPP, police, possession limits,
prison, racial disparities in arrests, SAMHSA, Tennessee, the South, Crime

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Contact the 24/7 Wall St. editorial team.




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