Getting Caught With Weed in These States Is Brutal

Just a few decades ago, it was possible to go to jail for the possession of marijuana, regardless of which city or state you were in. In fact, if you got caught with any substantial amount of weed, you were almost certain to be arrested. However, a lot has changed over the years. Beginning in 1996, the passing of California’s Proposition 215 allowed patients with severe medical issues to receive treatment-related marijuana. And as recently as 2018, the Federal Government made CBD products legal, so long as they are derived from hemp. Now, millions of Americans across multiple states have access to legal marijuana.

Despite how far the legalization of pot has come, overall acceptance of this natural drug is still in its infancy. Some states are vehemently opposed to legal weed and are tough on those caught with any amount of the substance. When it comes to marijuana, these states are miles behind the more liberal states that welcome weed consumption. Being caught with weed in these locations can result in harsh punishment, even when less than one ounce is confiscated. And in the states of Kentucky, Tennessee, Florida, Idaho, and Kansas, possessing marijuana can be a felony.

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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