These Are the States To Avoid Getting Caught With Marijuana

Over the last 20 years, America has made massive strides in the legalization of weed. In 1996, California passed its historic Proposition 215, which legalized marijuana for the treatment of medical conditions, such as AIDS and cancer. Years later, in 2014, the Rohrabacher-Farr amendment was signed into law. This amendment prohibited the Justice Department from meddling with state legislation regarding medical cannabis. Jump to 2018, and the Federal Government legalized the sale of hemp-derived CBD products.

Cannabis legislation continues to make headlines with the Supreme Court, like in the case of Florida’s recent decision to approve a ballot initiative to legalize recreational marijuana. In November, the Sunshine State’s voters will decide whether or not Florida will join the growing list of pot-friendly states.

Long after medical marijuana was legalized, states began decriminalizing cannabis for recreational use in 2012, mostly through ballot measures. Vermont was the first state to legalize recreational cannabis use through the legislature, in 2018. As of the beginning of 2023, a majority of Americans had access to legal marijuana. 

Despite moves toward the tolerance of marijuana, some states are still stuck in the past, favoring more traditional laws. These states prosecute citizens for possession, sometimes harshly, even for having a miniscule amount of weed. In fact, 19 states still arrest people possessing less than 1 ounce of cannabis. Having this amount can even land you in prison. A report conducted by the American Civil Liberties Union revealed that law enforcement made more than 6.1 million marijuana-related arrests from 2010-2018. Felony charges for possessing marijuana exist in five states — Florida, Idaho, Kansas, Kentucky, and Tennessee.

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.

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 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. 

Why We Are Talking About This

Americans love their weed. From old-school hippies lighting up in their VWs, to younger generations puffing vapes, weed smokers know no bounds. If you are intent on having pot at your side, even while traveling, then it is imperative to know the laws across multiple states. Understanding possession laws will keep you safe and out of prison and allow you to avoid any unnecessary surprises while you imbibe.

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

South Carolina

• Maximum Penalty: 6 months and a fine of $1,000 for over 1 ounce
• Medical Marijuana: Not legal
• Statistics: Black residents are 3.5 times more likely than white residents to be arrested for pot possession.

Wyoming

• Maximum Penalty:12 months and $1,000 for 3 grams or less
• Medical Marijuana: Not legal, but limited use of non-psychoactive Cannabidiol is permitted
• Statistics: Black residents are 5.2 times more likely than white residents to be arrested for pot possession.

Texas

• Maximum Penalty: 180 days and a fine of $2,000 for less than 2 ounces
• Medical Marijuana: Legal; Texans with certain medical conditions may qualify for the state’s “compassionate use program.”
• Statistics: Black residents are 2.6 times more likely than white residents to be arrested for pot possession.

Florida

• Maximum Penalty: Between 1 year and $1,000 for up to 20 grams and a felony charge of 5 years and up to $5,000 for over 20 grams
• Medical Marijuana: Legal; sharing is prohibited
• Statistics: Black residents are 4 times more likely than white residents to be arrested for pot possession.

Arkansas

• Maximum Penalty:1 to 6 years in jail and a $2,500 fine for 4 ounces
• Medical Marijuana: Legal; patients may purchase up to 2.5 ounces per 14-day period from state licensed dispensaries
• Statistics: Black residents are 2.4 times more likely than white residents to be arrested for pot possession.

Idaho

• Maximum Penalty:5 years in prison if caught with intent to distribute and fine of $1,000 for up to 3 ounces
• Medical Marijuana: Not legal
• Statistics: Black residents are 3.9 times more likely than white residents to be arrested for pot possession.

Pennsylvania

• Maximum Penalty: up to 30 days and a fine of $500 for 30 grams
• Medical Marijuana: Legal
• Statistics: Black residents are 3 times more likely than white residents to be arrested for pot possession.

Indiana

• Maximum Penalty: 6 months and a fine up to $1,000 for any amount
• Medical Marijuana: Not legal
• Statistics: Black residents are 3.5 times more likely than white residents to be arrested for pot possession.

Iowa

• Maximum Penalty: 6 months and a fine of up to $1,000 for any amount
• Medical Marijuana: Legal; patients may purchase 4.5 grams of THC every 90-day period
• Statistics: Black residents are 7.3 times more likely than white residents to be arrested for pot possession.

Kansas

• Maximum Penalty:12 months and a fine of up to $2,500 for any amount
• Medical Marijuana: Not legal
• Statistics: Black residents are 4.8 times more likely than white residents to be arrested for pot possession.

Kentucky

• Maximum Penalty: between 45 days and a fine of $250 for up to 8 ounces and becomes a felony charge of -1 to 20 years and a fine of $10,000 for over 8 ounces
• Medical Marijuana: Legal for residents who suffer from at least one of 21 medical conditions 
• Statistics: Black residents are 9.4 times more likely than white residents to be arrested for pot possession.

Oklahoma

• Maximum Penalty: up to 1 year and a fine of $1,000 for any amount
• Medical Marijuana: Legal; any condition qualifies and 10% of residents have a card
• Statistics: Black residents are 4.2 times more likely than white residents to be arrested for pot possession.

Georgia

• Maximum Penalty: 1 year in prison for over 1 ounce
• Medical Marijuana: Not legal
• Statistics: Black residents are 3 times more likely than white residents to be arrested for pot possession.

South Dakota

• Maximum Penalty: between 1 year and a fine of up to $2,000 for up to 2 ounces and becomes a felony charge of -1 year and a fine of $4,000 for over 2 ounces
• Medical Marijuana: Legal
• Statistics: Black residents are 5 times more likely than white residents to be arrested for pot possession.

Utah

• Maximum Penalty: 1 year and a fine of $2,500 for 1 ounce to 1 pound
• Medical Marijuana: Legal; it is legal to purchase and possess hemp extract, or CBD oil, if it contains less than 0.03% THC
• Statistics: Black residents are 4.9 times more likely than white residents to be arrested for pot possession.

West Virginia

• Maximum Penalty: at least 90 days (but not exceeding 6 months) and up to $1,000 for any amount
• Medical Marijuana: Legal; residents with serious medical conditions may use cannabis in pill, oil, or topical forms
• Statistics: Black residents are 7.3 times more likely than white residents to be arrested for pot possession.

Tennessee

• Maximum Penalty: 1 to 6 years and a fine of up to $2,500 for any amount
• Medical Marijuana: Legal for limited medical purposes; CBD oils with no more than 0.9% THC are permitted
• Statistics: Black residents are 3.2 times more likely than white residents to be arrested for pot possession.

Wisconsin

• Maximum Penalty: between up to 6 months and a fine of up to $1,000 for any amount and becomes a felony of -3.5 years and a fine of up to $10,000 for a second offense
• Medical Marijuana: Not legal
• Statistics: Black residents are 4.2 times more likely than white residents to be arrested for pot possession.

Alabama

Alabama’s maximum penalty for pot possession is a year in jail and a $6,000 fine. It has, however, legalized marijuana for medical purposes. Black residents are 4.1 times more likely than white to be arrested.

• Maximum Penalty: 1 year in jail and a $6,000 fine
• Medical Marijuana: Legal
• Statistics: Black residents are 4.1 times more likely than white residents to be arrested for pot possession.

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