What You Need to Know About Drug Possession Laws By State
Every state has different drug possession laws. Here are the drug possession laws by state.
State Drug Possession Laws
The most common charge made under state drug laws involves the possession of drugs. For a state to charge an individual with a possession conviction, the government must prove the accused:
- Knowingly and intentionally possessed a controlled substance
- Without a valid prescription, and
- In a quantity sufficient for personal use or sale.
Each state has adopted its own laws prohibiting the possession of drugs. State drug laws and the associated penalties are usually based on the classification of drugs in the Federal Controlled Substance Act. The federal government places controlled substances into 5 different categories:
Related: How to Beat a Drug Possession Charge
- Schedule I: high potential for misuse, no accepted medical treatment in the U.S, lack of safety
- Schedule II: high potential for misuse and addiction, allowed in the U.S with strict control
- Schedule III: lower potential for misuse, accepted as part of medical treatment, abuse can lead to severe psychological
- dependence and/or mild to moderate dependence
- Schedule IV: low potential for misuse and psychological or physical dependence, currently accepted in medical use
- Schedule V: lowest potential for abuse or dependence, accepted as legitimate medical
treatment
The following table contains drug possession laws by state specific to marijuana.
Drug Possession Laws by State
| State | Marijuana:
Misdemeanor Possession and Penalties |
Marijuana:
Felony Possession and Penalties |
Medical Marijuana Possession Legal? |
| Alabama | – Any amount possessed for personal use: up to 1 year in jail and a maximum $6000 fine | – Any amount possessed for non-personal use: 1 to 10 years in jail and a maximum $15,000 fine
– Any amount for personal use after a previous conviction for unlawful possession of marijuana: 1-5 years in jail and a maximum $7,500 fine |
– Only when treating specific medical conditions |
| Alaska | – 1-4 oz: up to 1 year in jail and a maximum $25,000 fine | – 4 oz or more: up to 1 year in jail and a maximum $25,000 fine | – up to 1 oz of usable marijuana and 6 marijuana plants (only 3 may be mature) |
| Arizona | – Over 21: No misdemeanor
– Under 21: can fact a misdemeanor for third offense |
– 2.5 oz-2 lbs: 6 months to 1.5 years in jail and a $150,000 fine
– 2-4 lbs: 9 months to 2 years in jail and a $150,000 fine – 4 lbs or more: 1.5 to 3 years in jail and a $150,000 fine |
– up to 2.5 oz of usable marijuana in a 14-day period |
| Arkansas | – less than 4 oz: up to 1 year of jail and a maximum $2,500 fine | – 4 oz-10 lbs: up to 6 years in jail and a maximum $10,000 fine
– 10-25 lbs: 3 to 10 years in jail time and a maximum $10,000 fine – 25-100 lbs: 5 to 20 years in jail and a maximum $15,000 fine – 100-500 lbs: 6 to 30 years in jail and a maximum $15,000 fine |
– up to 2.5 oz in a 14-day period |
| California | – more than 28.5 g: up to 6 months in jail and a maximum $500 fine | – No felony marijuana possession | – the amount varies, but must be consistent with patient’s needs |
| Colorado | – 2-6 oz: up to 1 year in jail and a maximum $750 fine
– 6-12 oz: up to 18 months in jail and a maximum $5,000 fine |
– No felony marijuana possession | – up to 2 oz of usable marijuana and 6 marijuana plants (only 3 may be mature) |
| Connecticut | – 1/2 oz or more: up to 1 year in jail and a maximum $2,000 fine | – No felony marijuana possession | – up to one month supply |
| Delaware | – 1 oz to 175g: up to 3 months in jail and a maximum $575 fine | – 175g to 1,500g: up to 2 years of jail and a monetary fine
– 1,500g to 5,000g: up to 5 years of jail and a monetary fine – 5,000g or more: 2 to 25 years of jail and a monetary fine |
– up to 6 oz of usable marijuana |
| District of Columbia (D.C) | – 2 oz or more: up to 5 months in jail and a maximum $1,000 fine | – No felony marijuana possession | – up to 4 oz in a 30-day period |
| Florida | – 20g or less: up to 1 year in jail and a maximum $1,000 fine | – 20g – 25 lbs: up to 5 years in jail and a maximum $5,000 fine
– more than 25 lbs: up to 30 years in jail and a maximum $200,000 fine |
– up to 70-day supply |
| Georgia | – 1 oz or less: up to 1 year in jail and a maximum $1,000 fine | – 1 oz – 10 oz: 1 to 10 years in jail
– more than 10 lbs: considered trafficking, 5 to 30 years in jail and a maximum $1 million fine |
– No |
| Hawaii | – 3g – 1 oz: up to 30 days in jail and a maximum $1,000 fine
– 1 oz – 1 lb: up to 1 year in jail and a maximum $2,000 fine |
– 1 1b or more: up to 5 years in jail and a maximum &10,000 fine | – up to 4 oz of usable marijuana and up to 10 marijuana plants |
| Idaho | – 3 oz or less: up to 1 year in jail and a maximum $1,000 fine | – 3 oz to 1 lb: up to 5 years in jail and a maximum $10,000 fine
– 1 lb or more: considered trafficking, 1 to 15 years in jail and a maximum $50,000 fine |
– No |
| Illinois | – (Residents) 30g – 100g: up to 1 year in jail and a maximum $2,500 fine
– (Non-residents) 15g- 30g: up to 6 months in jail and a maximum $1,500 fine |
– 100g – 500g: 1 to 3 years in jail and a maximum $25,000 fine
– 500g – 2,000g: 2 to 5 years in jail and a maximum $25,000 fine – 2,000g – 5,000g: 3 to 7 years in jail and a maximum $25,000 fine – more than 5,000g: 4 to 15 years in jail and a maximum $25,000 fine |
– up to 2.5 oz in a 14-day period |
| Indiana | – any amount (1st offense): up to 180 days in jail and a maximum $1,000 fine
– less than 30g with a prior drug offense conviction: up to 1 year in jail and a maximum $5,000 fine |
– 30g or more with a prior drug offense conviction: 6 months to 2.5 years in jail and a maximum $10,000 fine | – No |
| Iowa | – any amount (1st offense): up to 6 months in jail and a maximum $1,000 fine
– any amount (2nd offense): up to 1 year in jail and a $430 to $2,560 fine – any amount (3 or more offenses): up to 2 years in jail and a $855 to $8,540 fine |
– No felony marijuana possession | – No |
| Kansas | – 450g or less (1st offense): up to 6 months in jail and a maximum $1,000 fine
-450g or less (2nd offense): up to 1 year in jail and a maximum $2,500 fine |
– any amount (3rd offense): up to 3.5 years in jail and a maximum $100,000 fine
– 450g or more: up to 3.5 years in jail and a maximum $100,000 fine |
– No |
| Kentucky | – 8 oz or less: up to 45 days in jail and a maximum $250 fine | – 8 oz to 5 lbs: 1 to 5 years in jail and a maximum $10,000 fine
– 5 lbs or more: 5 to 10 years in jail and a maximum $10,000 fine |
– No |
| Louisiana | – 14g or less: up to 15 days in jail and a maximum $300 fine
– 14g to 2.5 lbs: up to 6 months in jail and a maximum $500 fine – less than 2.5 lbs (1st offense): up to 6 months in jail and a maximum $1,000 fine – less than 2.5 lbs (2nd offense): up to 2 years in jail and a maximum $2,500 fine – less than 2.5 lbs (3rd offense): up to 8 years in jail and a maximum $5,000 fine |
– 2.5 lbs or more: 1 to 20 years in jail and a maximum $50,000 fine | – up to 30-day supply |
| Maine | – 2.5-8 oz: up to 6 months in jail and a maximum $1,000 fine
– 8-16 oz: up to 1 year in jail and a maximum $2,000 fine |
– 1-20 lbs: up to 5 years in jail and a maximum $5,000 fine
– more than 20 lbs: up to 10 years in jail and a maximum $20,000 fine |
– up to 8 lbs of harvested marijuana |
| Maryland | 10g – 50 lbs: up to 6 months in jail and a maximum $1,000 fine | – 50 lbs or more: 5 years minimum in jail and a maximum $100,000 fine | – up to 30-day supply |
| Massachusetts | – more than 1 oz (1st offense): up to 6 months in jail and a maximum $500 fine
– more than 1 oz (subsequent offense): up to 2 years in jail and a maximum $2,000 fine |
– No felony marijuana possession | – up to 10 oz every 2 months |
| Michigan | – more than 5 oz: $500 fine | – No felony marijuana possession | – up to 2.5 oz of usable marijuana and up to 12 marijuana plants kept in an enclosed and locked facility |
| Minnesota | – 42.5g or less: $300 fine | – 42.5g – 10kg: up to 20 years in jail and a maximum $250,000 fine
– 25-50 kg: up to 25 years in jail and a maximum $500,000 fine – 50kg or more: up to 30 years in jail and a maximum $1,000,000 fine |
– up to 30-day supply |
| Mississippi | – 30g or less (2nd offense): up to 60 days in jail and a maximum $250 fine
– 30g or less (3rd offense or more): up to 6 months in jail and a maximum $1,000 fine – 1-30g possessed in motor vehicle: up to 90 days in jail and a maximum $1,000 fine |
– 30-250g: up to 3 years in jail and a maximum $3,000 fine
– 250-500g: 2 to 8 years in jail and a maximum $50,000 fine – 500g – 1 kg: 4 to 16 years in jail and a maximum $250,000 fine |
– No |
| Missouri | – 10g or less (1st offense): up to $500 fine
– 10g or less (2nd offense): up to 1 year in jail and a maximum $2,000 fine – 10-35g: up to 1 year in jail and a maximum $2,000 fine |
– more than 35g: up to 7 years in jail and a maximum $10,000 fine | – up to 4 oz of usable marijuana per 30 days and up to 6 flowering plants |
| Montana | – No misdemeanor marijuana possession | – more than 2 oz: up to 5 years in jail and a maximum $5,000 fine | – up to 1 oz of usable marijuana |
| Nebraska | – 1 oz or less (2nd offense): up to 5 days in jail
– 1 oz or less (3rd or more offense): up to 7 days in jail, $500 fine – 1 oz – 1 lb : up to 3 months in jail and a maximum $500 fine |
– more than 1 lb: up to 2 years in jail and a maximum $10,000 fine | – No |
| Nevada | – consuming cannabis in public or vehicle: a maximum $600 fine | – 1 oz – 42g: 1 to 10 years in jail and a maximum $50,000 fine
– 42-100g: 2 to 15 years in jail and a maximum $50,000 fine |
– up to 2.5 oz of usable marijuana and up to 12 plants |
| New Hampshire | – 3/4 oz or less (4th or more offense): $1,200 fine
– more than 3/4 oz: up to 1 year in jail and a maximum $350 fine |
– No felony marijuana possession | – up to 2 oz |
| New Jersey | – more than 6 oz: up to 18 months and maximum $25,000 fine
(classifies all offenses as crimes, does not use the terms misdemeanor and felony) |
– more than 6 oz: up to 18 months and maximum $25,000 fine
(classifies all offenses as crimes, does not use the terms misdemeanor and felony) |
– 3 oz per month |
| New Mexico | – 0.5-1 oz (1st offense): up to 15 days in jail and a $50 to $100 fine
– 0.5-1 oz (2nd offense or more): up to 1 year in jail and a $100 to $1,000 fine – 2-8 oz: up to 1 year in jail and a $100 to $1,000 fine |
– more than 8 oz: up to 1.5 years in jail and a maximum $5,000 fine | – 8 oz per 90-day period |
| New York | – 16 oz – 5 lbs: up to 1 year in jail and a maximum $1,000 fine | – 5-10 lbs: up to 4 years in jail and a maximum $5,000 fine
– more than 10 lbs: up to 7 years in jail and a maximum $5,000 fine |
– up to 60-day supply |
| North Carolina | – 0.5 oz or less: a maximum $200 fine
– 0.5-1.5 oz: up to 45 days in jail and a discretionary fine |
– 1.5 oz – 10 lbs: 3 to 8 months in jail and a discretionary fine imprisonment
– more than 10 lbs: considered trafficking, 25 months to 18.5 years in jail and a maximum $200,000 fine |
– No |
| North Dakota | – 0.5 oz to 500g: up to 30 days in jail and a maximum $1,5000 fine
– more than 500g: up to 1 year in jail and a maximum $3,000 fine |
– No felony marijuana possession | – up to 3 oz |
| Ohio | – 100g or less: a maximum $150 fine
– 100-200g: up to 30 days in jail and a maximum $250 fine |
– 200-1,000g: up to 1 year in jail and a maximum $2,500 fine
– 1,000-20,000g: 1 to 3 years in jail and a $5,000 to $10,000 fine – 20,000-40,000g: 5 to 8 years in jail and a maximum $15,000 fine – more than 40,000g: at least 8 years in jail and a maximum $20,000 fine |
– up to 8 oz per 90 days |
| Oklahoma | – any amount: up to 1 year in jail and a maximum $1,000 fine | – No felony marijuana possession | – up to 3 oz on a person, up to 8 oz in a residence |
| Oregon | – 2-4 oz on person or 1-2 lbs in residence: up to 6 months in jail and a maximum $2,500 fine
– 4-8 oz on person or 2-8 lbs in residence: up to 1 year in jail and a maximum $6,250 fine |
– more than 8 lbs: up to 5 years in jail and a maximum $125,000 fine | – up to 24 oz usable marijuana, up to 6 mature plants |
| Pennsylvania | – 30 g or less: up to 30 days in jail and a maximum $500 fine
– more than 30g (1st offense): up to 1 year in jail and a maximum $5,000 fine – more than 30g (2nd offense or more): up to 3 years in jail and a maximum $25,000 fine |
– No felony marijuana possession | – up to 30-day supply |
| Rhode Island | – 1 oz or more: up to 1 year in jail and a maximum $500 fine | – No felony marijuana possession, unless intent to distribute is present | – up to 2.5 oz, up to 12 mature and 12 immature plants |
| South Carolina | – 1 oz or less (1st offense): up to 30 days in jail and a $100 to $200 fine
– 1 oz or less (2nd offense): up to 1 year in jail and a maximum $2,000 fine |
– 1 oz – 10 lbs: considered possession with intent to distribute, up to 5 years in jail and a maximum $5,000 fine
– 10 lbs or more: considered trafficking, up to 30 years in jail and a maximum $250,000 fine |
– No |
| South Dakota | – 2 oz or less: up to 1 year of jail and a maximum $2,000 fine | – 2 oz – 0.5 lb: up to 2 years in jail and a maximum $4,000 fine
– 0.5-1 lb: up to 5 years in jail and a maximum $10,000 fine – 1-10 lbs: up to 10 years in jail and a maximum $20,000 fine – more than 10 lbs: up to 15 years in jail and a maximum $30,000 fine |
– must follow guidelines for the medical cannabis programs |
| Tennessee | – 0.5 oz or less: up to 1 year in jail and a maximum 2,500 fine | – 0.5 oz – 10 lbs (if intent to distribute proved): up to 6 years in jail and a maximum $5,000 fine
– more than 10 lbs: penalty depends on weight of marijauan, up to 60 years in jail and a maximum $200,000 fine |
– No |
| Texas | – 2 oz or less: up to 180 days in jail and a maximum $2,000 fine
– 2-4 oz: up to 1 year in jail and a maximum $4,00 fine |
– 4 oz – 5 lbs: minimum mandatory 180 days in jail, up to 2 years in jail and a maximum $10,000 fine
– 5-50 lbs: mandatory 2 years in jail, up to 10 years in jail and a maximum $10,000 fine – 50-2,000 lbs: mandatory 2 years in jail, up to 20 years in jail and a maximum $10,000 fine – more than 2,000 lbs: mandatory 5 years in jail, up to 99 years in jail and a maximum $50,000 fine |
– No |
| Utah | – less than 100 lbs (1st or 2nd offense): up to 6 months in jail and a maximum $1,000 fine
– less than 100 lbs (3rd offense): up to 1 year in jail and a maximum $2,500 fine – less than 100 lbs (4th or more offense): up to 5 years in jail and a maximum $5,000 fine |
– 100 lbs or more: 1 to 15 years in jail and a maximum $10,000 fine | – up to 30 day supply |
| Vermont | – 2-8 oz (1st offense): up to 6 months of jail and a maximum $500 fine
– 2-8 oz (2nd offense or more): up to 2 years of jail and a maximum $2,000 fine |
– 8 oz – 1 lb: up to 3 years in jail and a maximum $10,000 fine
– 1-10 lbs: up to 5 years in jail and a maximum $100,000 fine – more than 10 lbs: up to 15 years in jail and a maximum $500,000 fine |
– up to 2 oz of usable marijuana, up to 7 immature plants, up to 2 mature plants |
| Virginia | – 5-10 marijuana plants (2nd offense): a maximum $500 fine
– 5-10 marijuana plants (3rd offense or more): up to 6 months in jail and a maximum $1,000 fine – 11-49 plants: up to 1 year in jail and a maximum $2,500 fine – 50-100 marijuana plants: 1 to 5 years in jail and a maximum $2,500 fine |
– more than 1 lb: 1 to 10 years in jail and a maximum $250,000 fine | – up to 4 oz per 30 days |
| Washington | – up to 40 oz: minimum 24 hours in jail and a maximum $1,000 fine | – more than 40 oz: up to 5 years in jail and a maximum $10,00 fine | – up to 3 oz of usable marijuana |
| West Virginia | – any amount: 90 days to 6 months in jail and a maximum $1,000 fine | – No felony marijuana possession | – up to 30-day supply |
| Wisconsin | – any amount (1st offense): up to 6 months in jail and a maximum $1,000 fine | – any amount (2nd offense or more): up to 3.5 years in jail and a maximum $10,000 fine | – No |
| Wyoming | – 3 oz or less: up to 1 year in jail and a maximum $1,000 fine | – more than 3 oz: up to 5 years in jail and a maximum $10,000 fine | – No |
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All information is accurate as of June 21, 2022. State drug laws are always subject to change with new legislation, rulings in higher courts, ballot initiatives, and other means. An individual should consult the state website to verify the current state law(s).
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