Where is Marijuana Legal In The US? Map and List Of States That Don't Allow Medical Or Recreational Weed
Twenty-nine states, as well as the District of Columbia, passed laws that allow the use of legal marijuana—whether for medical purposes or recreationally—for adults 21 and up. While a few states have allowed the use in very specific cases, there are still 21 states across the U.S. that do not offer a comprehensive marijuana program.
Check out a list of states that have yet to legalize marijuana below:
1. Alabama: Although the Cotton State’s Gov. Robert Bentley authorized the very use of nonpsychoactive cannabidiol (CBD) to treat conditions specifically related to debilitating seizures when he signed House Bill 61 into law in May 2016, possessing marijuana of any kind is still highly illegal. Possessing any amount of marijuana for personal use is considered a misdemeanor offense, resulting into one year in jail and a $6,000 fine. People caught with pot in instances other than personal use are subject to felony charges, one to 10 years in prison and a $15,000 fine. Those who are caught selling, trafficking or cultivating the plant are at risk of felony charges and prison sentences between 2 years and life.
2. Georgia: The Peach State currently has a limited medical marijuana program that allows people with severe forms of epilepsy, Parkinson’s disease and cancer to be treated with very low dose cannabis, however, the in-state sale, cultivation or processing is totally illegal. Georgia could potentially expand their medical marijuana program soon if House Bill 65, House Bill 36 and Senate Bill 16 are approved by state congress this year. Until then, though, people caught with less than one ounce of marijuana or less are subject to a misdemeanor charge, one year behind bars and a $1,000. Any more than that, perpetrators could face felony charges, one to 40-year jail sentences and fines as high as $1 million.
3. Idaho: Folks caught with three ounces of marijuana or less in the Gem State face misdemeanor charges, a year in jail and $1,000 fines. Perps possessing three ounces to a pound of weed? That’s a felony charge, five years in the slammer and a $10,000 fine. The jail time and the fines continue to go up from there, with the maximum felony charges resorting to a five-year sentence and potential $50,000 fine.
4. Indiana: Despite the state Senate’s recent approval of a still-very-limited medical marijuana bill that would allow physicians to treat people with epilepsy with a cannabidiol extract containing less than 0.3 percent of THC, the bill still has a long way to go. That's because Hoosier State’s House of Representatives are notoriously against marijuana legislation of any kind. So for now, anyone in possession of any amount of marijuana could face misdemeanor charges as low as 180 days in jail and a $1,000 fine or felony charges as high as six years in jail and a $10,000 fine.
5. Iowa: Lawmakers already filed bills that would bring a comprehensive medical marijuana law to Iowa, but in the meantime people in possession of the plant could face misdemeanor charges, six months prison charges and $1,000 fines. Chronic offenders could be sent to prison for up to two years and potentially be sent to rehab.
6. Kansas: Offenders caught with any amount of pot in the Sunflower State may be subject to misdemeanor charges, six-month jail sentences and fines up to $1,000. However, folks that are found with more than 450 grams of cannabis could face felony charges and may have to spend anywhere between 10 and 42 months on probation. They could also be forced to pay $100,000 fines. The more weed a person is caught with, the higher the years on probation (or even in prison) and, of course, the higher the fine. However, that could change, at least for people suffering from certain medical conditions, if the state's congress passes HB 2348, SB 187, and SB 155, which were filed this year.
7. Kentucky: Although Gov. Matt Bevin supported previously failed marijuana legislation and has openly acknowledged the plant’s medicinal benefits, cannabis is still highly illegal in KFC’s home state. People caught with eight ounces or less could face misdemeanor charges, 45 days in lock-up and a potential $250 fine. However, offenders caught selling eight ounces of pot or less could face up to a year in jail and a $500 fine. Anything higher than that could result in felony charges, one to 20-year prison sentences and fines as high as $10,000.
8. Mississippi: Marijuana, in the amount of 30 grams or less, has been decriminalized, so those in possession won’t face charges but fines ranging from $250 to $500. However, possessing more than 30 grams could result in felony charges, jail time ranging from three years to life and up to $1 million in fines.
9. Missouri: Although offenders caught with up to 10 grams of marijuana won’t face jail time, they could still face misdemeanor charges and a $500 fine. People caught with 10 to 35 grams of marijuana could face misdemeanor charges, one year behind bars and up to a $2,000 fine. Those in possession of more than 35 grams could face felony charges and up to seven years in prison. People caught selling or trafficking 35 grams or less cannabis, however, receive automatic felony charges and potential four-year prison sentences. Caught selling more than 35 grams? That’s anywhere between four and 15 years in jail. And offenders around caught distributing near a school, park or public housing could be sentenced to jail for life.
10. Nebraska: Since marijuana was decriminalized, people caught with an ounce or less may face a civil infraction fine up to $300, but those in possession of more than an ounce could face misdemeanor charges with a minimum of three months in jail or $500 fines or felony charges with sentences as high as life.
11. North Carolina: Since 2015, low dose CBD was allowed for people suffering from epilepsy, but under any other circumstances, people caught with even 0.5 ounces or less of marijuana face misdemeanor charges and a max fine of $200.
12. Oklahoma: Starting July 1, 2017, all marijuana possessions in Oklahoma will be considered misdemeanors after a majority of voters approved State Question 780 during the 2016 election. After a first time offense, lawbreakers will be subjected to a minimum sentence of one year and maximum five years. Following a second time offense, perps could be subjected to felony charges and sentences as long as life.
13. South Carolina: Medical marijuana legislation was introduced to the state’s congress during the start of the 2017 legislative season. But until those bills pass, marijuana of any kind is still illegal. Folks in possession with an ounce or less of pot could spend up to 30 days in jail and face a $200 fine, along with misdemeanor charges. People caught with more could face felony charges and sentences between five and 25 years.
14. South Dakota: SB 95 and SB 129 are currently on the legislative floor in the Mount Rushmore State, both of which aim to legalize medical use of the plant for certain conditions. However, people caught with two ounces or less could face misdemeanor charges, up to a year in jail and fines as high as $2,000. Those caught with more than two ounces are subject to felony charges and anywhere between 10 and 15 years in the slammer. Fines could also be issued as high as $30,000.
15. Tennessee: Only people suffering from debilitating seizures are allowed access to cannabis oils. Lawmakers in the state are also currently pushing to have current infrastructure advanced into a comprehensive medical marijuana law that would benefit people with various types of medical conditions. Until then, weed offenders could still face misdemeanor charges resulting in a year of jail time for a half-ounce or less of pot or anywhere between one and 60-year prison sentences for felony charges of possession of more than a half-ounce.
16. Texas: Medical marijuana could become legal in the Lone Star State if SB 269 and HB 2017 pass. Not to mention, several bills have also been filed to decriminalize possession of the plant. But as it stands, people caught in Texas with two ounces or less could spend 180 days in jail and be forced to pay up to $2,000 in fines for the misdemeanor charge. Texans with more than four ounces of pot could face felony charges with sentences ranging from 180 days to 99 years and fines as high as $100,000.
17. Utah: The Beehive State may soon have a comprehensive medical marijuana law. SB 211, which would legalize medical use of the plant for people suffering from chronic illnesses and pain, is reportedly headed to the Senate floor. In the meantime, anyone in possession of marijuana of an ounce or less could be charged with a misdemeanor leading to up to six months in jail and a $1,000 fine. People caught with one ounce to 100 pounds of the plant could face felony charges along with a minimum of 5 years or a maximum of 15 years.
18. Virginia: First time offenders could face misdemeanor charges and up to 30 days in jail for possession of a half-ounce or less of marijuana, while second-time offenders could be subjected to one-year prison sentences. However, sale, manufacturing and trafficking charges come with automatic felony charges that could range in prison sentences, depending on the circumstances, as low as one year or as high as life.
19. West Virginia: The state’s Gov. Jim Justice supported previously failed medical marijuana legislation, however, use, possession, cultivation and sale of the plant is still very illegal. House Bill 2677 and Senate Bill 386 are currently under consideration in West Virginia, but any amount of marijuana possession could result in misdemeanor charges and a minimum of 90 days in jail, as well as a $1,000 fine.
20. Wisconsin: In February, the Senate approved the use of cannabidiol oil for children suffering from epileptic seizures. However, any other use of the plant is not tolerated. First time offenders caught with any amount of marijuana could receive misdemeanor charges and six-month jail sentences while second time (or repeat) offenders are subject to felony charges and jail sentences starting at 3.5 years.
21. Wyoming: Even if a person is caught under the influence of marijuana, they could receive misdemeanor charges, a six-month jail sentences and fines up to $750. People caught with three ounces of pot or less also face misdemeanor charges but sentences starting at 12 months while anything more than three ounces could result in felony charges and sentences ranging from five to 10 years.
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