Legal status of cannabis in the 50 US states


Complete and updated information on the legal status of cannabis and its derivatives in the 50 states of the US

Cannabis in the US. The states that make up the United States of America are fifty:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

*Means minimum mandatory sentence.

Alabama

Neither medical marijuana nor recreational marijuana is legal.

So far, marijuana is completely banned in Alabama and its possession constitutes a crime.

However, Alabama lawmakers have advanced a bill that would establish a limited medical marijuana sales program to treat some diseases.

The Senate Judiciary Committee voted 6-2 in favor of the bill after a public hearing.

The bill now moves to the full Alabama Senate, which is controlled by Republicans.

Requirements of the bill of Republican Senator Tim Melson:

Maximum THC content of 3%.

 Establish a Medical Cannabis Commission that develops a regime of cultivation, processing and licensing of dispensaries based on the demand expected by the market.

 The agency would issue the regulations for obtaining a license no later than January 1, 2021. Proponents of the bill declared that medical marijuana has been shown to help people with some diseases without the danger of opiates.

Possession for personal use

Marijuana for “personal use only” is a Class A misdemeanor that is punishable by a maximum sentence of 1 year in jail and a maximum fine of $ 6000. Marijuana that someone has for reasons other than “personal use”, or if the offender has previously been convicted of possessing marijuana only for “personal use”, is considered illegal possession of marijuana in the first degree and is a Class C felony. which is punishable by a jail sentence for at least one year and a maximum sentence of 10 years and a maximum fine of $ 15,000.

Cultivation

Cultivation is punished as a simple possession or as a possession with intent to distribute, depending on the amount of marijuana that is produced and other factors that may lead to the conclusion that marijuana is grown for reasons other than personal consumption. See the “Possession for personal use” section for more details on the penalty.

The manufacture of a controlled substance, such as hashish, is a Class B felony.

Hashish and concentrated

Possession of a substance in Annex I is a Class C felony. A conviction for a Class C felony involves a sentence ranging from 1 year to 1 day in jail to 10 years in jail. As you can see, the criminal treatment of marijuana is different from hashish because with hashish there is no minor penalty for personal use. Possession of hashish or concentrates in Alabama will always be a Class C felony, even if it is for personal use.

Alaska

Both medical and recreational marijuana are legal.

Neither medical marijuana nor recreational marijuana is legal.

So far, marijuana is completely banned in Alabama and its possession constitutes a crime.

However, Alabama lawmakers have advanced a bill that would establish a limited medical marijuana sales program to treat some diseases.

The Senate Judiciary Committee voted 6-2 in favor of the bill after a public hearing. The bill now moves to the full Alabama Senate, which is controlled by Republicans.

Maximum THC content: 0.3%.

 Establish a Medical Cannabis Commission that develops a regime of cultivation, processing and licensing of dispensaries based on the demand expected by the market.

 The agency would issue the regulations for obtaining a license no later than January 1, 2021.

Proponents of the bill declared that medical marijuana has been shown to help people with some diseases without the danger of opiates.

Possession for personal use

Marijuana for “personal use only” is a Class A misdemeanor that is punishable by a maximum sentence of 1 year in jail and a maximum fine of $ 6000. Marijuana that someone has for reasons other than “personal use”, or if the offender has previously been convicted of possessing marijuana only for “personal use”, is considered illegal possession of marijuana in the first degree and is a Class C felony. which is punishable by a jail sentence for at least one year and a maximum of 10 years and a maximum fine of $ 15,000.

Cultivation

The cultivation is punished as a simple possession or as a possession with the intention of distributing, depending on the amount of marijuana that is grown and other factors that may lead to the conclusion that marijuana is grown for reasons other than personal consumption. See the “Possession for personal use” section for more details on the penalty.

The manufacture of a controlled substance, such as hashish, is a Class B felony.

Hashish and concentrated

Possession of a substance in Annex I is a Class C felony. A conviction for a Class C felony involves a sentence ranging from 1 year to 1 day in jail to 10 years in jail. As you can see, the criminal treatment of marijuana is different from hashish because with hashish there is no minor penalty for personal use. Possession of hashish or concentrates in Alabama will always be a Class C felony, even if it is for personal use.

Arizona

In Arizona, only medical marijuana is legal. However, most likely, recreational marijuana will be legalized in 2020. Arizona legalized medical marijuana in 2010. Then there was a failed attempt to legalize recreational marijuana in 2016. In 2019, those who are in the marijuana industry have uncertainty about the future.

Political analysts do not believe that Governor Doug Ducey will raise funds or campaign against the legalization of recreational marijuana in 2020, as he did in 2016. On the other hand, he has recently signed a bill that reduces the cost of a card Medical marijuana in half, which greatly benefits medical cannabis users. Political changes and public sentiment in favor of the use of marijuana indicate that Arizona is prepared to legalize recreational marijuana in 2020.

Possession

Less than 2 pounds (0.9 kilos). It is a crime of 6 that is punishable by between 6 months – 1.5 years in jail and a fine of up to $ 150,000.  

2 – 4 pounds is a class 5 crime that is punishable by between 9 months and 2 years in prison and a fine of up to $ 150,000.

 4 pounds or more, It is a class 4 crime that is punishable by between 1.5 – 3 years in jail and a fine of up to $ 150,000.

Cultivation

Less than 2 pounds (900 grams). It is a class 5 crime that is punishable by 9 months to 2 years jail and a fine of up to $ 150,000.

 2 – 4 pounds (900 to 1800 grams). It is a class 4 crime that is punishable by 1.5 – 3 years in jail and a fine of up to $ 150,000.

 4 pounds (1800 grams) or more. It is a class 3 offense that is punishable by 2.5 – 7 years in jail and a fine of up to $ 150,000.

Arkansas

Medical marijuana is legal but recreational marijuana is illegal in this state.

But what about medical marijuana?

After the launch of the medical marijuana program was approved in 2016, it has had numerous delays. Fortunately, things are improving and patients can finally get access to medical marijuana since this last spring.

The Medical Marijuana Commission has licensed five medical marijuana growers and 32 retail dispensaries. Growers have begun to make their way and dispensaries recently received approval to begin their work. Growers have medical marijuana for dispensaries since April.

The Arkansas medical marijuana program has recently opened clinics that already serve patients.

The dispensaries sold 52 pounds (23.5 kilos) of medical marijuana during the first week of sales, which began on May 11. Sales reached $ 353802. This amount does not include a sales tax of 13.5 percent and a “privilege tax” of 4 percent charged for purchases of medical marijuana in Arkansas.

Possession for personal use

Possession of less than 4 ounces (113 grams) of marijuana is a Class A misdemeanor, which is punishable by up to 1 year in jail and a fine of up to $ 2,500.

 Possession of between 1 ounce (28 grams) and less than 4 ounces by an offender who has had 2 or more convictions for previous drugs is a Class D felony that is penalized with up to 6 years in prison and a fine of up to 10,000 Dollars.

Possession between 4 ounces (113 grams) and less than 10 pounds (4.5 kilos) is a Class D felony that is punishable by up to 6 years in jail and a fine of up to $ 10,000.

Possession between 10 pounds (4.5 kilos) and less than 25 pounds (11.3 kilos) is a Class C felony that is punishable by a mandatory minimum sentence of 3 years, and the sentence can reach up to 10 years in jail, and a fine that does not exceed $ 10,000.

Possession of between 25 pounds and less than 100 pounds (45.3 kilos) is a Class B felony that is punishable by a mandatory minimum sentence of 5 years, and can reach up to 20 years in jail and a fine that does not exceed $ 15,000

 Possession of 100 pounds and less than 500 pounds (226.7 kilos) is a Class A felony that is punishable by a mandatory minimum sentence of 6 years, and can reach up to 30 years in jail, and a fine that does not exceed $ 15,000.

Violators for possession for the first time can be sentenced to probation for a period of not less than one year, instead of jail.

A second or subsequent conviction will result in a double penalty.

Cultivation

The crop is punished as simple possession or as possession with intent to sell, depending on the amount of marijuana that is grown and other factors that may lead to the conclusion that marijuana is grown for reasons other than strict personal use. See the “Simple possession” sections for more details on the penalty if the crop is for personal consumption. If you grow to sell we will not give you the information you are looking for.

California

In this state both medical and recreational marijuana is legal.

Until the 2016 election owning an ounce (28 grams) or less of marijuana was a violation similar to a speeding ticket. After the vote, possession of an ounce or less and the cultivation of up to six plants was legal for all adults over 21 years.

California stopped wasting valuable resources by citing, arresting and prosecuting marijuana offenders and is now at the stage of ensuring that the benefits of marijuana sales go to responsible businesses and state budgets, rather than to criminals.

Possession

Proposition 64, the Adult Marijuana Use Act, allows adults over 21 who do not participate in the state’s medical cannabis program to legally cultivate (up to six plants, including the entire crop of those plants) and possess amounts of personal use of cannabis (up to an ounce (28 grams) of flowers and / or up to eight grams of concentrates) while authorizing commercial cannabis production and retail sales. The law entered into force on November 9, 2016.

Possession of more than 28.5 grams is a misdemeanor that is punishable by up to 6 months in prison and / or a fine of up to $ 500. If the amount possessed is 28.5 grams or less, but the person is 18 years of age or older and possession happened at school, the person is guilty of a misdemeanor that is punishable by up to 10 days in prison and / or a fine of up to 500 dollars. If the offender is under 18, it is a misdemeanor that is punishable by a fine of up to $ 250 the first time and a fine of up to $ 500 or the commitment to a detention center for up to 10 days if it is not the first time.

Cultivation

Proposition 64, the Adult Marijuana Use Act, allows adults over 21 who do not participate in the state’s medical cannabis program to legally grow (up to six plants, including the entire crop of those plants). The law entered into force on November 9, 2016.

Hashis and concentrates

Hashish or concentrates are called “concentrated cannabis.” Proposition 64, the Adult Marijuana Use Act, allows adults over 21 who do not participate in the state’s medical cannabis program to own up to eight grams of concentrates. The law entered into force on November 9, 2016.

Colorado

Both medical and recreational marijuana are legal.

In May 2019, Governor Jared Polis (Democrat) signed several bills to improve Colorado’s cannabis laws, and even to allow delivery and consumption at the place of purchase, to facilitate investment and to allow patients to consume medical cannabis for any disease that may require the use of an opioid.

Possession

Possession for personal use by persons 21 years of age or older up to an ounce (28 grams) is not a crime. The private cultivation of up to six marijuana plants, with no more than three mature plants, is not a crime. Giving an ounce or less without receiving money in return is not a crime.

Possession of more than 1 and up to 2 ounces is a misdemeanor that is punishable by a maximum fine of $ 100. The offender will be called to trial and court appearance is mandatory. Failure to appear in court is a Class 3 misdemeanor that is punishable by up to 6 months in jail and a fine of up to $ 750.

Possession of more than 2 and up to 6 ounces of marijuana is a level 2 offense that is punishable by up to 1 year in prison and a fine not exceeding $ 700.

Possession of more than 6 ounces and up to 12 ounces (170 to 340 grams) is a Level 1 misdemeanor, which is punishable by up to eighteen months in jail and a fine of $ 500 – $ 5,000.

Possession of more than 12 ounces is a level 4 drug offense that is punishable by 6 months – 2 years in prison and a fine between $ 1,000 – $ 100,000.

 Anyone who exhibits, uses or consumes openly and publicly 2 ounces (56 grams) of marijuana or less is guilty of a misdemeanor and may be subject to 24 hours of community service, as well as a maximum fine of $ 100.

Cultivation

There is no conviction for people who privately grow up to 6 marijuana plants, with no more than 3 mature ones.  

The cultivation of 6 plants or less is a misdemeanor of drugs of level 1 that is punishable by a prison sentence of 6 to 18 months, as well as a fine of between 500 and 5000 dollars, if you are not at least 21 years old.

The cultivation of more than 6 but not more than 30 plants is a crime of level 4 that is punishable by 6 months to 2 years in prison and a fine of between 1000 and 100000 dollars.

 The cultivation of more than 30 plants is a level 3 drug offense that is punishable by a prison sentence of 2 to 6 years, as well as a fine of between 2000 and 500,000 dollars.

Connecticut

Medical and recreational marijuana is illegal in this state.

In March and April 2019, three legislative committees advanced bills to legalize, regulate and impose taxes on cannabis, but the legislature was postponed until June 5 without voting.

A few days before the session ended, the Hartford Courant and the Sacred Heart University showed a new survey confirming that Connecticut residents strongly support the legalization of cannabis and the elimination of criminal records for related low-level crimes with cannabis.

It is frustrating that opponents of sensible policies in favor of cannabis legalization have been able to create enough uncertainty and confusion to delay the progress of legalization. However, legislative leaders and Governor Ned Lamont have said they are in favor of the legalization and regulation of cannabis.

Connecticut’s law regarding medical cannabis remains more limited than in most other states. There are several areas of potential improvement, including the addition of opiates against chronic pain. The Connecticut Board of Physicians discussed the possibility of approving chronic pain as a qualified condition for the medical cannabis program, but the question remains on hold for an upcoming meeting.

Although Connecticut has improved its marijuana laws in recent years, adults are still punished for owning a small amount of this substance.

Possession for personal use

Possession of less than half an ounce (14 grams) of marijuana carries a civil fine of $ 150 if it is the first time. Possession of less than half an ounce for subsequent offenses implies a civil fine of between 200 and 500 dollars.

Possession of more than half an ounce of marijuana can be punished with a prison sentence not exceeding one year and a fine that cannot exceed $ 2,000. In the case of a second offense the court must make an evaluation and if the judge decides that the person is a drug addict, he can suspend the trial and order the offender to complete a drug abuse treatment program. In the case of committing a subsequent offense, the judge may sentence the person as a repeat offender for possession of a controlled substance.

Possession within 1500 feet (500 meters) of a school or daycare center will receive a jail term and a period of community service.

Distribution or cultivation

In this state the distribution and cultivation are legally equated.

The sale or cultivation implies possession with the intention of selling marijuana. For the first crimes, the distribution or cultivation of less than 1 kilogram of marijuana is punishable by a fine of up to $ 25,000 and / or up to 7 years in prison. The recidivism is punishable by a fine of up to $ 100,000 and / or up to 15 years in prison.

The judge can order an alternative sentence of up to 3 years in prison. The offender may be released at any time during those 3 years and placed on probation for the rest of the sentence.

For those who commit crimes for the first time, the distribution or cultivation of 1 kilogram or more of marijuana is punishable by 5-20 years in prison. Recidivism is punishable by up to 10-25 years in prison. The court cannot reduce a sentence below the minimum years of imprisonment required by law. This means that first time offenders face a minimum of 5 years in prison and repeat offenders a minimum of 10 years. The court may make exceptions to these mandatory minimum sentences if the defendant is under 18 or has / had a mental disability.

The sale or cultivation of marijuana within 1500 feet (500 meters) of an elementary / secondary school, a public housing project or a nursery is punishable by an additional 3 years in prison in addition to any other sentence imposed.

The sale of marijuana by a person 18 years of age or older to a person under 18 is punishable by an additional prison of 2 years, in addition to any other sentence imposed.

There is an exception to this rule if the distributor is less than 2 years older than the minor. Using a person under 18 to help in the sale of marijuana is punishable by 3 years in prison, in addition to any other sentence already imposed.

Delaware

In this state, only medical marijuana is legal.

It is expected that by 2020 the legalization bill may begin.

On June 30, the legislature left HB 110, a bill to legalize, tax and regulate marijuana for adults 21 years and older. Since the General Assembly holds a session every two years, the bills that were not voted will resume where they stayed in January 2020.

Possession for personal use

The legal amount of personal use of marijuana is one ounce (28 grams) or less.

Possession of more than one ounce (28 grams), but less than 175 grams of marijuana is a misclassified misdemeanor punishable by 3 months in jail and a fine of $ 575.

 If there are one or more aggravating circumstances, possession is a class B misdemeanor.

Possession of 175 grams and up to less than 1500 grams is a class F felony punishable by 3 years in prison and that with a prior conviction becomes a class D felony.

With two or more previous convictions it is a felony offense of class C.

If there is any aggravating circumstance, possession is a class D felony.

With one or more prior convictions it is a class C felony.

If two or more aggravating factors are involved, possession is a class C felony.

Possession of 1500 grams to less than 3000 grams is a class E felony punishable by 3 years in jail. With a prior conviction it is a class C felony. With two or more prior convictions it is a class B felony. If there is any aggravating circumstance, possession is a class C felony. With one or more prior convictions it is a Class B felony. If two or more aggravating factors are involved, possession is a class B felony.

Possession of 3000 grams and up to less than 4000 grams is a serious class D offense that involves 8 years in jail. With one or more prior convictions it is a class B felony. If you conclude an aggravating factor, possession is a class B felony.

Possession of 4000 grams to less than 5000 grams is a class C felony punishable by 15 years in prison. If at least one aggravating factor is involved, possession is a class B felony.  

Possession of 5000 grams or more, with or without an aggravating factor, is a class B felony that is punishable by a mandatory minimum of 2 years in jail and a maximum of 25 years.

Hashis

The law does not differentiate sanctions for marijuana and hashish or concentrates. Both substances are classified in Annex I of the Delaware Controlled Substances calendar.

Paraphernalia

 Any person who uses or possesses drug paraphernalia for the use or possession of a personal amount of marijuana will be punished with a civil fine of no more than $ 10,000.

Any person who uses or possesses paraphernalia with the intention of using drugs is guilty of a class B misdemeanor, which is punishable by confinement for up to 6 months and a fine of no more than $ 1000.

Any person who sells drug paraphernalia or possesses drug paraphernalia with the intention of selling it is guilty of a class G felony, punishable by up to 2 years imprisonment.

Any person who delivers drug paraphernalia to another person under 18 years of age is guilty of a class E felony, punishable by up to 3 years imprisonment.

District of Columbia (Washington (DC)

In Washington (DC), both medical marijuana and recreational marijuana are legal.

In November 2014, voters of D.C. Approved by absolute majority Initiative 71, which legalized the possession and cultivation of limited quantities of marijuana by adults over 21 years.

For his part, Councilman David Grosso presented in January 2019 a bill to impose taxes and regulate marijuana for adults over 21 in the District of Columbia. The bill includes the automatic removal of criminal records for crimes related to the possession of small amounts of cannabis.

Mayor Muriel Bowser has also expressed his support for marijuana taxes and regulation in D.C.

David Grosso presented a bill, known as the Health and Accessibility Act for patients with medical marijuana of 2019, which offers patients access to medical clinics on the same day they are diagnosed. The bill would also allow home delivery services and eliminate the limits on the number of plants a cultivation center can grow.

Possession

Adults over 21 years of age can own up to two ounces (56 grams) of marijuana and grow no more than six plants (with three or less ripe at any time) in their residence. It is also allowed to transfer without payment (but not sell) up to an ounce of marijuana to another person 21 years of age or older.

Public consumption of marijuana is a misdemeanor, but will usually be solved through a citation and release procedure. Unless marijuana has been obtained on the recommendation of a doctor, the intentional or conscious possession of more than two ounces of marijuana is a misdemeanor that is punishable by a jail term of up to 6 months and a fine of no more than 1000 Dollars.

Cultivation

Adults over 21 years old can grow up to six marijuana plants (no more than three mature ones at a time) in their main residence without penalty. Nonprofit transactions that involve small amounts of the substance are legal.

Hashish

Possession of hashish is punishable by imprisonment of no more than 180 days and a fine of no more than 1000 dollars.

Florida

In this state, only medical marijuana is legal.

On March 18, 2019, Governor Ron DeSantis enacted SB 186, which repeals the old ban on medical cannabis smoking. Patients and their doctors have since that day more access to manage and consume their medical marijuana and decide which form of consumption is best for them.

SB 186 allows patients to receive up to 2.5 ounces (71 grams) of dried cannabis flowers every 35 days, or more, as recommended by the doctor. But the law requires that patients under 18 have a terminal illness and it is also requires that they obtain a second opinion from a pediatrician before smoking medical cannabis.

Possession

Possession of recreational marijuana remains a crime against the state Criminal Code.

Possession of 20 grams or less of cannabis is a misdemeanor that is punishable by a maximum penalty of 1 year in prison and a maximum fine of $ 1000.  Possession of more than 20 grams of cannabis is a crime that is punishable by a maximum penalty of 5 years in prison and a maximum fine of $ 5,000.

Any person who is consciously in possession of 25 pounds (11 kilos) or less of cannabis is committing a crime that is punishable by a maximum penalty of 5 years in jail and a maximum fine of $ 5,000.

 Any person who is consciously in possession of more than 25 pounds and 2000 pounds (11 and 900 kilos) of cannabis (or 300-2000 plants) is a crime that is punishable by a mandatory minimum penalty of 3 years in prison and a penalty maximum of 15 years in prison and a maximum fine of $ 25,000.

Any person who is consciously in possession of between 2,000 pounds and less than 10,000 pounds (between 900 and 4535 kilos) of cannabis (or 2,000 – 10,000 plants) is a crime that is punishable by a mandatory minimum penalty of 7 years and a maximum penalty 30 years in prison, as well as a maximum fine of $ 50,000.

 Any person who is consciously in possession of 10,000 pounds (4535 kilos) of cannabis or more commits a criminal offense punishable by a mandatory minimum penalty of 15 years in prison and a maximum penalty of 30 years in prison, as well as a maximum fine of 200,000 Dollars.

Hashish

Possession of hashish or concentrates is a felony in the third degree.

A felony of the third degree is punishable by imprisonment not exceeding 5 years and a fine not exceeding 5000 dollars.

The conviction causes the driver’s license to be suspended for a period of 1 year.

Hemp

This state has an active hemp industry and research is authorized.

Georgia

In this state only CBD oil is allowed for medicinal purposes.

The simple possession of cannabis flowers remains a crime.

On April 17, 2019, Governor Brian Kemp (Republican) signed the Georgia Hope Act (HB 324).

Finally, patients can access cannabis oil without legal problems.

In 2015, the Georgia General Assembly passed a bill that allows patients to register to own up to 20 ounces (567 grams) of medical cannabis oil with up to 5% THC.

Currently there are about 9000 patients who consume this form of medical cannabis.

Under Georgia’s Law of Hope, only six producers will be able to grow medical cannabis in Georgia, along with two universities.

Pharmacies will be allowed to sell cannabis medical preparations and regulators may authorize private clinics.

It is not expected that the products can be sold before one year.

Possession for personal use

Possession of 1 ounce (28 grams) or less of marijuana is a misdemeanor criminalized with up to 12 months in prison and / or a fine of up to 1000 dollars, or work on public works for a period of up to 12 months.

Possession of more than one ounce is a felony that is punishable by a minimum of 1 year and a maximum of 10 years in prison.

Cultivation

The cultivation of 10 pounds (4.5 kilos) or less of marijuana is a crime that is punishable by a minimum of 1 year and a maximum of 10 years in jail.

Cultivation of more than 10 pounds but less than 2000 pounds (907 kilos) is penalized with a minimum of 5 years and a maximum of 30 years in jail and a fine of $ 100,000.

Cultivation of 2,000 pounds or more but less than 10,000 pounds (4535 kilos) is penalized with a minimum of 7 years and a maximum of 30 years in jail and a fine of $ 250,000.

Cultivation of 10,000 pounds or more is punishable by a minimum of 15 years and a maximum of 30 years in jail and a fine of $ 10,000.

The cultivation within 1000 feet (300 meters) of the grounds of a school, a park or a housing project, or in a drug-free zone is a crime that is penalized with up to 20 years in jail and / or a fine of up to $ 20,000 if this is the first time the crime is committed.

A second or subsequent offense is punishable by a minimum of 5 years and a maximum of 40 years in prison and / or a fine of up to 40,000 dollars.

It is an extenuating circumstance if the conduct was carried out completely within a private residence, there was no one 17 years of age or less present, and the conduct was not committed for profit.

Hashish

In Georgia, hashish and concentrates containing more than 15% THC are a substance in List I and are punished harder than natural marijuana.

Paraphernalia

Possession of paraphernalia is a misdemeanor criminalized with up to 1 year in jail and / or a fine of up to 1000 dollars. The sale or possession with intent to distribute is a misdemeanor if it is the first time, which is punishable by up to 1 year in prison and / or a fine of up to 1000 dollars.

If it is the second time, the same possession of paraphernalia becomes a misdemeanor of an aggravated nature, punishable by up to 1 year in prison and / or a fine of up to 5000 dollars, and a felony in the case of being committed for the third time punished with a minimum of 1 year and a maximum of 5 years in jail and a fine of up to 5000 dollars.

Driver’s license

Any conviction for a crime of possession, sale or cultivation of marijuana results in the suspension of the driver’s license.

For a first offense in 5 years, the suspension period is at least 180 days and the restoration fee is up to $ 210 or $ 200 when the refund is processed by mail.

 A second offense in 5 years results in a suspension of at least 3 years, but after 1 year, the individual can request the refund for a fee of up to $ 310, or $ 300 when the refund is processed by mail.

A third or subsequent offense in 5 years results in a suspension of at least 5 years, but after 2 years, the individual may request the return of a 3-year driver’s license if certain conditions are met and they pay a fee of up to 410 dollars, or 400 dollars when the reset is processed by mail.

Hawaii

In this state, only medical marijuana is allowed and, in addition, the possession of cannabis without a medical license is severely punished.

Governor David Ige announced that he would let this legislature pass before passing a law to decriminalize possession of small amounts of cannabis.

 Beginning January 11, 2020, the new law will punish the possession of three grams or less of marijuana with a fine of $ 130.

Under current law, possession of even a small amount of cannabis is penalized with up to 30 days in jail, a fine of up to 1000 dollars and the culprit will also have a criminal record.

In this session, the legislation has been amended to extend Hawai’i medical marijuana law and include opioid use disorder as a qualified condition. In 2018, the Hawaii Legislature approved SB 2707, which would have done so, but unfortunately it was vetoed by Governor David Ige. On July 10, 2018, Governor Ige signed HB 2729, a reciprocity bill.

The new law will allow patients registered in other states of medical marijuana to consume medical cannabis when they visit Hawaii.

It also makes other improvements, such as allowing medical cannabis certifications to last up to three years for certain conditions.

Possession

* Possession of 3 grams or less of marijuana is an offense that is punishable by a fine of $ 130.

Possession of more than 3 grams but less than 1 ounce (28 grams) of marijuana is a misdemeanor punishable by up to 30 days in prison and / or a fine of $ 1000.

Possession of 1 ounce or more but less than 1 pound (0.45 kilos) is a misdemeanor that is punishable by up to 1 year in jail and / or a fine of $ 2,000.

Possession of 1 pound or more of marijuana is a Class C felony that is punishable by up to 5 years in prison and / or a fine of up to 10,000 dollars.

Cultivation

The cultivation of 25 or more but less than 50 marijuana plants is a class C felony that is punishable by up to 5 years in prison and / or a $ 10,000 fine.

 The cultivation of 50 or more but less than 100 plants is a serious class B felony penalized with 10 years in jail and / or a fine of $ 25,000.

 The cultivation of 100 or more marijuana plants is a serious class A felony criminalized with 20 years in prison and / or a $ 50,000 fine.

The cultivation of less than 25 marijuana plants on the property of another without their permission is a felony class B criminalized with 10 years in prison and / or a fine of $ 25,000.

The cultivation of 25 or more plants on the property of another without their permission is a class A felony criminalized with 20 years in prison and / or a $ 50,000 fine.

Cultivation in a structure where there is a person under 16 years of age carries an additional prison of 2 years in addition to penalty for cultivation.

However, if the crop was produced in a structure where an individual 18 years of age or younger was present and the crop causes minor bodily injury, then the additional prison will be 5 years.

Idaho

Neither medical marijuana nor recreational marijuana is allowed.

Idaho is far behind other states when it comes to marijuana policies. It is the only state whose law does not recognize medical cannabis in any way. Having evolved from his previous opposition, the recently elected governor Brad Little said he does not oppose medical cannabis, but does not want it to be a “gateway to recreation.

The legislative session of the year 2019 is underway, and this is the perfect time to move forward.

Under current Idaho law, a person accused of possession of up to an ounce (28 grams) of marijuana faces one year in jail and / or even a fine of $ 1,000.

Unfortunately, this outdated law affects minority communities more. Idaho black people are 250% more likely to be arrested for possession than their white neighbors.

A bipartisan effort to reduce these sanctions was introduced in 2018 by Rep. Eric Redman (Republican) and John Gannon (Democrat). It was bill H0491, but unfortunately it was never accepted.

Possession for personal use

Possession of 3 ounces (85 grams) or less of marijuana is a misdemeanor criminalized with up to 1 year in prison and / or a fine of up to 1000 dollars.

If the amount possessed is more than 3 ounces but less than 1 pound (0.45 kilos), it is a crime that is punishable by up to 5 years in prison and / or a fine of up to 10,000 dollars.

Cultivation

The cultivation of up to 1 pound (0.45 kilos) or up to 24 marijuana plants is a crime that is punishable by up to 5 years in prison and / or a fine of up to $ 15,000. The cultivation of 1 pound or more, or 25 plants or more, is considered marijuana trafficking, and is a crime that is punishable by up to 15 years in prison and a fine of up to 50,000 dollars. If the cultivated amount was 1 pound or more but less than 5 pounds (2.2 kilos), or 25 plants or more but less than 50 plants, the offender is punished with a mandatory minimum penalty of 1 year in prison and a mandatory fine of At least 5000 dollars.

Cultivation of 5 pounds or more, but less than 25 pounds (11.3 kilos), or 50 plants or more, but less than 100 marijuana plants carries a mandatory minimum sentence of 3 years in prison and a mandatory fine of at least $ 10,000 . Growing 25 pounds or more, or 100 plants or more, of marijuana carries a mandatory minimum penalty of 5 years in prison and a mandatory fine of at least $ 15,000.

Hashish

Hashish is classified as a substance of List I in Idaho. The Statute Definitions section includes hashish and marijuana concentrates when defining marijuana as the plant and each preparation derived from it. The Penalties section reinforces this interpretation by explicitly including as cannabis any cannabis extract or preparation containing tetrahydrocannabinol. The statute never explicitly refers to hashish or marijuana concentrates as separate from marijuana. Therefore, the penalties for hashish concentrate and THC should be the same as for marijuana.

Paraphernalia

The use or possession of paraphernalia is a misdemeanor that is punishable by up to 1 year in jail and / or a fine of up to 1000 dollars.

Illinois

Both medical and recreational marijuana are legal.

At the moment only medical marijuana is legal in this state. However, the legalization of recreational marijuana is very close; specifically on January 1, 2020. Indeed, during his election campaign, the current governor of Illinois promised that he would legalize recreational marijuana and that Illinois would become the eleventh state where recreational cannabis for adults is legal in the United States.

The new law allows Illinois residents to buy or own up to 1 ounce (28 grams) of marijuana. And non-residents may have or buy up to 15 grams. Customers must be over 21 years old and can buy their cannabis at approved dispensaries, which, after they have obtained the corresponding license, can start selling on January 1, 2020.

But you have to wait until this date for Illinois to become the 11th state where recreational marijuana will be legal.

From this date we will show you the specific laws.

Indiana

Although only CBD oil is currently legal, the truth is that legal reforms to cannabis policy are changing throughout the Midwest. On the one hand, the neighboring state of Michigan recently legalized recreational marijuana for adults. In the state of Illinois, recreational cannabis will be legalized on January 1 of the year 2020. And in Ohio, medical marijuana is already legal. Therefore, Indiana will soon change its laws on marijuana.

A recent WTHR / Howey Politics Indiana survey concluded that 73 percent of Indiana residents are in favor of legalizing medical marijuana.

And another survey conducted by Ball State University concluded that 39 percent of Indiana residents believe that adult recreational marijuana should be legalized.

Even Republican Governor Eric Holcomb, who has always been a declared prohibitionist, has softened his stance. Until last year he was completely opposed to legal marijuana in any form. But the head of state has recently said that he had a more open-minded mind to the idea of ​​medical marijuana, although he prefers to wait until Washington lifts its federal ban across the country or at least until more research can be done to evaluate the benefits and disadvantages of medical marijuana.

Legal cannabis advocates in Indiana insist on medical evidence that marijuana is effective in treating numerous diseases and improving the quality of life of the sick.

With a clear national trend towards the legalization of marijuana and bipartisan public support, can Indiana lawmakers continue to maintain the ban?

Indiana has some of the toughest marijuana penalties in the country. Possession of a single joint is penalized with up to one year in jail and a fine of up to 5000 dollars. Unfortunately, almost 90% of all thefts, including property searches and more than 85% of all vehicle thefts are not resolved. However, the police devote valuable time and resources to arrest or cite more than 9,000 people a year for crimes related to marijuana, 86% of which are by mere possession.

Possession

Possession of marijuana is a Class B misdemeanor that is punishable by no more than 180 days in jail and a possible fine of no more than $ 1,000. Possession of less than 30 grams is a Class A misdemeanor that is punishable by up to 1 year in prison and a fine of no more than $ 5,000. Possession of at least 30 grams of marijuana with a prior conviction for a drug offense is a Level 6 felony criminalized with 6 months – 2 and a half years in prison, with a 1-year warning penalty and a fine of no More than 10,000 dollars.

Sale/Cultivation

Unfortunately, the sale and cultivation have the same legal treatment in Indiana. Although we do not want to provide information on the legal consequences of the sale, in this case we have no choice.

The sale of less than 30 grams is a Class A misdemeanor that is punishable by a maximum sentence of 1 year in prison and a maximum fine of $ 5,000. A subsequent offense is a level 6 felony that is punishable by 6 months to 2 and a half years in prison and a maximum fine of $ 10,000. The sale of 30 grams and less than 10 pounds (4500 grams) is a felony of Level 6 penalized with between 6 months and 2 and a half years in prison and a maximum fine of $ 10,000.

The sale of 10 pounds (4500 grams) or more is a level 5 felony that is punishable by 1 to 6 years in jail and a maximum fine of $ 10,000. The sale of any amount to a minor is a level 5 felony that is punishable by 1 to 6 years in prison and a maximum fine of $ 10,000.

Hemp

In this state there is an active hemp industry.

Iowa

Only CBD in various formats is legal in Iowa. But the use of CBD is limited to patients with intractable epilepsy.

In fact, the use is so limited that there are many medical marijuana advocates who think that Iowa has not legalized medical cannabis. In addition, normally the states that provide medical marijuana for its residents are on the road to total decriminalization of the drug. However, this is not the case in Iowa.

Possession and sale of marijuana remain illegal in Iowa. Selling marijuana is a felony that is punishable by up to 50 years in prison, depending on the amount of marijuana, the location of the sale and the criminal record of the defendant.

However, lawmakers want to implement the current law. Indeed, the Iowa Public Radio reported last March that the Iowa Senate had voted 40-7 in favor of a bill that would expand the state’s medical cannabis market by eliminating the 3% power limit THC for products and also allow practicing nurses and medical assistants to recommend medical marijuana.

Unfortunately, last May, Governor Kim Reynolds vetoed this bill that would have expanded the Iowa medical marijuana program, and demanded caution before increasing the potency of available products.

Reynolds’ stance slows the expansion of a medical cannabidiol program that currently allows capsules, extracts, concentrates, lotions, ointments and tinctures. Smoking medical or recreational marijuana is still prohibited in Iowa.

Possession for personal use

For those who criminalize for the first time, possession of any amount of marijuana is a misdemeanor criminalized with a fine of up to 1000 dollars and / or up to 6 months in jail. Those who commit a second time are subject to a fine of $ 315-1875 and / or up to 1 year in jail. The third time is an aggravated misdemeanor that is punishable by a fine of $ 625-6,250 and / or up to 2 years in jail.

Possession of marijuana within 1000 feet (300 meters) of an elementary school, secondary school, public park or school bus is penalized with the penalty for possession and 100 hours of community service.

Distribution and cultivation

The laws of this state equate distribution and cultivation.

The distribution or cultivation of 50 kilograms of marijuana or less is a felony class D felony penalized with a fine of $ 750-7500 and up to 5 years in prison. The distribution or cultivation of more than 50-100 kilograms of marijuana is a felony class C criminalized with a fine of $ 1,000 – $ 50,000 and up to 10 years in jail. The distribution or cultivation of more than 100-1000 kilograms of marijuana is a felony class B criminalized with a fine of $ 5,000- $ 100,000 and up to 25 years in prison. The distribution or cultivation of more than 1000 kilograms of marijuana is a class B criminal offense with a fine of no more than 10,000,000 dollars and up to 50 years in jail.

Paraphernalia

 Possession, distribution or manufacture of marijuana paraphernalia is a misdemeanor criminalized with a fine of up to 1000 dollars and / or up to 6 months in jail. Paraphernalia includes any item that is knowingly used to ingest, inhale, manufacture, improve or test the quality of marijuana.

Medicinal CBD

Iowa passed a medical CBD law that allows the use of cannabis extracts high in CBD and low in THC in cases where a doctor has recommended such treatment to a patient with a qualified disease.

Kansas

Neither medical marijuana nor recreational marijuana is legal in Kansas.

If you like Kansas weed it is not the best state for you. And it’s a shame because after Missouri legalized medical marijuana on November 6, 2018, the state of Kansas is now surrounded by three states that have legalized medical marijuana or recreational marijuana for adults. Fortunately there is hope because new governor Laura Kelly supports medical marijuana.

For the first time in the history of the state, in 2018 Kansas passed a law that recognizes the medical efficacy of cannabis. The new law, SB 282, was signed by former governor Jeff Colyer in May 2018 and changed the definition of “marijuana” to exclude cannabidiol (CBD). The bill came into effect on May 24, 2018.

But because state law prohibits THC, it can be difficult for patients with CBD drugs to benefit from this law, because most CBD products contain minimal amounts of THC. “Hemp” is sometimes defined as cannabis whose percentage of THC is 0.3% or less. The bill does not contemplate access within the state to CBD oils in Kansas.

Despite its limitations, this project is important for Kansas. With a little luck, it can also be a step towards access to medical cannabis, as research shows that it can provide relief to patients suffering from serious diseases such as cancer, multiple sclerosis and epilepsy, and it is also medically related with a 25% reduction in deaths caused by opioid overdoses prescribed by doctors.

Possession

It is a crime to possess any amount of marijuana (including small amounts for personal use) in Kansas. The infractions are misdemeanors not related to class B, penalized with a fine of up to 1000 dollars, up to six months in jail or both.

The second convictions are misdemeanors of class A, with possible sentences of up to one year in jail, a fine of up to $ 2,500, or both.

And the third and subsequent convictions are level 5 crimes that are punishable by up to 42 months in jail and a fine of up to $ 100,000.

Cultivation

It is illegal to grow marijuana plants. “Cultivation” refers to five or more marijuana plants. The penalties vary according to the violation, and if the defendant has previous convictions.

Kentucky

Both medical marijuana and recreational marijuana are illegal in Kentucky.

And besides, neither consumption nor possession is decriminalized.

The Judicial Committee of the House of Representatives made a medical cannabis bill in an overwhelming vote of 16 to 1, but the Senate does not act.

After several weeks of delays without even explaining, the Judicial Committee of the Kentucky House of Representatives finally voted on a bill on medical cannabis on March 6, 2019, with less than a week to finish the legislative session. The result was very promising: 16 votes in favor against 1 against HB 136.

Unfortunately, the House of Representatives postponed the matter the following week without taking action on the bill. Patients will have to wait until 2020 to have another opportunity to pass a medical cannabis bill.

Support for medical cannabis has been increasing for several years. In 2018, two legislative heavyweights appeared that began to defend medical cannabis in Frankfort. Representative Jason Nemes (Republican) and Representative Diane St. Onge (Republican) have sponsored the medical cannabis bill in 2019 and had to do a great job of convincing the House of Representatives Judicial Committee to support it.

Secretary of State Alison Lundergan Grimes got personally involved supporting medical cannabis at the end of 2017, when she joined a team with legislators and defenders with the aim of advancing the problem, and later, US Senator Rand Paul joined the effort in March 2018.

But the current reality is that, for now, Kentucky’s only hope of legalizing medical cannabis is to wait until 2020.

Possession

Possession of up to 8 ounces (226 grams) of marijuana is a Class B misdemeanor, penalized with a maximum penalty of 45 days in jail and a maximum fine of $ 250. Possession of 8 ounces or more of marijuana will be considered as proof that the person possessed the marijuana with the intention of selling or transferring it.

Cultivation

Cultivation of less than 5 plants is a Class A misdemeanor, if it is the first time, penalized with a maximum penalty of 12 months in jail and a maximum fine of $ 500. For a second or subsequent offense, the offender will be charged with a Class D felony, penalized with 1-5 years’ imprisonment and a fine of between 1,000 and 10,000 dollars.

The cultivation of 5 plants or more is a Class D felony, if it is the first time, penalized with a prison sentence of 1-5 years and a fine of between 1,000 and 10,000 dollars. A second or subsequent offense is a Class C felony criminalized with a prison sentence of 5 to 10 years and a fine of between $ 1,000 and $ 10,000.

Hashish and concentrates

Hashish is listed as a hallucinogenic substance in List I, but it is penalized exactly the same as marijuana offenses.

Paraphernalia

 Possession of paraphernalia is a Class A misdemeanor penalized with a maximum penalty of one year in prison and a maximum fine of $ 500.

Louisiana

In this state, only medical marijuana is legal while recreational marijuana remains illegal and is also penalized.

However, medical marijuana is legalized in theory because the reality is very different.

Indeed, although the laws on medical marijuana have been improving since 2015, the reality is that patients still do not have access to medical cannabis.

Louisiana State University and Southern University are the only two authorized growers in the state and do not yet have marijuana available to patients. In addition to these two growers, there will only be nine dispensing pharmacies throughout the state.

Medical marijuana was expected to be available to patients in May, but the reality is that it will take longer. These delays harm Louisiana patients, who should already have access to their medical cannabis legally. At the end of May 2019, two bills focused on the legalization of recreational marijuana, HB509 and HB564, were ridiculed in commission by the Louisiana legislature.

At the end of May 2019, two bills focused on the legalization of recreational marijuana, HB509 and HB564, were ridiculed in commission by the Louisiana legislature.

The two bills were refuted in the Criminal Justice committee, with Democrats voting in favor and Republicans voting against.

Among the supporters of legalization was Kevin Caldwell, founder and president of Commonsense NOLA. Against were the Louisiana Sheriffs and District Attorneys.

The cannabis ban causes the United States up to $ 46.5 million each year. Meanwhile, Colorado, which legalized recreational marijuana in 2012, generates about $ 250 million a year in cannabis tax revenue. Votes against total legalization occur while medical marijuana patients get tired of waiting.

Medical marijuana has been legal in Louisiana for four years, but many patients are still waiting to receive their prescriptions. According to GB Sciences Louisiana, there should be a limited supply of medical cannabis available in June of this year. But the reality is that it has not yet been so.

Penalties for possession of marijuana in the state of Louisiana

If you own a certain amount of weed, you are automatically presumed to sell. Penalties for possession of marijuana in Louisiana include: If you are arrested trying to grow, distribute or possess with the intention of producing or distributing marijuana, you face a mandatory minimum prison term of 5 years and a maximum of 30 years and a fine of up to $ 50,000. The more marijuana you have, the greater the penalties.

There are a variety of different circumstances that will make the police believe that you are committing a violation. These include having grow lights in a closet, having scales, a lot of cash or even a lot of bags.

Ineligibility to obtain a certain job

Possession incapacitates you for certain types of college scholarships or financial aid. You are not eligible to access public housing. You are not eligible to receive a state license or certification. You may also be forced to perform community service, to enroll in drug treatment programs and if you are released, it is probation.

Possession for personal use

For those who commit crimes for the first time, possession of 14 grams or less of marijuana is punishable by a fine of up to $ 300 and / or up to 15 days in jail. For the first time offenders, possession of more than 14 grams but less than 2½ pounds (1 kilo) of marijuana is punishable by a fine of up to $ 500 and / or up to 6 months in jail. There is a single period of two years for cleaning criminal records for convictions for the first time.

All second sentences for less than 2½ pounds are punishable by a fine of $ 1000 and / or up to 6 months in jail. All third sentences for less than 2½ pounds are penalized with a fine of up to $ 2,500 and / or up to 2 years in jail. All fourth sentences related to less than 2½ pounds are penalized with a fine of up to $ 5,000 and / or up to 8 years in jail.

Possession of between 2½ and less than 60 pounds (27 kilos) of marijuana is penalized with 2 to 10 years in jail and a fine of $ 30,000. Possession of 60 and less than 2000 pounds (907 kilos) of marijuana is a felony criminalized with 5-30 years in jail and a fine of 50,000 – 100,000 dollars. Possession of 2000 – less than 10,000 pounds (4535 kilos) is a felony criminalized with 10-40 years in jail and a fine of 100,000 – 400,000 dollars. Possession of 10,000 pounds or more of marijuana is a felony criminalized with 25-40 years in jail.

Distribution and cultivation

Unfortunately, this state believes that selling is the same as growing marijuana.

The distribution or cultivation of marijuana is penalized with a fine of up to 50,000 dollars and 5 – 30 years in jail. Subsequent crimes are punishable by 10-60 years in jail and a fine of up to $ 100,000. The above crimes include any conviction for drug offenses, no matter in what state they happened.

Maine

In the state of Maine, medical marijuana and recreational marijuana are legalized.

Medicinal

 Medical marijuana is legalized. A person can register as a medical marijuana patient if their doctor believes that medical marijuana will be useful for the patient’s health. Patients can buy marijuana at marijuana dispensaries that are already registered, from a licensed caregiver or grow their own.

Recreational

The possession of small amounts of cannabis and the cultivation of some plants at home are legal. Possession of 2.5 ounces (71 grams) or less of marijuana is legal for adults over 21 years. Adults can also grow up to three mature marijuana plants in their place of residence or on the property of another adult as long as they have permission from the owner.grow their own.

Marijuana retail stores will be operating in the fall of 2019. With current commercial marijuana regulations, it is up to the state to continue with the implementation of the law. The next governor of Maine will probably have to take care of creating rules and implementing them, and retail stores are believed to open at the end of 2019.

The new rules on recreational marijuana

All applicants for sales licenses, including officers, directors, managers and partners, must be at least 21 years old and live in Maine. Most investors must be citizens of Maine. Until June 2021, only people who have lived in Maine for four years can obtain licenses.

Security: All marijuana companies must have door and window locks, an alarm system monitored by a security company 24 hours a day and security cameras, whose video must be stored for at least 45 days.

They cannot access a state marijuana license: state employees, law enforcement officers, someone to whom a marijuana license was withdrawn in Maine or another state, applicants convicted of serious crimes in the past 10 years or for a drug offense not related to marijuana.

There are five kinds of cultivation licenses: from marijuana nurseries to cultivation facilities with 7000 square meters of plant cover. The licenses will cost $ 9 for a plant for small producers that do not have more than 30 mature outdoor plants, and can cost up to $ 30,000 for large indoor crops that exceed 7,000 square meters.

Rules on child protection: Edible marijuana products in the form of animals, people or characters are prohibited.

The cannabis product that can be sold is limited to no more than 100 milligrams of THC in a single serving.

Maryland

In this state, only medical marijuana is legal.

Recreational

At the beginning of the 2019 legislative session, the leaders of the General Assembly, the president of the Senate Mike Miller and the late president of the House of Representatives, Michael Busch, created a work team in order to study the best way to implement the legalization of marijuana. The work team is expected to begin during the interim period this year and will report its findings before December 31, 2019, just before the 2020 legislative session begins.

The work team will study issues such as how the state could grant licenses and taxes to the industry, the impact of legalization on public health, impacts on the criminal justice system and find ways to promote the participation of small companies owned by women and minorities.

During the 2019 session, Del. Eric Luedtke (Democrat) and Senator Will Smith (Democrat) introduced two bills, HB0656 and SB0771, whose purpose was to legalize, tax and regulate recreational marijuana for adults over 21 and eliminate Automatically convictions for possession and cultivation that would be legal under the law. Del. David Moon also introduced a constitutional amendment bill, HB0632, to legalize marijuana for adult use, which would need to be approved by voters in 2020.

But these bills were not voted during the 2019 session. However, thanks to the work team that has been formed, the end of the ban in Maryland is getting closer.

Decriminalization

In late January 2019, Baltimore City State Attorney Marilyn Mosby announced that her office would no longer prosecute cases for marijuana possession, regardless of the amount or criminal record. In the city of Baltimore, arrests for possession of marijuana occur almost entirely among African-American citizens.

Possession for personal consumption

In Maryland, marijuana is listed in List I of controlled hallucinogenic substances. Simple possession (possession without the intention of distributing) of less than 10 grams is a civil offense (fine not exceeding $ 100 for what they do for the first time, $ 250 for the second time and $ 500 from the third time).

Possession of between 10 grams and less than 50 pounds (22.6 kilos) of marijuana is a misdemeanor criminalized with up to one year in prison and a fine not exceeding $ 1000. Possession of 50 pounds or more of marijuana is punishable by 5 years in jail and a fine not exceeding $ 100,000. Crimes related to the use of marijuana in public carry a civil fine of up to $ 500.

Cultivation

Cultivation in Maryland is punishable as a simple possession or as an intention to distribute, depending on the amount of marijuana that is grown and other factors that may lead to the belief that marijuana is cultivated for reasons other than strict personal use. See the “Possession for personal use” section for more details on the penalty.

Observations

In a trial for the use or possession of marijuana, the defendant may present and the court will consider any evidence of medical necessity as a mitigating factor.

Massachusetts

Both medical marijuana and recreational marijuana are legal in Massachusetts.

On November 8, 2016, Bay State voters approved Question 4, the voting initiative that ended the ban on marijuana for adults 21 and older. The cultivation and possession of marijuana became legal in Massachusetts on December 15, 2016.

Possession

An adult can own up to an ounce (28 grams) of marijuana and up to 5 grams of hashish or cannabis concentrates. Within a primary residence, an adult can own up to 10 ounces (280 grams) of marijuana and any marijuana produced by plants grown on their premises. An adult who owns more than an ounce of marijuana or marijuana products should secure them with a padlock.

Possession of more than one ounce of marijuana is penalized with a fine of $ 500 and / or jail for up to 6 months. However, for the first time offenders will be released on probation and all records related to the sentence will be canceled upon successful completion of probation. Subsequent offenses may involve a fine of $ 2,000 and / or jail of up to 2 years. Persons previously convicted of serious crimes under the controlled substances law who are arrested with more than one ounce of marijuana may be subject to a fine of $ 2,000 and / or up to 2 years in jail.

Cultivation

An adult can grow six marijuana plants in his main residence with a limit of a total of twelve plants among other residences apart from the main one. An adult cannot grow marijuana plants where the plants “are visible from a public place.” A violation of this section is punishable as a civil offense with a penalty not exceeding $ 300 and the confiscation of marijuana.

Michigan

Both medical and recreational marijuana are completely legal in Michigan.

In March of this year, Governor Gretchen Whitmer issued an order for the Marijuana Regulatory Agency within the Michigan Department of Licensing and Regulatory Affairs to handle all legal aspects of the herb. The agency has published rules to regulate the implementation of the law passed by voters in 2018 that legalized recreational marijuana for adults 21 years of age or older.

The rules include various provisions, such as the creation of licenses for areas of cannabis use, provided that the local city government specifically allows it. The rules also discuss how the agency will work to promote participation in the cannabis industry by communities, such as African-American women, who have been harmed by the prohibition of marijuana.

Regulators will begin accepting applications for commercial marijuana licenses in November, and sales are estimated to begin early next year.

Possession of up to 2.5 ounces (70 grams) of marijuana is legal for adults 21 and older. Within a private residence, adults can grow up to 12 marijuana plants and / or possess up to 10 ounces (280 grams) of marijuana as long as any amount exceeding 2.5 ounces is locked away.

Medical marijuana is legal. A person can register as a medical marijuana patient if their doctor certifies that the person suffers from one or more of the following diseases:

• Cancer  • Glaucoma • HIV.  • Hepatitis C  • Amyotrophic lateral sclerosis (ALS – Lou Gehrig’s disease)  • Crohn’s disease • Alzheimer disease. • Nail Ball Joint  • Cachexia or attrition syndrome  • Chronic or debilitating nausea  • Severe pain and chronic pain • Seizures (including epilepsy)  • Persistent muscle spasms (including multiple sclerosis) • Arthritis • Autism • Chronic pain • Colitis  • Inflammatory bowel disease  • Obsessive compulsive disorder • Parkinson’s disease  • Rheumatoid arthritis  • Spinal cord injury • Tourette syndrome • Ulcerative Colitis

In Michigan it is not legal to consume cannabis in public. An adult who consumes marijuana in public can be penalized with a fine of $ 100. However, no matter how many times you commit the crime, it will always be a fine of $ 100. In “public” means being outside the private residence.  There is a legal limit on the amount of cannabis you can travel with.

There is a legal limit on the amount of cannabis you can travel with.

The Michigan Marijuana Taxation and Regulation Act allows you to transport and possess up to 2.5 ounces of marijuana in an enclosed space, excluding K-12 schools, on a school bus or on federal property.

This law does not specify how to legally transport cannabis, but a good idea is in a closed container. While this container can be anywhere in the vehicle, it is advisable to carry it in the trunk. When transporting cannabis, boats are treated in the same way as cars.

Minnesota

Medical marijuana is legal, but in a very limited way.

In 2014, then Governor Mark Dayton promulgated an extremely restrictive medical marijuana program that increased the price of medical cannabis. After the first year of the program, 92% of patients said they had obtained some benefit from their treatment and 67% said they had a great benefit.

But more than half of the patients who registered and bought medical cannabis in the first six months stopped buying the drug in the dispensaries at the end of 2016. And when surveyed, 86% of patients said that medical cannabis It was economically almost unaffordable, and 29% said it was prohibitive.

Local advocates have asked the Minnesota Medical Cannabis Office to increase the number of diseases to be treated with medical cannabis. As a result, the program has expanded little by little. The office added intractable pain in 2015, post-traumatic stress disorder in 2016 and obstructive sleep apnea and autism at the end of 2017. There are currently plans to add opioid use disorders, Alzheimer’s disease, hepatitis C, juvenile rheumatoid arthritis, panic disorder, psoriasis and traumatic brain injury.

However, the Minnesota program still has many limitations, including the fact that it is the only medical program that does not allow patients to access and consume marijuana flowers. The state only allows extracts and other preparations, which are more expensive and that many patients do not work well. Another problem that affects the shortage and the high price is that there are only two companies licensed to supply medical marijuana in the state.

Possession

Recreational marijuana is illegal.

Possession of 42.5 grams or less is a misdemeanor that is punishable by a maximum fine of $ 200. Possession of more than 42.5 grams and less than 10 kilograms is a crime that is punishable by a possible maximum sentence of 5 years in jail and a maximum fine of $ 5,000.

The recidivism is penalized with between 6 months and 10 years in jail and a possible fine of no more than 20,000 dollars.

Possession of 10 kilos or less than 50 is a crime that is punishable by a maximum penalty of 20 years in prison and a maximum fine of $ 250,000. Convictions must be applied by the corrections commissioner and range between 2 and 30 years and a possible fine of no more than $ 250,000.

Possession of 50 and less than 100 kilograms is a crime that is punishable by a maximum penalty of 25 years in prison and a maximum fine of $ 500,000. In case of recidivism the fine is the same but the jail term can reach 40 years.

Possession of 100 kilograms or more is a crime that is punishable by a maximum penalty of 30 years in prison and a maximum fine of $ 10,000.

Possession of more than 1.4 grams inside your vehicle (except in the trunk) is a misdemeanor that is punishable by a maximum sentence of 90 days in prison and a maximum fine of $ 1000.

Mississipi

Both medical and recreational marijuana are illegal.

The Mississippi State Legislature suspended the session last March of this year without deciding any action on different bills to reform marijuana policy introduced by members of the House of Representatives and the Senate. Fortunately, advocates of the so-called “compassionate and fair alternatives” to the ban have another way to change the outdated marijuana laws of Mississippi.

Last year, “Mississippians for Compassionate Care” presented a voting initiative to get medical cannabis legalized in Mississippi. Members of this group want to submit an amendment to the state constitution for voters in 2020. According to a recent statement made by the group, more than two-thirds of the required signatures have been certified by the state. The deadline to qualify is September 6.

All that stands between the citizens of this state and the possibility of voting on the legalization of medical marijuana next year are around 30,000 petition signatures.

Mississippians for Compassionate Care, the group behind the initiative to make a referendum for the legalization of medical cannabis named after Medical Marijuana 2020, has been collecting signatures since September 2018. Organizers say more than 57,000 of the 86185 required signatures have already been certified by state officials. Currently, more than 100 people are touring the entire state to get signatures.

In any case, it is clear that Mississippi is one of the states included in what is called the “belt of the Bible.” And it is that those who attack marijuana believe that God is with them. But in Mississippi even many of those in favor of legalization believe that it is at the wish of God.

Jamie Grantham, the communications director of the Medical Marijuana 2020 campaign, shares a similar sentiment. This woman says she decided to get involved in the campaign after a long period of prayer and after doing her own research on the medicinal benefits of the plant.

In his words, we must legalize medical cannabis if this helps people and that God created the plant and gave us a directive to dominate the land and have dominion over it (Genesis), which means that we must act responsibly with what we have been given.

Mississippi is one of 23 states that have decriminalized in some way or, in 11 cases, legalized, personal use and possession of marijuana. Possession of up to 30 grams of marijuana is punished, if it is the first time, with a fine of $ 250 instead of a jail sentence and a civil summons instead of an arrest, provided the offender submits a document proving his identity and a written promise to appear in court.

Possession

A first offense for possession of 30 grams or less is punishable by a fine of between $ 100 and $ 250. A subsequent conviction involves imprisonment of 5 to 60 days and a fine of up to $ 250. A third conviction will result in 5 days-6 months in jail, as well as a maximum fine of $ 1000.

Possession of between 30 and 250 grams is a crime that is punishable by a maximum of 3 years in jail and / or a maximum fine of $ 3,000, or up to one year in prison and a maximum fine of $ 1,000.

Possession of between 250 and 500 grams is a felony that is punishable by a jail term of 2 to 8 years and / or a maximum fine of $ 50,000.

Possession of between 500 grams and 1 kilogram is a crime that is punishable by a prison sentence of 4 to 16 years and / or a maximum fine of $ 250,000.

Possession of between 1 and 5 kilograms is a crime that is punishable by between 6 and 24 years in prison and / or a maximum fine of up to $ 500,000.

Possession of 5 kilograms or more is a felony that is punishable by 10-30 years in jail and a maximum fine of $ 10,000.

Cultivation

The crop in Mississippi will be punished based on the weight of the plants found. See the “Possession” section for more details on the penalty.

Missouri

Currently, only medical marijuana is legal.

Last year, Missouri residents passed Amendment 2 by a large majority to establish constitutional protection for medical marijuana patients, legalizing the use of medical cannabis for serious diseases. The Missouri Department of Health and Senior Services has published its final rules for regulating the state’s medical marijuana program, and state residents can now access the required form to register as a patient. Regulators have begun to accept and process patient records.

More than 500 commercial medical cannabis license applications were filed earlier this year, generating almost $ 4 million in revenue from fees for the state. Additional license applications will be accepted later this year, and the department has until December 31 to determine which applicants will have approval. Missouri law requires that licenses be issued for a minimum of 60 growers, 86 processing facilities and 192 dispensaries throughout the state.

Amendment 2 entered into force on December 6, 2018. The approval of a doctor is necessary so that a patient can be qualified as a patient of medical marijuana if he has been diagnosed with any of the following diseases:

Cancer

Epilepsy

Glaucoma Intractable

Migraines that do not respond to other treatments.

Diseases and disorders that cause persistent pain or muscle spasms, such as multiple sclerosis

Parkinson’s disease and Tourette’s syndrome

Psychiatric disorders such as posttraumatic stress disorder HIV

Any chronic disorder that is normally treated with prescription drugs that can cause dependence, and that a doctor says medical cannabis could be an effective and safe treatment

Any terminal illness

Hepatitis C

ALS

Inflammatory bowel disease

Crohn’s disease

Huntington’s disease

Autism

Neuropathies

Sickle cell anemia

Alzheimer disease

Cachexia

Waste síndrome

Qualified doctors and patients who request and obtain a culture card can grow marijuana plants at home. Each cardholder can grow up to six plants. However, the potentially lucrative and necessary medical marijuana market in Missouri does not have the approval of all doctors. Some are reluctant to recommend medicinal cannabis products to patients who are qualified.

In fact, the Missouri Medical Association opposed the voting initiative that voters approved to legalize medical cannabis. For this reason, potential users are turning to emerging clinics to be prescribed marijuana and go to specialized clinics to obtain the qualification of a qualified patient in which they have to pay approximately $ 200 or less.

Dan Viets, head of the Missouri Medical Cannabis Industry Association, believes that this does not happen because doctors are hostile towards medical marijuana. He believes that doctors are simply not well informed.

Possession

Possession of marijuana has been decriminalized. The law that decriminalizes possession was passed in 2014 and the possession of 10 grams or less of cannabis was decriminalized. Possession of this amount is punishable by a fine ranging between 250 and 1000 dollars. But it no longer carries a jail sentence because the crime is considered a misdemeanor. But possession of higher amounts of cannabis remains punishable by imprisonment.

Cultivation

35 grams or less is a Class E felony that is punishable by up to 4 years in prison and a maximum fine of $ 10,000. 35 grams or more is a Class C felony that is punishable by a sentence of 3 to 10 years in prison and a $ 10,000 fine. Any amount near a school is a class B offense punishable by a sentence of 5 to 15 years and a fine of twice the earnings.

Montana

Medical marijuana is legal but recreational marijuana is still severely penalized.

Montana has always been very opposed to accepting marijuana socially and legally. For years, lawmakers went out of their way to end the state medical marijuana program. The first thing they did was try to revoke the law, but the governor vetoed the attempt. Subsequently the legislators passed a law that proved unfeasible.

In 2012, federal police arrested hundreds of people for possession of marijuana and closed dozens of businesses. Fortunately, patients, advocates and businesses stood firm. In the end, voters had to intervene and supported a legal initiative with sensible changes in 2016.

During the next legislative session the legislators made new revisions. Since that time the state has been implementing and revising standards while companies have had to adjust to the new legal framework. But at least patients already know that the medical cannabis program will still be present.

Lawmakers, businesses and patients are still trying to find a balance between the interests of the state and the financial cost that these laws may entail for patients. Meanwhile, the war continues.

In Montana, the possession of a single joint for non-medicinal use may result in a six-month jail sentence. We are talking about a single joint! And possession of 60 grams or more can imply a sentence of up to five years in prison. These severe penalties for possession of marijuana have a very negative impact on society.

In 2012 alone there were 1502 arrests or subpoenas for crimes related to marijuana, 95% of which were by simple possession. The number of marijuana arrests has tripled since 2003.

And yet, the police have not been able to solve 91% of all thefts, including house raids, and more than 85% of all vehicle thefts. Instead of arresting adults for possession of marijuana, which is ultimately a safer substance than alcohol, the police should use their limited resources to search for and arrest true criminals. At least this is the opinion of many Montana citizens, who believe it would be better to impose a fine than to send a person to jail for a simple joint of marijuana.

Possession for personal consumption

Possession of 60 grams or less of marijuana is a misdemeanor that is punishable by up to 6 months in prison and a fine of between $ 100 and $ 500. A second offense is punishable by up to 3 years in prison and / or a fine of up to 1000 dollars. Possession of more than 60 grams is a crime that is punishable by up to 5 years in prison and / or a fine of up to 50,000 dollars.

Cultivation

The cultivation of up to 1 pound (0.45 kilos) or 30 marijuana plants is a crime that is punishable by up to 10 years in jail and / or a fine of up to 50,000 dollars. The cultivation of more than 1 pound or 30 plants is a crime that is punishable by a minimum of 2 years in prison up to a maximum of life imprisonment and a fine of up to 50,000 dollars. A second or subsequent offense for the cultivation of marijuana is punishable by twice the imprisonment and twice the fine authorized for the first offense.

Paraphernalia

Possession, manufacture or delivery of paraphernalia is a misdemeanor that is punishable by up to 6 months in jail and / or a fine of up to $ 500. However, if the paraphernalia is owned by a person 18 years of age or older and given to a person under 18 years of age and who is at least 3 years younger than the donor, then the crime is punishable by up to 1 year in prison and / or a fine of up to 1000 dollars.

Nebraska

In this state, medical and recreational marijuana are completely prohibited and their use and / or possession are still penalized. It is not a state for cannabis users. Despite requests from patients and their families to legalize medical marijuana, the unicameral legislature of Nebraska ended earlier this year without taking legislative measures (LB 110) sponsored by Senator Anna Wishart, for the creation of a program of medical marijuana for compassion.

But although the result was disappointing, patients await the year 2020, as a campaign has begun to get legalization raised in the next elections. So far, the organization in favor of medical marijuana called “Nebraskans for Sensible Marijuana Laws” has managed to collect approximately 10% of the total number of signatures needed. The proposal would establish legal protection for those patients who obtain a medical care recommendation for cannabis treatment of any disease or disorder. A legal framework would also be created for the state to regulate a market for producers and dispensaries of medical marijuana.

Citizens requesting signatures go throughout the state.

There is no medical marijuana program and yet, Nebraska has one of the highest rates of marijuana arrests in the country. Unfortunately, these arrests disproportionately affect minority communities. African Americans in Nebraska are almost five times more likely to be arrested for possession of marijuana than their white neighbors, despite having similar levels of use.

In 2018 Senator Anna Wishart and some legislative allies introduced a bill on compassionate medical marijuana that ultimately did not prosper. In December, a voting committee was formed to raise the issue in 2020, called Nebraskans for Sensible Marijuana Laws.

Possession

Possession is illegal in Nebraska. Possession of an ounce (28 grams) or less is an infraction that is punishable by a maximum fine of $ 300, and the judge can order the offender to complete a training course on the harmful effects of drugs. A second conviction for possession of an ounce or less is a misdemeanor that is punishable by a maximum fine of $ 400, and the third and subsequent convictions for possession of an ounce or less are misdemeanors punishable by a maximum sentence of seven days of jail and maximum fine of 500 dollars.

Nebraska is one of the states that do not imprison first-time offenders who are in possession of a small amount of cannabis. The first offense for possession of up to an ounce of marijuana is a civil offense that is punishable by a fine of $ 300 and sometimes the obligation to attend a drug education course instead of going to jail.

Cultivation

Cultivation is not allowed. The penalties for cultivation in Nebraska are based on the total weight of the plants found.

Nevada

Both medical and recreational marijuana are legal in this state.

Following a successful voter initiative, on November 8, 2016, the state launched its current program and many companies began selling cannabis for adults 21 and older in July of 2017. A year later, the program continues without much trouble. After the initial concern about transport licenses and later on inventory and supply levels, such as the popular program launched last year, access is available to those who wish and the program now works.

On November 8, 2016, 55% of Nevada voters approved Question 2, which legalized, imposed taxes and regulated marijuana for adults 21 and older. The Marijuana Policy Project played a prominent role in the campaign, which faced a well-funded opposition, including $ 3.5 million from casino tycoon Sheldon Adelson.

Under state law, adults can buy a quantity of cannabis for personal use, but cannot use it outside a private residence. Lawmakers and local jurisdictions are considering options, such as places where adults can gather in a regulated environment to use cannabis, such as in certain casino spaces. But those discussions have not yet begun in some cases and in others they have not ended. As in other similar states, although the sale, consumption and possession are legal, it is not clear where adults can consume outside a private residence. We hope that regulators and local officials can find a solution soon, especially for tourists visiting the state of silver, although as we have said, some casinos are preparing adequate spaces for cannabis use.

Possession of an ounce or less of marijuana or 3.5 grams or less of concentrated cannabis is legal for adults 21 and older.  Marijuana retail stores are legal. Growing up to six marijuana plants is legal for adults 21 years of age or older provided they reside 25 miles or more from a marijuana retail store. Of course medical marijuana is legal. A person can register as a medical marijuana patient if their doctor certifies that the person suffers from one of the following diseases:

HIV acquired immunodeficiency syndrome

 Cancer

Glaucoma

Posttraumatic Stress Disorder (PTSD)

 Cachexia (general physical wear and malnutrition due to chronic disease)

 Persistent muscle spasms (including multiple sclerosis)

 Seizures (including epilepsy)  

Severe nausea  

Severe pain

Patients can purchase marijuana at licensed marijuana dispensaries, from a registered caregiver or they can also grow marijuana at their own residence provided they are more than 25 miles from a functioning medical marijuana dispensary.

How can medical marijuana patients from other states who visit Nevada have access?

One of the best qualities of Nevada’s medical marijuana law is that the state recognizes the patient’s situation of non-residents who are qualified under the laws of their state government. Medical marijuana clinics in Nevada are authorized to sell medical marijuana to patients from other medical marijuana states if the patient presents a medical marijuana card issued by the government of the state in which they reside. The Nevada marijuana legal industry raised $ 81.2 million in tax revenue during the first 10 months of the fiscal year that ended in July 2019.

New Hampshire

For now, medical marijuana is legalized.

Proponents of the legalization and regulation of cannabis made great progress in 2019. It is the first time that the House of Representatives has voted to pass a bill of legalization, HB 481, which passed to the Senate.

The bill was approved by the Chamber on April 4 in a vote of 200 to 163 after being approved by two committees. Unfortunately, on May 30, the Senate voted to postpone the adoption of the bill until January 2020.

Although some politicians continue to oppose reforms, public opinion wants to end the ban on marijuana. Two consecutive surveys published by the New Hampshire University Survey Center showed that 68% of state residents support the legalization of marijuana. A survey conducted in February 2018 showed two-to-one support for HB 656, a bill that would have meant the legalization of possession and limited cultivation in the home.

On May 2, 2019, for the first time in its history, the Senate passed a bill that would allow the cultivation of cannabis at home of registered patients and caregivers. In a vote of 14-10, the Senate approved HB 364, which would allow the possession of three mature plants, three immature plants and 12 seedlings for each patient. The Chamber had already passed the bill in an oral vote on March 7, 2019. It is scheduled for a final vote in the House on June 5 before moving on to the governor for signature.

On July 18, 2017, Governor Chris Sununu signed HB 640, a marijuana decriminalization project. Under the new law, effective as of September 16, 2017, penalties for possessing three quarters of an ounce or less of marijuana are reduced from a misdemeanor to a civil violation that is only punishable by a fine.

Although the House of Representatives had approved several decriminalization projects in recent years, on March 8 the decriminalization was finally approved by a large majority in a vote of 318 against 36. The Senate approved an amended version in a vote of 17 against 6. On June 1, the House of Representatives approved the Senate amendment in a voice vote, sending the bill to the office of Governor Chris Sununu.

In July 2019, Chris Sununu vetoed legislation that could have stimulated sales of medical marijuana by eliminating the requirement of a health care provider. The bill would have eliminated the requirement that a patient have at least a three-month relationship with a health care provider before being certified to receive medical marijuana. The Republican governor said he believed a strong relationship between the provider and the patient was necessary to ensure that proper treatment is administered. Despite that defeat, the heavily regulated New Hampshire market is experiencing an expansion of medical marijuana as a result of other legislative measures enacted this year and in 2018.

Sununu recently signed two bills that will help expand the state’s medical marijuana market. Here are the details of those measures:

Medical assistants may recommend medical cannabis to patients as of August 20.

Regulators can allow all four state medical marijuana operators to open a second clinic in the area.

That measure, which will take effect on September 8, could lead to New Hampshire having eight medical cannabis dispensaries.

In 2019, the Marijuana Business Factbook organization estimates that New Hampshire’s medical cannabis sales will reach between 20 million and 25 million dollars. Currently, approximately 8,000 patients are certified in the program.

Possession

Any person 18 years of age or older who possesses less than one ounce (28 grams) of marijuana is guilty of a violation of the law and is subject to a $ 100 fine. This penalty applies to the first and second offenses.

Any person 18 years of age or older who possesses less than one ounce of marijuana and is guilty of a third offense within 3 years of the first offense is guilty of a violation of the law and is subject to a fine of 300 Dollars.

Any person 18 years of age or older who possesses less than one ounce of marijuana and is guilty of a fourth offense within three years after the first offense is guilty of a Class B misdemeanor that is not punishable by prison sentence but carries a fine of $ 1200.

Possession of more than 3/4 of an ounce is a misdemeanor that is punishable by a maximum sentence of 1 year in prison and a maximum fine of $ 350.

Cultivation

Growing in New Hampshire is penalized based on the weight of the plants found.

New Jersey

Only medical marijuana is legal. On June 2, 2019, Governor Phil Murphy signed the A20 law, known as the Jake Law, in honor of Jake Honig, a child patient who consumed medical marijuana during his fight against cancer. The law needs many reforms, including the expansion of access and the addition of chronic pain as a qualified disease.

Although most residents supported the legalization of recreational marijuana in New Jersey, there was not enough support in Trenton.

Earlier this year, the bill for the legalization of recreational consumption was introduced just because the leaders did not believe there were enough votes for approval in the Senate. The ban on marijuana has cost New Jersey millions of dollars and has ruined the lives of thousands of people in this state.

Possession

 Possession of 50 grams or less is a “disorderly person” crime that is punishable by a maximum penalty of 6 months in prison and a maximum fine of $ 1000. Possession of more than 50 grams is a crime considered fourth degree that is punishable by a maximum sentence of 18 months in prison and a maximum fine of $ 25,000.

Possession within 1000 feet (300 meters) of a school adds a sentence of 100 hours of community service to the main sentence, as well as an additional variable fine (depending on the amount).

Cultivation

Growing between 1 ounce (28 grams) and less than 5 pounds (2.3 kilos), less than 10 plants, is a third degree offense that is punishable by a sentence of 3-5 years in prison and a maximum fine of 25,000 Dollars. The cultivation of between 5 pounds and less than 25 pounds (between 10 and less than 50 plants) is a second degree crime that is punishable by between 5 and 10 years in prison and a maximum fine of $ 150,000. The cultivation of 25 pounds or more (50 or more plants) is a first degree crime that is punishable by a sentence of 10 to 20 years in prison and a maximum fine of $ 300,000.

New Mexico

Medical marijuana is legal.

On April 3, Governor Michelle Lujan Grisham signed SB 323, which decriminalizes possession of up to half an ounce of marijuana. New Mexico is the twenty-fifth state to decriminalize the possession of marijuana, and as of July 1, the penalty for owning up to half an ounce of marijuana is a civil fine of $ 50, rather than a possible jail time.

Unfortunately, a bill to legalize, regulate and impose taxes on marijuana for adults did not prosper in the Senate Finance Committee after passing through the House. Under the failed project, adults should have access to safe and regulated places to buy recreational marijuana. 60% of New Mexico voters agree, according to a survey last year.

New Mexico is one of 32 states (plus D.C.) that have eliminated criminal penalties for medical use of marijuana. As of October 2018, there were 58789 registered patients treated by dozens of licensed nonprofit producers. In addition, 7341 patients are licensed to grow cannabis by themselves.

In a decision made public on November 2, 2018, a judge overturned the cap of 450 plants imposed on licensed nonprofit growers because he considered it arbitrary. Many patients had suffered from a lack of supply and high prices due to the maximum allowed. On March 1, 2019, the Department of Health temporarily increased the plant count to 2500 units.

Possession for personal use

Possession of up to half an ounce (14 grams) of marijuana is punishable by a fine of $ 50. For the first offenses, possession of more than half an ounce and up to an ounce (28 grams) of marijuana is a misdemeanor that is punishable by a fine of 50-100 dollars and / or up to 15 days in jail. For subsequent offenses, possession of more than half an ounce and up to an ounce of marijuana is a misdemeanor that is punishable by a fine of $ 100 – $ 1000 fine and / or up to one year in prison.

Possession of more than one and up to eight ounces (226 grams) of marijuana is a misdemeanor that is punishable by a fine of between $ 100 and $ 1000 fine and imprisonment of up to one year. Possession of eight ounces or more of marijuana is a fourth-degree felony that is punishable by 1.5 years in jail and a fine of up to $ 5,000.

Hemp

New Mexico has bet heavily on hemp.

Last April, Governor Michelle Lujan Grisham told the media that the hemp industry is full of potential. The governor addressed the media shortly after signing a bill that establishes the commercial and industrial uses of hemp and creates a regulatory framework. Lujan Grisham says that hemp can play a key role that will boost New Mexico’s agricultural sector, creating high quality jobs and driving innovation. For more information, we recommend you read our article “Hemp, the new” El Dorado “of New Mexico”.

New York

Only medical cannabis is legal.

In order to commemorate Veterans Day, in November 2017, Governor Andrew Cuomo signed a bill to add posttraumatic stress disorder (PTSD) as a disease qualified to be treated with marijuana. In addition, the Department of Health added chronic pain to the list of qualified diseases in 2017. Attempts were made to remove the restrictions in the proposed rules, and although the Department of Health refused to do so, it clarified that medical marijuana patients to Treating chronic pain does not need to have resorted to opiates in order to be treated with cannabis.

After months of discussing how the state of New York will legalize marijuana, the legislature closed the session on June 21, 2019 without voting on the issue. Governor Andrew Cuomo tried to have the legislature legalize recreational cannabis, but his proposal for legalization had not been included in the state budget earlier this year.

The Marijuana Taxation and Regulation Act was introduced at the end of the session, but that measure could not get enough support in the Senate to receive a vote before the deadline of the legislature. The matter has been left by the year 2020. Most New Yorkers, Governor Cuomo and legislative leaders support the end of the cannabis ban.

Possession for personal consumption

* Possession of up to 25 grams of marijuana is punishable by a fine of $ 50. * Possession between 25 grams and 2 ounces (56 grams) is a violation that is punishable by a maximum fine of $ 200.

Possession of 2 ounces – 8 ounces is a class A misdemeanor that is punishable by no more than 1 year in prison and a fine not exceeding $ 1000. Possession of more than 8 ounces (226 grams) and less than 16 ounces is a felony class E criminal offense with no more than 4 years in jail and a fine not exceeding $ 5,000. Possession of more than 16 ounces and less than 10 pounds (4.5 kilos) is a felony class D felony penalized with no more than 7 years in jail and a fine not exceeding $ 5,000. Possession of more than 10 pounds is a class C felony criminalized with no more than 15 years in jail and a fine not exceeding $ 15,000.

Cultivation

Growing cannabis is a class A misdemeanor and is punishable by up to 1 year in prison and / or a fine of up to $ 1,000.

Decriminalization

The legislature passed a bill that will prevent thousands of minor arrests and convictions for possession of marijuana for recreational purposes. The bill now awaits the action of Governor Andrew Cuomo (Democrat), who is expected to sign it.

The legislature approved document A08420 / S06579, which will establish the state decriminalization law. The bill would reduce the penalty for possession of up to an ounce of marijuana to a fine of $ 50 (formerly $ 100). It also ends the “public hearing before a judge” that the police used as an excuse to arrest thousands of New Yorkers, and also criminal records are automatically erased for the old convictions of conduct that is now decriminalized.

North Carolina

Both medical marijuana and recreational marijuana are prohibited in this state.

Marijuana is a substance on List VI of the North Carolina Controlled Substances Act.

North Carolina is one of 17 states that still punish patients who use medical cannabis instead of opiates.

Although voters cannot do anything about it, with each more medical cannabis laws enacted and with 80% of North Carolina voters supporting it, the pressure grows for medical marijuana to be legalized.

On March 20, 2019, 19 co-sponsors presented the bill called H 401 with the intention of legalizing medical cannabis.

Five years ago North Carolina took a small step forward and enacted a law focusing on the CBD only for patients with seizure disorders that cannot be treated in any other way. The law does not include most patients and does not provide patients with a state source of cannabis extracts.

In 2019, the Senate passed a bill to extend the CBD law in order to add autism, Crohn’s disease, multiple sclerosis, mitochondrial disease and other conditions that did not respond to at least three other types of treatment. However, bill S 168 did not leave the committee in the House. Unlike laws H 401 and comprehensive medical marijuana, it also does not provide any form of safe access to medicinal cannabis preparations, and only allows between 0.3% and 0.9% of cannabis with THC, which is a lower THC amount than many patients need.

The legislature ended the year without changes, but will return in 2020 for the rest of its two-year legislative session.

North Carolina is one of the 26 states that have enacted laws to stop imprisoning those who own small amounts of marijuana, at least for a first offense. In 1977, the legislature approved a significant reduction in sanctions. But the matter had so little significance that many people do not even know it. However, the law is among the weakest decriminalization laws in the country: a sentence can be suspended if it is the first time the defendant commits the offense but the criminal record lasts a lifetime.

As in most states that prohibit cannabis, people of color are arrested and convicted in a much larger proportion. According to government data, while blacks represent 22% of the population in North Carolina, they represent 50% of cannabis-related arrests, although the reality is that whites and blacks consume cannabis at similar rates.

Senators Paul Lowe, Valerie Foushee, Toby Fitch and the co-sponsors introduced bill S58, which would make it legal to own up to four ounces of marijuana. It would also allow the criminal record of a person convicted of up to three ounces of cannabis to be removed. A similar bill was introduced in 2018.

Possession for personal use

0.5 ounces or less. Minor offence. It is not punishable by jail. $ 200 fine.

Between 0.5 and 1.5 ounces. Misdemeanor punished with between 1 and 45 days in jail and $ 1000 fine.

More than 1.5 ounces and up to 10 pounds (4.5 kilos). Major crime punishable by between 3 and 8 months in jail and a fine of 1000 dollars.

Cultivation

Less than 10 pounds. Major crime punishable by 3 to 8 months in jail and $ 1000 fine.

Between 10 and 50 pounds is a Major crime * punishable by 2.5 years in jail and a fine of $ 5,000.

50 to 2000 pounds. Major crime * punishable by 3.5 years in jail and $ 25,000 fine.

2000 – 10,000 pounds. Serious crimes *. Punished with 7 years in jail and $ 50,000 fine.

10,000 pounds or more. Serious crime punishable by between 14.5 * and 18 years in jail and a fine of $ 200,000.

* Means mandatory minimum sentence

Paraphernalia

The use, possession, sale, delivery or manufacture of paraphernalia is a misdemeanor punishable by 1 – 45 days in jail and $ 1000 fine.

North Dakota

Only medical marijuana is legal.

With the signature of Governor Doug Burgum on bill 1050 of the House of Representatives, North Dakota officially eliminated jail sentences for adults 21 and older who own up to half an ounce of marijuana.

The new North Dakota law takes effect on August 1 of this year.

It reclassifies possession of up to half an ounce of marijuana as an infraction that does not involve jail and a maximum fine of $ 1000. It was previously a misdemeanor that was punishable by up to 30 days in jail in addition to a fine. The bill also reclassifies the penalties for possession crimes involving amounts more than half an ounce and asks the Legislature to study the legalization of the use of adults.

The reclassification bill is not perfect but it is a step forward.

Opening of medical marijuana dispensaries

At the beginning of March, the first state-licensed clinic in North Dakota was opened and three more dispensaries are expected to open soon. In total, state laws allow up to eight dispensaries. In addition, two medical marijuana cultivation facilities have been authorized.

Following a defeat in the 2018 vote, local advocates of the organization “Legalize ND” are preparing for a new attempt to legalize marijuana for adult use in the 2020 elections. The people of North Dakota voted last November to defeat Measure 2, a voting initiative that could have achieved the legalization of marijuana for adults and would eradicate the criminal record of people with previous marijuana offenses.

Possession

Republican Governor Doug Burgum has enacted laws that reduce penalties for possession of marijuana. The law has entered into force on August 1, 2019. As of August 1, 2019, possession of 1/2 ounce [14,175 grams] or less of marijuana is a criminal offense that is punishable by a fine of Up to 1000 dollars.

If a person is convicted of such an infraction and recidivizes one or more times within the same year, he may be sentenced to a maximum prison term of 30 days and / or a fine of $ 1,500.

In the event that the defendant is not subsequently convicted of another crime within the next two years, the criminal record of the convictions for criminals who possess 1 ounce or less will be eradicated.

Possession of more than 1/2 ounce (14 grams) but less than 500 grams is a Class B misdemeanor that is punishable by a maximum penalty of 30 days in jail and / or a maximum fine of $ 1,500.

Possession of 500 grams or more of marijuana is a Class A misdemeanor that is punishable by a fine of no more than $ 3,000 and / or imprisonment not exceeding 1 year.

Possession of cannabis within 1000 feet (300 meters) of a public or private elementary or secondary school is a serious class B felony that is punishable by up to 10 years in prison and a fine of up to $ 20,000.

Cultivation

Growing in North Dakota is penalized based on the weight of the plants found. Consult the “Possession” section for more details on the sanction.

Ohio

Only medical marijuana is legal.

Earlier this year the first state-licensed medical marijuana dispensary was opened in Ohio, and the number of centers continues to increase. Lawmakers passed a medical marijuana law in 2016, but implementation has taken a long time. However, the medical cannabis program continues to grow and today more than 31,000 patients have registered since the state began accepting applications last year.

Last June, the Ohio State Medical Board postponed a vote on whether autism and anxiety disorder should be added to the list of qualified diseases for medical marijuana treatment. Previously, a committee recommended that they be included, and also suggested that depression, opioid dependence and insomnia not be included.

People who are not registered as medical marijuana patients and are arrested for possession of less than 100 grams (or about 3.5 ounces), give 20 grams or less of marijuana to another person, or grow less than 100 grams of marijuana commit a misdemeanor that is punishable by a maximum fine of $ 150. A misdemeanor is not a crime that involves jail, but that person’s driver’s license can be canceled for a period of six months to five years.

Lately, attempts to decriminalize the possession of marijuana locally in some Ohio cities have been successful, including a last success in Cincinnati. More and more Ohio residents are ready for change and believe that recreational marijuana should be legal for adults. These citizens can see that the prohibition of marijuana has failed and only undermines health, public safety and economic resources. It’s time for Ohio to move forward, stop arresting people for marijuana and adopt a reasonable system of legalization.

Possession

Less than 100 grams. Misdemeanor punished with a fine of $ 150.

200 – 1000 grams. Major offense that is punishable by 1 year in jail and a fine of $ 2,500.

1000 – 20000 grams. Major offense that is punishable by 1 to 5 years in jail and a fine of $ 10,000.

20000 – 40000 grams. Major offense punishable by 5 * – 8 years in jail and a fine of $ 15,000.

More than 40000 grams. Major offense punishable by 8 years * of jail and a fine of $ 20,000.

Cultivation

The penalties for growing marijuana are the same as the penalties for owning an equivalent amount, by weight, of the plant. See the chart above for more guidance. ** Ohio grants an affirmative defense for the crop if the defendant can meet the burden of proving that marijuana is for personal use. If you can prove it, the defendant can be convicted or plead guilty to a minor violation of the illegal cultivation of marijuana.

Paraphernalia

Possession of paraphernalia is a misdemeanor that is punishable by a fine of $ 150.

Miscellany

Convictions for drugs, cannabis and even paraphernalia, may result in the suspension of the driver’s license for a period of 6 months to 5 years.

Oklahoma

Medical marijuana is legal.

On March 14, 2019, Oklahoma Governor Kevin Stitt (Republican) signed a “unit” medical cannabis law, HB 2612. HB 2612 revised the state’s medical cannabis program enacted by voters. Although some changes, such as providing laboratory tests, are positive, there are others that minimize patient protection.

In particular, those provisions that protect patients from losing their jobs by testing positive for medicinal cannabis metabolites (which can remain in the body until one month after consumption) have deteriorated greatly. Act HB 2612 includes a broad exemption for so-called “security-sensitive positions”, such as any work that involves driving, direct patient care or child care.

On the other hand, another bill to modify the medical cannabis law, including the increase of local control, project SB 1030, initially contemplated a discreet provision of decriminalization. As approved by the Senate, project SB 1030 would have reduced the fine for simple possession of cannabis to a fine of up to $ 400. Under the medical cannabis law created by Oklahoma voters, anyone who has up to 1.5 ounces of cannabis and who can prove a disease is subject to a fine of up to $ 400. The Senate version of project SB 1030 would have applied even to those who did not declare a medical condition. “Unfortunately, the provision was not included in the House or in the version of the conference committee. And so far, the legislature has been postponed.

Implementation of medical marijuana

On June 26, 2018, Oklahoma legalized medical marijuana. Since that day, the state has become the most diligent in the country to implement an effective medical cannabis law. About two months later, the health department began accepting the first requests from patients, caregivers and possible businesses of medical cannabis. Patients and licensed medical marijuana caregivers can own and grow limited amounts of cannabis and buy cannabis from licensed companies. The first sales began to occur a month later.

In less than a year after its promulgation, the Oklahoma program is already one of the largest in the country. As of April 8, 2019, the Medical Marijuana Authority has licensed 83458 patients, 1263 dispensaries, 2361 growers and 650 processors.

Oklahoma City decriminalizes possession

On September 24, 2018, the Oklahoma City City Council approved a reduction of fines for simple possession of marijuana for recreational use to a fine of up to $ 400. Until the new law went into effect on October 26, 2018, the maximum fine for simple possession was $ 1200 and six months in prison. Oklahoma City Police Chief Bill Citty personally recommended the new ordinance, claiming he could keep the city safer by allowing police officers to devote more time to other more worrisome crimes.

Because penalizing consumers with jail sentences and criminal records for possessing small amounts of marijuana is a waste of police resources and can condemn the arrested person to a life full of serious consequences, including the denial of financial aid to students, housing, employment and professional licenses.

Possession

Any amount (first time) is a misdemeanor that is punishable by 1 year in jail and a fine of $ 1000. Any amount (second time or more times) * is a misdemeanor that involves 1 year in jail and $ 1000 fine.

Culture

Growing up to 1000 plants is a serious crime that is penalized with a maximum fine of $ 25,000 and between 20 years and life imprisonment in prison.

The cultivation of more than 1000 plants is penalized with a fine of up to 50,000 dollars and between 20 years in prison and life imprisonment.

The cultivation of marijuana by the landowner is a serious crime that is punishable by a prison sentence of between 2 years and life imprisonment and a fine of up to $ 50,000

See the possession section for the same amounts.

Paraphernalia

Possession of paraphernalia (first offense) is a misdemeanor punishable by 1 year in prison and a fine of $ 1,000.

Possession of paraphernalia (second offense) is a misdemeanor punishable by 1 year in prison and a fine of $ 5,000.

Possession of paraphernalia (third offense) is a misdemeanor punishable by 1 year in jail and a fine of $ 10,000.

Any conviction implies the suspension of the driver’s license from 6 months to 3 years.

Oregon

Both medical marijuana and recreational marijuana are legal.

In Oregon, laws regarding cannabis possession are different for the use of marijuana at home and away from home, which also apply to groceries and other marijuana products. For this reason, it is recommended that smokers who have cannabis when they are away from home always have an identity card handy as proof of age.

If you are of legal age and you are in a public place, you may have:

1 ounce (28 grams) of dried flowers, 24 ounces (680 grams) of dried flowers if you are a registered holder or registered caregiver of the Oregon Medical Marijuana Program (OMPP) card, 1 ounce of cannabis concentrates or extracts.

You have to buy cannabis concentrates in a licensed retail store, because the possession of homemade concentrates is still illegal.

16 ounces (453 grams) of cannabis edibles in solid form, 72 ounces (2041 grams) of cannabis products in liquid form, 10 cannabis seeds or 50 seeds if you are a registered card holder of the Oregon Medical Marijuana Program ( OMPP), and 4 immature cannabis plants.

If you are of legal age and you are on private property, you are allowed to have up to 8 ounces (226 grams) of dried marijuana flowers. The other limits of possession remain the same as the limits in the case of possession on public roads.

Purchase Limits

 If you are 21 years of age or older and you also have a valid government-issued ID, you can buy dried cannabis flowers, seeds, clones, edibles, concentrates and other products that contain cannabinoids. However, there are limitations on the quantities you can buy from a licensed retailer.

If you are of legal age and you have a valid ID, you can buy:

1 ounce of dried flowers, 24 ounces of dried marijuana flowers if you are a registered holder or registered caregiver of the Oregon Medical Marijuana Program (OMPP) card, 5 grams of cannabis concentrates or extracts, 16 ounces of cannabis edibles in the form solid, 72 ounces of cannabis products in liquid form, 10 cannabis seeds and 4 immature cannabis plants.

WARNING: As of August 24, 2018, registered cardholders of the medical marijuana program can only purchase one ounce of cannabis per day. These regulations will expire every six months and have been implemented to help end the black market.

It is legal to give recreational cannabis between two adults 21 years of age or older, but only if the amount delivered does not exceed the limits of possession and the person who gives it does not receive money for it.

Consumption

Smoking weed in public in Oregon is completely illegal. It can only be consumed at home or on private property. Therefore, there are no bars, community parks, public areas for outdoor smoking, buses or airplanes, or federal land. If you are arrested for consuming in public you will face very unpleasant legal consequences, including fines and even jail.

There are some counties and cities that prohibit recreational marijuana sales in Oregon. They have adopted a policy very similar to that of Colorado, which allows cities and local counties to decide for themselves if they allow the presence of recreational marijuana stores. Cities and counties have their own laws, so a county can ban recreational stores, but a city within that county can allow them. And vice versa, a city can ban recreational marijuana stores even if they are allowed within the county to which the particular city belongs. However, when it comes to simple possession, it is legal throughout Oregon, regardless of whether a city or county allows recreational stores or not.

Cities that prohibit recreational stores:

Adrian

 Athena  

Aumsville  

Baker city

 Boardman

 Burns

 Canby

 Canyon city

 Canyonville  

Central point

 Coburg

 Cove

 Creswell

 Culver

 Dayville

 Eagle point

 Elgin

 Enterprise  

Fairview

Gaston  

Grass valley

 Halfway

 Halsey

 Harrisburg

 Heppner

 Hermiston

 Ione

 Irrigon

 Island city

 Jacksonville

 John day

 Jordan Valley

 Joseph

 Junction city

 Klamath falls

 The big one

 Lake Oswego

 Lexington

 Long creek

 Lostine

 Lyons

 Maupin

 Merrill

 Mill city

 Millersburg

 Milton-Freewater

 Monument  Moor

 Mount angel

 Mount Vernon

 North powder

 Nyssa

 Ontario

 Prairie city

 Richland

 Rufus

 Sandy

 Scott Mills

 Shady cove

 Shaniko

 Sherwood

 Spray

 Sublimity

 Summerville

 Sutherlin

 Ukiah

 Umatilla

 Union

 Voucher

 Wallowa

 Wasco city

 West linn

 Wilsonville

Driving under the influence of cannabis

Driving a vehicle with any amount of THC in your body could constitute a charge for driving under the influence (DUI). However, since THC can remain in your body for up to 30 days, it is difficult to show whether or not you smoked before or while driving. The best way to avoid this is not to smoke if you are going to drive. If you are arrested for driving under the influence of marijuana, you could face jail time and fines, as well as canceling your driver’s license. Even the judge could order an ignition interlock device installed in your vehicle whose cost is at your expense. Oregon has taken a strict stance in this regard and considers that any trace of THC in the body is evidence of physical deterioration and inability to drive a vehicle.

Medical marijuana

Oregon Medical Marijuana Law protects users from criminal charges related to possession, production and delivery. To request a medical marijuana card it is advisable to visit the Oregon Department of Public Health website and fill out an application. It is mandatory that your doctor complete the Declaration of the attending physician. You will also need a valid photo identity card and pay $ 200, which is the official application fee. If you receive any kind of government benefit, such as food stamps, this rate may be reduced. You will receive your card within 30 days of submitting your application.

Oregon does not recognize medical marijuana cards that come from outside the state. But a recent decision of the appeals court could change this reality, although it is not yet known. For those people who try to use their Oregon medical marijuana cards out of state, they have to know that only the following states will recognize the card:

Arizona

Delaware

Maine

Michigan

Montana

Nevada

Rhode Island

Cultivation

Under current Oregon law, if you are 21 years of age or older, you can grow up to four plants per household, but they should be kept out of public view. If you grow outside, you have to hide the plants with a high fence or other barrier. If you grow more than four plants and get caught, you face fines of up to $ 125,000 and even time in prison.

Keep in mind that if you live within 1000 feet (300 meters) of a school, you are prohibited from growing in your residence. However, this law could change in the future. Meanwhile, don’t even think about doing it or you could face 25 years in jail and up to $ 375,000 in fines.

Pennsylvania

Only medical marijuana is legal.

The question of whether Pennsylvania should legalize marijuana for adults is increasingly important.

Between February and May, Lieutenant Governor John Fetterman made a trip across the state to hear different opinions about the legalization of cannabis and visited the 67 counties of Pennsylvania. The governor concluded that about 65% of the population was in favor of legalization. On the other hand, Democrat Jake Wheatley along with 26 other co-sponsors presented bill HB 50 with the intention of ending the ban.

In July 2018, Auditor General Eugene DePasquale made a report that anticipated that Pennsylvania could generate up to $ 581 million per year if marijuana was legalized for adults. Unfortunately, the president of the House of Representatives Mike Turzai (Republican) opposes legalization and the Republican majority of the Senate also opposes. Both the House and the Senate have Republican majorities, and no Republican legislator in Pennsylvania wants legalization of recreational marijuana.

Decriminalization

Project In October 2018, for the first time, the Judicial Committee of the Pennsylvania Chamber approved a bill to penalize the possession of cannabis with a fine. The bill did not receive a vote before the legislature was postponed in November 2018.

Now that the 2019-2020 legislative is underway, we will see what happens. Since political leaders oppose legalization, Pennsylvania is likely to continue the ban for many years. But at least the state should stop criminalizing cannabis users.

On the other hand, the cities of Pennsylvania have reduced their penalties for cannabis. On March 19, 2019, Steelton decriminalized the simple possession of marijuana, joining Philadelphia, Pittsburgh, Harrisburg, York, State College, Erie, Lancaster and Bethlehem.

Sale of medical marijuana

On February 15, in the state of Keystone, two years after the governor signed Law 16, dispensaries began selling medical marijuana to patients and caregivers. It is estimated that Pennsylvania will be one of the most important medical marijuana markets in the country.

As of February 2019, about 50 dispensaries across the state are already operational, and soon several dozen more will be working. On May 12, 2018, the Department of Health published regulations to improve the medical cannabis program.

The regulations allow the patient to access the medical marijuana flower and also extend the qualification conditions, including substitute therapy for opioid addiction. All changes were recommended by the Medical Marijuana Advisory Board.

Penalty

 Marijuana is a controlled substance in List I.

Culture

The cultivation of any number of plants is a serious crime that is punishable by 2.5 – 5 years in jail and $ 15,000 fine.

Possession

Possession of 30 grams or less of flowers or 8 grams or less of hashish is a misdemeanor that is punishable by 30 days in jail and / or a fine of $ 500. Possession of more than 30 grams of flowers or more than 8 grams of hashish is a misdemeanor that is punishable by a maximum penalty of 6 to 12 months in prison and a fine of $ 5,000. A second conviction or more has a maximum fine of $ 25,000 and a maximum of 18 to 36 months in prison. The first conviction for possession can be exchanged for probation, in which the offender receives probation for up to one year instead of jail. A second or subsequent conviction can lead to a double penalty.

Rhode Island

Only medical marijuana is legal.

Shortly after the Rhode Island Legislature was postponed at the end of June, Governor Gina Raimondo (Democrat) signed the budget for fiscal year 2020. Among some of the minor changes to existing medical marijuana and hemp laws, The protocol to create six new licenses for compassion centers, state-licensed facilities that grow and sell medical cannabis was included.

An earlier budget proposal from the governor’s office that was submitted in January included a plan to legalize, regulate and tax recreational cannabis for adult use. Despite the view in favor of the Rhode Island State Police and the Department of Health, and the polls, which have a margin of support of 19 points for legalization among state voters, the leadership of the Democratic Chamber finally eliminated the legalization of the draft budget.

The cultivation of cannabis plants in the home for patients, social equity for minorities that are most negatively affected by the prohibition of marijuana and equity in the cannabis market were also important topics of debate in the General Assembly of this year. Although the session was disappointing for policy advocates in favor of the legalization of cannabis, the issue will continue to be a basic theme of future legislative discussions. Many legislators know that getting against legalization for adult use is not a long-term solution.

While the General Assembly is suspended, the citizens of Rhode Island have to contact their senator and state representative to talk with them about the need for a complete and fair reform of cannabis policy. The 2020 session begins in early January.

Cannabis laws

Medical Marijuana is allowed.

A citizen can be registered as a medical marijuana patient if his doctor certifies that this person suffers from one or more of the following diseases:

Cancer

Posttraumatic Stress Disorder (PTSD)

Glaucoma or the treatment of this condition

 Be HIV positive or treat this condition

 Hepatitis C or its treatment

 Autism

 A chronic or debilitating medical condition or condition and its treatment, which produces one or more of the following:

Cachexia or wasting syndrome severe pain, seizures, including, but not limited to, the characteristics of epilepsy, severe and persistent muscle spasms, including, among others, those characteristic of multiple sclerosis or Crohn’s disease and agitation related to the disease of Alzheimer’s.

Possession for personal use

Possession of marijuana of up to an ounce (28 grams) by a person 18 years of age or older is a civil offense, which is punishable by a fine of $ 150, without time in prison and does not imply a criminal record.  Possession of 1 ounce to 1 kilogram is a misdemeanor that is punishable by a maximum of 1 year in jail and a maximum fine of $ 500.

Cultivation

Although it seems impossible to understand, cultivation is a serious crime.

Less than 1 kg It is a felony that is punishable by a 30-year jail term and $ 100,000 fine. 1 – 5 kg Serious crime punishable by 10 * – 50 years in jail and a fine of 500,000 dollars.

More than 5 kg Serious crime punishable by imprisonment ranging from 20 years * – life imprisonment and fine of $ 10,000.

Growing within an area equal to or less than 300 yards (328 meters) of a school can result in double penalties.

Possession (even if not consumed) while driving, involves the suspension of the driver’s license for a period of 6 months.

South Carolina

Both medical and recreational marijuana are completely illegal.

A subcommittee of the South Carolina Senate voted to advance a bill that would legalize access to medical marijuana. The legislation, known as the Compassionate Care Act, will now be studied by the entity known as Senate Medical Affairs for discussion and possible voting.

The subcommittee’s vote (5 to 1 in favor) came after legislators passed different amendments to the bill. Some of the changes include reducing the list of medical conditions that would qualify a patient to legally use medical cannabis, prohibit certain workers from accessing cannabis treatment, and require doctors to have specific qualifications before prescribing marijuana.

This bill still has a long way to go to become a law because opponents of the State Law Enforcement Division (SLED), the South Carolina Sheriffs Association and the State Medical Association say they will not support the law without the seal of approval of the United States Food and Drug Administration.

A survey conducted in January concluded that the majority of the citizens of South Carolina support the legalization of medical marijuana.

Possession

1 ounce or less (first offense). It is a misdemeanor punishable by 30 days in jail and $ 200 fine.

1 ounce or less (subsequent offense). Misdemeanor punished with 1 year in jail and 2000 dollars fine.

Cultivation

Less than 100 plants. Major crime punishable by 5 years in jail and a fine of 5000 dollars.

100 – 1000 plants Major crime punishable by 25 years * in jail and a fine of $ 25,000.

1000 – 10000 plants. Major crime punishable by 25 years * in jail and a fine of $ 50,000.

More than 10,000 plants. Major crime punishable by 25 years * in jail and a fine of $ 200,000.

* Mandatory minimum sentence.

Possession of paraphernalia carries a fine of $ 500.

Hashis

Possession of 10 grams or less of hashish is a misdemeanor that is punishable by imprisonment of up to 30 days and a fine of between $ 100 and $ 200.

For a second or subsequent offense, the offender is guilty of a misdemeanor and is punished with no more than one year or a fine of not less than two hundred dollars or more than one thousand dollars, or both.

Probation can be granted to offenders for the first time.

Possession of more than 10 grams of hashish or hashish oil is considered possession with intent to distribute. A conviction for a first offense is punishable by imprisonment of no more than five years and a fine of no more than 5000 dollars.

For a second offense, even if the first conviction was outside of South Carolina, the offender is guilty of a felony and must be imprisoned no more than ten years or fined more than $ 10,000.

For a third or subsequent crime, the offender is guilty of a felony that is punishable by imprisonment for not less than five years or more than twenty years, and / or fined no more than $ 20,000.

Paraphernalia

It is illegal to manufacture or sell drug paraphernalia. Possession of paraphernalia is a “civil citation” that is punishable by a maximum fine of $ 500.

South Dakota

Both medical and recreational marijuana are illegal.

Marijuana possession laws in South Dakota may be the toughest in the nation.

Possession of only a minimum amount of marijuana in South Dakota implies a possible sentence of one year in prison and a fine of $ 2,000. But it is even worse since people who have used marijuana in other places are also subject to this penalty if they test positive for previous consumption, even if they used marijuana in a state where it was legal.

South Dakota is the only state with this “internal possession” law. In addition, possession of any amount of hashish or concentrates is a felony, which is punishable by up to five years in prison and a fine of up to 10,000 dollars. Even if you only have drug paraphernalia, such as a marijuana pipe, in South Dakota you can be convicted of a misdemeanor that is punishable by up to 30 days in prison and a fine of up to $ 500.

Possession

2 ounces (56 grams) or less. Misdemeanor punished with 1 year in jail and a fine of $ 2,000.

2 ounces – 1/2 pound (225 grams). Major offense punishable by 1 year in jail and a fine of 4000 dollars.

1/2 – 1 pound (0.22 – 0.45 kilos). Major crime punishable by 5 years in jail and $ 10,000 fine.

1 – 10 pounds (0.45 to 4.5 kilos). Major crime punishable by 10 years in jail and a fine of $ 20,000.

More than 10 pounds (3.4 kilos). Serious crime punishable by 15 years in jail and a fine of $ 30,000.

Hashis

Possession of hashish is a crime punishable by 10 years in jail and a fine of $ 20,000.

Cultivation

Growing in South Dakota is punished based on the weight of the plants found as simple possession or as possession with the intention of distributing. See the “Possession” section for more details on the penalty.

Possession of paraphernalia is a Class 2 misdemeanor that is punishable by a maximum sentence of 30 days in prison and a maximum fine of $ 500.

Miscellany

Inhabiting a room where marijuana is used or stored is a misdemeanor that is punishable by a maximum penalty of 1 year in prison and a maximum fine of $ 2,000.

In 2017, the South Dakota legislature enacted the most restrictive and limited state law that recognizes some form of medical value of cannabis. The law (Senate Bill 95) removed cannabidiol from the definition of marijuana and made it a controlled substance in List IV.

In 2018, the FDA approved Epidiolex, an almost pure pharmaceutical extract of cannabidiol, for Lennox-Gastaut and Dravet syndromes, which are a type of epilepsy. Unfortunately, this will not help patients who need some THC to relieve their symptoms, so an effective medical marijuana program is still needed. Nor will it help patients who benefit from other types of CBD products or who have other medical conditions.

Tennessee

Both medical and recreational marijuana are illegal.

Tennessee is one of the 17 states that criminalize patients who use medical cannabis instead of opiates. In addition, Tennessee does not have an electoral initiative process. Only elected officials have the power to modify state law.

On February 7, 2019, Republican lawmakers presented two bills in order to allow medical cannabis in the State: projects SB 486 and HB 637.

Senator Janice Bowling and Tennessee Medical Cannabis Law by Representative Ron Travis want to help patients suffering from about 20 medical conditions, such as cancer, chronic pain, seizures, spasms, opioid addiction and PTSD.

At the beginning of April 2019, before the possibility of a loss of the committee, Senator Steve Dickerson postponed the debate on the issue of medical cannabis bills until 2020.

This delay allows more time for more support. Governor Bill Lee said he needed to study other alternatives before legalizing medical cannabis.

Possession

 Possession of half an ounce (14 grams) of marijuana or less is a misdemeanor criminalized with up to one year in jail and a maximum fine of $ 2,500. If it is the first time the mandatory minimum sentence is $ 250 and a subsequent offense carries a mandatory minimum fine of $ 500. Governor Bill Haslam signed Act HB 1478, which eliminated the provision that made a third conviction for possession of marijuana a serious crime. The law entered into force on July 1, 2016. This amendment reduces the penalty for possession for the third time from one to six years in prison to less than one year in jail. In addition, having a misdemeanor rather than a criminal record for a felony reduces the consequences associated with the conviction.

Cultivation

The cultivation of 10 plants or less is a Class E felony and may involve a jail term of between 1 and 6 years, and a maximum fine of $ 3,000.

The cultivation of between 10 and 19 plants is a Class D felony that may involve a prison sentence of between 2 and 12 years, and a maximum fine of $ 50,000.

The cultivation of between 20 and 99 plants is a serious crime of Class C and may involve a prison sentence of between 3 and 15 years, and a maximum fine of $ 100,000.

The cultivation of between 100 and 499 plants is a serious Class B offense and may involve a prison sentence of between 8 and 30 years, and a maximum fine of $ 200,000.

Cultivation of 500 or more plants is a Class A felony and may involve a jail term of between 15 and 60 years, and a maximum fine of $ 500,000.

Convictions for serious crimes for the first time involve a mandatory minimum fine of $ 2,000.

Convictions for serious crimes for the second time involve a mandatory minimum fine of $ 3,000.

 Any felony conviction that is repeated after the second conviction implies a mandatory minimum fine of $ 5,000.

Paraphernalia

Possession of paraphernalia is a Class A misdemeanor that is punishable by up to 1 year in prison and a fine of between $ 150 and $ 2,500. For a second or subsequent violation, the mandatory minimum fine increases to $ 250.

Hemp

Tennessee has an active hemp industry or has authorized research. Various parts of the plant can be used in the manufacture of textiles, paper, paints, clothing, plastics, cosmetics, food, insulation, animal feed and other products.

CBD

Tennessee passed a medical CBD law to allow the use of cannabis extracts high in CBD and low in THC in those cases in which a doctor has recommended such treatment to a patient with a state-qualified disease.

Texas

Only the CBD is legal.

Despite some minor achievements, the Texas Legislature was postponed without approving any major cannabis reform. During the 2019 legislative session, the state expanded its medical marijuana program with low THC content with the approval of HB 3703. The law added the following qualification conditions: multiple sclerosis, ALS, terminal cancer, autism, spasticity, epilepsy and incurable neurodegenerative diseases. Previously, only patients with intractable epilepsy could be qualified as patients for medical marijuana.

However, the 0.5% limit in THC was not repealed. The low limit on THC is the barrier of the Texas medical marijuana program.

Meanwhile, bill HB 1365, which would have expanded the Texas medical marijuana program approved in the House of Representatives, was unsuccessful in the Senate. Similarly, HB 63, a bill that would have decriminalized marijuana, was passed in the House but also failed in the Senate. Lt. Governor Dan Patrick (Democrat), who acts as president of the Senate, strongly opposed the bill.

Texas launches a medical marijuana program low in THC, but few have access

In early 2018, the first sales of medicinal cannabis low in THC began in Texas, in accordance with the Compassionate Use Program. While the program is surely helping some patients, it has too many failures, is too limited and leaves most patients out.

Initially, only patients who suffered from severe seizures could participate, leaving out a large number of people who have other diseases, such as cancer, post-traumatic stress disorder and many who, otherwise, would have to rely on medicine based of opiates. Although the law improved a bit in 2019, when additional qualifying diseases were added, it still has major failures.

In addition, the law puts doctors at risk because state law requires doctors to write prescriptions for marijuana products, although cannabis prescriptions are illegal at the federal level, putting you at risk of committing a crime to Texas doctors.

 The law only allows cannabis with very low THC. Finally, the state approved only three companies to work with medical cannabis businesses across the state. Each of them serves as a grower, processor and dispensary for patients in Texas. In recent years, legislators have proposed comprehensive programs, but none have succeeded.

The legislature does not meet again until 2021.

Possession

Possession of 2 ounces (57 grams) or less of marijuana is a Class B misdemeanor, which is punishable by up to 180 days in prison and a fine not exceeding $ 2,000.

Possession of between 2 and 4 ounces (57 and 114 grams) of marijuana is a Class A misdemeanor that is punishable by a prison sentence of up to 1 year and a fine not exceeding $ 4,000.

Possession of between 4 ounces (114 grams) and 5 pounds (2.26 kilos) of marijuana is a felony that is punishable by a mandatory minimum penalty of 180 days in prison, a maximum of 2 years in prison and a fine that does not exceed The 10,000 dollars.  

Possession of between 5 pounds (2,267 kilos) and 50 pounds (22679 kilos) of marijuana is a felony that is punishable by a mandatory minimum penalty of not less than 2 years in jail, a maximum penalty of 10 years in prison and a fine not exceeding $ 10,000.

Possession of between 50 pounds (22.6 kilos) and 2000 pounds (907 kilos) of marijuana is a felony of the second degree that is punishable by a mandatory minimum sentence of 2 years in prison, a maximum sentence of 20 years in prison and a fine not exceeding $ 10,000.

 Possession of more than 2,000 pounds (907 kilos) of marijuana is a felony that is punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years and a fine of no more than $ 50,000.

Culture

 The crop in Texas will be punished based on the weight of the plants found. See the “Possession” section for more details on the penalty.

Paraphernalia

Possession of paraphernalia is a Class C misdemeanor, penalized with a fine not exceeding $ 500.

Utah

Only medical marijuana is legal.

After Utah lawmakers passed a medical cannabis commitment law last December, which was driven by a voter-approved medical cannabis voting initiative, state officials have taken the necessary steps to create a Functional program for patients with debilitating health conditions.

At the end of the legislative session earlier this year, Governor Gary Herbert (Republican) signed Law SB 161 in order to make some modifications to the state medical cannabis program, such as prohibiting discrimination against medical cannabis patients in Family court matters.

The Utah Department of Agriculture and Food says that more than 80 farmers have applied for a license to supply medical cannabis for the state. In total, the department can grant up to 10 licenses under current law. The Utah Senate also confirmed seven doctors to serve on the Compassionate Use Board, which is responsible for program supervision. The Utah Patient Coalition has expressed its agreement with the selection.

On November 6, 2018, voters approved Proposition 2, which legalized the use of medical cannabis for qualified patients. The law entered into force on December 1, 2018. However, a special legislative session was convened shortly after. Lawmakers replaced Proposition 2 with a “compromise” bill agreed between the proponents and detractors of Proposition 2 before the elections. The new legislation incorporates stricter restrictions on patient access and a higher level of state supervision. These are some of the details of the law:

Qualifying conditions: HIV, Alzheimer’s disease, amyotrophic lateral sclerosis, cancer, cachexia, persistent nausea that does not respond to traditional treatment (except nausea caused by pregnancy, cannabis-induced vomiting syndrome or cannabinioid hyperemesis syndrome, Crohn’s disease, ulcerative colitis, epilepsy, debilitating seizures, multiple sclerosis, debilitating muscle spasms, post-traumatic stress disorder (provided certain conditions are met), autism, a terminal illness (with six months or less remaining), a disease resulting in an individual receiving palliative care and chronic pain (provided certain conditions are met.) Patients may also ask the “compassionate use board” to become a qualified patient for other conditions.

Patients under 18 may register as qualified patients if they receive approval from the compassionate use board. A parent or guardian must also obtain a “medical cannabis guardian card”. Minor patients cannot enter medical cannabis pharmacies. Patients 18, 19 or 20 must apply for the compassionate card to obtain a patient license.

Possession

Patients are only allowed to possess medical cannabis in single dosage forms in amounts prescribed by their doctor or pharmacist from a state-licensed medical cannabis pharmacy.

The flower of the plant is only allowed in single dose increments contained in blister packs.

Marijuana can also be dispensed in the following forms: tablets, capsules, concentrated oil, liquid suspension, topicals, patches, sublingual preparations and pills.

Patients cannot grow their own medicinal cannabis.

Patients are allowed to possess: a) a one-month supply based on the amount of dose specified by their state-licensed physician or pharmacist at a cannabis medical pharmacy; or b) four ounces of flower or 20 grams of THC.

Access to medical cannabis

Utah Medical Cannabis Law requires that registered patients buy cannabis from medical cannabis pharmacies, which must hire at least one state-licensed pharmacist and can dispense cannabis products only in specific doses according to the patient’s medical needs.

Between seven and 10 pharmacies will be established within the state. Pharmacies cannot sell an amount greater than a 14-day supply to patients based on the assigned dose requirements.

The state will also regulate and authorize cultivation facilities, test facilities and processors. State agencies will establish an electronic monitoring system to track all cannabis products from the point of cultivation to the point of sale to registered patients.

Protections against discrimination

Registered health care providers and patients are protected from criminal and civil liability, provided they comply with the law. Patients cannot be denied access to organ transplants. State employees cannot be disciplined or discriminated against based on their status as a registered patient and their use of medical cannabis in accordance with the law. The law prohibits the courts from considering the legal use of medical cannabis in child custody cases.

Paraphernalia

 Smoking is prohibited by Utah medical marijuana law. The Utah Medical Cannabis Law does not protect people who possess devices that facilitate the combustion of cannabis

Taxes

Medical cannabis products are tax exempt, including state sales tax.

Possession

Possession of less than 1 ounce (28.3 grams) is a class B misdemeanor punishable by a maximum sentence of 6 months in prison and a maximum fine of $ 1000.

In a second conviction, the person is guilty of a class A misdemeanor, and in a third or subsequent conviction, the person is guilty of a third degree felony.

Possession of 1 ounce – 1 pound (from 28.3 grams to 4.5 kilos) is a class A misdemeanor that is punishable by a maximum sentence of 1 year in jail and a maximum fine of $ 2,500.

Possession of 1 pound -100 pounds (between 0.45 and 43.3 kilos) is a felony of the third degree that is punishable by a maximum penalty of 5 years in jail and a maximum fine of $ 5,000.

Possession of 100 pounds (45.3 kilos) or more is a felony of the second degree that is punishable by 1-15 years in jail and a maximum fine of $ 10,000.

Cultivation

Cultivation in Utah will be punished based on the aggregate weight of the plants found. See the “Possession” section for more details on the penalty.

Paraphernalia

Possession of paraphernalia is a class B misdemeanor that is punishable by a maximum sentence of 6 months in prison and a maximum fine of $ 1000.

Vermont

Both recreational and medicinal marijuana are legal.

Indeed, both recreational marijuana and medical marijuana are legal in this state. However, Vermont has a fairly “sui generis” legality, if not absurd. Now we will see it.

As of July 1, 2018, Vermont eliminated all state penalties for adults who possess small amounts of marijuana. Marijuana is legal for adults who are at least 21 years old.

What are the limits of possession under the law?

Adults over 21 can consume up to an ounce (28 grams) of marijuana.

If people decide to grow their own marijuana, they will be allowed two mature marijuana plants and four immature marijuana plants per housing unit.

Plants should be in a safe place and protected from public view. Marijuana harvested from plants does not count towards the limit of one ounce, as long as it is stored in the cultivation place, in an indoor place, and precautions are taken to prevent unauthorized access to marijuana.

Where can we grow marijuana?

 The law provides for the cultivation of marijuana at home or as something that occurs in the home if the owner has written permission. And owners can ban marijuana altogether as part of a lease.

Can people be arrested for marijuana crimes?

 Yes. People convicted of possession of more than one ounce of marijuana, or more than two mature and four immature plants, can be imprisoned for up to six months and fined $ 500. In the case of a second offense, the penalties rise to two years in prison and a fine of $ 2,000.

People can be sentenced to three years in prison and a $ 10,000 fine if they are found guilty of having two ounces of marijuana, and the penalties continue to increase successively for larger amounts.

Any person who provides marijuana to a person under the age of 21, or who allows it to be used can be imprisoned for up to two years and fined $ 2,000. The penalties increase to five years and $ 10,000 if the minor causes death or serious injury while driving after using marijuana. Any person injured as a result can sue for damages.

It is a misdemeanor to use marijuana in a car with a child that is punished with fines starting at $ 500 and the withdrawal of two points on the driver’s license. The use of marijuana is prohibited in any street, alley, park or sidewalk, in addition to the usual smoke-free places such as hotel rooms, restaurants, workplaces and shops. Tourists outside of Vermont have it complicated to consume cannabis.

Driving under the influence of cannabis remains illegal and neither drivers nor passengers can use marijuana in a vehicle. Any person who is in a vehicle with an amount of marijuana that is not tightly stored in a container can be sanctioned with a fine of $ 200. It is not allowed to use or grow marijuana in a child care center.

Is it legal to buy marijuana in Vermont?

At the beginning of this section we said that Vermont’s laws can be very absurd. Let’s see why.

Is it legal to buy marijuana in Vermont? No, unless you are a registered patient of medical marijuana, in which case you buy marijuana in a clinic. Vermont’s law does not say how people will buy marijuana for recreational use if they do not already have it. Isn’t it absurd?

People are probably allowed to give marijuana, seeds or plants to each other as gifts. It seems surreal that Vermont is still considered a regulated marijuana market.

Governor Scott made it clear that he opposes any other discussion about the regulation of marijuana, at least until the end of the year, when his marijuana commission reports on education, prevention and road safety.

Virginia

Only the CBD is legal.

The 2019 legislative session was held on February 23. Although the legalization and decriminalization bills were presented in the previous session, these bills were rejected in the committee.

With the growing support of elected officials, the approach may change in 2020. In June, Attorney General Mark Herring presented an opinion piece to the Daily Press in which he requested decriminalizing the possession of small amounts of marijuana, addressing past convictions and starting to move towards legal and regulated use for adults.

Soon after, lawmakers from both parties, including Senate Majority Leader Tommy Norment (Republican), also supported decriminalization. Governor Ralph Northam also pressured the decriminalization of marijuana in his 2019 Commonwealth State speech.

Surveys show that almost eight out of 10 Virginia residents support the replacement of criminal convictions with a fine, and 62 percent are in favor of ending the ban on marijuana altogether. Virginia approves a quasi-medical marijuana law.

Virginia approves a quasi-medical marijuana law

During the 2018 session, Virginia lawmakers greatly extended a 2017 law that allowed patients suffering from intractable epilepsy to use some types of cannabis oil with a doctor’s certification. On March 9, 2018, Governor Ralph Northam signed bill HB 1251, which states that doctors can recommend CBD or THC-A cannabis oil for any condition. Patients may possess the oil if they meet the requirements of the state of at least 15% CBD or THC-A and not more than 5% THC, and they have their doctor’s recommendation.

The law was further extended during the 2019 session with the approval of Bill SB 1557. As of July 1, 2019, medical assistants and licensed nurse practitioners would also be authorized to issue a written certification for the CBD oil and THC-A. In addition, the bill requires the board to enact regulations to establish dose limitations, which would require that each dispensed dose of CBD and THC oil not exceed 10 milligrams of THC.

Registration applications for patients, parents / legal guardians and doctors are now available through the Pharmacy Board. THC-A and CBD oil will be produced and sold in Virginia only by specially licensed businesses called “pharmaceutical processors.” Applications to become a pharmaceutical processor were open until June 8, 2018 and a non-refundable application fee of $ 10,000 was required. The Board of Pharmacy has issued a conditional approval to five pharmaceutical processors to produce and dispense these oils.

Laws against possession

Less than 1/2 ounce (14 grams) for the first time. It is a misdemeanor involving 30 days in jail and $ 500 fine.

Less than 1/2 ounce (recidivism). Misdemeanor punished with 1 year in jail and a fine of $ 2,500.

Have hash oil. Crime punishable by 1 – 10 years in jail and a fine of $ 2,500.

Bringing more than 1 ounce (28 grams) of hash oil to the state is a crime punishable by 5 – 40 years in jail and a fine of $ 10,000,000.

Paraphernalia

Sale or possession with the intention of selling. It is a misdemeanor punished with 1 year in jail and a fine of $ 2,500

West Viginia

Only medical marijuana is legal.

On April 19, 2017, Governor Jim Justice signed the West Virginia medical cannabis bill, SB 386.

Unfortunately, the launch of the program is successful because of concerns about who will provide banking services to the state’s medical cannabis program and medical cannabis companies. The southern district attorney of the US The US, Mike Stuart, has exaggerated the problem by threatening to prosecute companies that work with medical cannabis.

Trying to find a solution to the problem, in 2019, the legislature passed HB 2538, a bill that will allow credit unions to bid on behalf of the state and will seek to protect state employees from being involved in trials. Governor Justice signed this bill.

The legislature also passed HB 2079, a bill that would allow the integration of dispensaries and even increase the number of dispensaries to 100. However, Governor Justice vetoed this bill.

But the legislature passed a very similar bill, SB 1037, during a special session in May, and on this occasion Governor Justice signed it on May 29, 2019.

However, West Virginia continues to prohibit patients from obtaining cannabis in its natural dried flower form, which increases costs.

An advisory board responsible for making policy recommendations began meeting in August 2017. It has already recommended allowing cannabis in the form of dried flowers.

Possession  

Possession of any amount of marijuana is a misdemeanor that is punishable by imprisonment never less than 90 days, nor more than 6 months and a fine of more than 1000 dollars. There is probation for the first offense of possession of less than 15 grams of marijuana. For a first possession charge related to drugs, the court may grant parole to the offender.

Cultivation

The crime of cultivation in West Virginia is decided based on the weight of the plants. If you have many plants, you are supposed to sell some, which could imply a mandatory jail sentence.

If you only have a few plants, the crime can be classified as possession and be considered as a simple misdemeanor, which is punishable by a penalty of 3 to 6 months in prison and a fine of $ 1000, if not the first time.

West Virginia probation means that those arrested for the first time can only face probation.

The most important thing about growing marijuana in West Virginia is not getting caught, and if they do, you have to show that you are not a drug dealer. The best way to do this is to grow small amounts.

Washington

Both medical and recreational marijuana are legal.

Initiative 502 legalized the use of marijuana for adults. However, there are still a number of restrictions. It is important to consider the following laws:

Age limit: Only adults over 21 can buy and own marijuana.

 Purchase limits: adults 21 years and older can buy up to one ounce (28 grams) of dried marijuana flowers, 16 ounces (453 grams) of edibles infused with marijuana in solid form, 72 ounces (2041 grams) in liquid form and 7 grams of marijuana in concentrate format.

Buy and sell

 Marijuana can only be sold and purchased at retail stores licensed by the state. An identity card with an updated photo is required and entry and purchase to children under 21 years of age is not allowed in commercial premises. Many marijuana retail stores only accept cash.

Public use: it is illegal to consume marijuana in public.

Driving: It is illegal to drive under the influence of marijuana if you have more than 5 nanograms of active THC per milliliter of blood. Doing so may result in significant legal sanctions.  Travel: it is illegal to consume marijuana outside of Washington. Doing so may result in legal penalties.

Cultivation

Although possession of small amounts of cannabis is legal in Washington, it is not allowed to grow it unless you are a medical user or a state-licensed producer. Recreational users cannot grow their own cannabis under Washington law.

On the other hand, a medical marijuana patient in Washington can legally grow a limited number of plants for medicinal use. Under the written recommendation of a doctor, a person with a specific medical condition can grow up to six plants for their own medicinal use. No more than 15 plants can be grown in a single housing unit (such as a house, mobile home or apartment), even if several medical marijuana patients live together.

Wisconsin

Neither medical marijuana nor recreational marijuana is legal.

In the first budget of Governor Tony Evers as governor a progressive vision was included with the intention of improving Wisconsin marijuana laws. The governor proposed eliminating all sanctions for possession of cannabis, elimination of criminal records and a comprehensive medical cannabis program.

 However, the legislature has proved too retrograde to the times we live in. The Joint Finance Committee eliminated the provisions of medical cannabis from the proposed budget. Republicans voted against the compassionate program.

Senate Majority Leader Scott Fitzgerald (Republican) opposes medical cannabis, and although Assembly President Robin Vos (Republican) claimed to be open to medical marijuana when prescribed by a doctor, he states that the position of Evers goes too far.

Meanwhile, in November 2018, one million voters wanted more human marijuana laws to be included at the polls. More than half of the state’s population approved questions related to medical cannabis.

Questions about medical cannabis received between 67% and 89% approval in the 11 counties and two cities where they appeared. Questions about the use of adults obtained the approval of between 60% and 76% of the votes.

Possession

Any amount (first offense) is a misdemeanor punishable by 6 months in prison and a fine of $ 1000. Possession of any amount (recidivism) is a crime that is punishable by 3.5 years in jail and a fine of $ 10,000.

Cultivation

4 floors or less. Crime punishable by 3.5 years in prison and a fine of $ 10,000.

4 – 20 plants. Crime punishable by 6 years in jail and a fine of $ 10,000.

20 – 50 plants. Crime that is punishable by 10 years in jail and a fine of $ 25,000.

50-200 plants. Crime that is punishable by 12.5 years in jail and a fine of $ 25,000.

More than 200 plants. Crime punishable by 15 years in jail and a fine of $ 50,000.

The driver’s license can be suspended for 6 months to 5 years.

Wyoming

Both medical marijuana and recreational marijuana are illegal.

Wyoming is far behind other states when it comes to marijuana policies.

In fact, Wyoming is one of 18 states without an effective medical marijuana law.

62% of Wyoming citizens want the state to stop imprisoning people for possession of small amounts of marijuana However, the Wyoming Legislature continued to attempt to increase marijuana sanctions in the 2018 session.

During the 2018 session, the Senate voted to consider the Senate Archive 23, sponsored by the Joint Judicial Committee. The bill ended unsuccessfully in the House after being approved by the Senate.

The project wanted to set the threshold for a felony charge, for mere possession of marijuana, in three grams of concentrate, three ounces of groceries (same as the threshold for cannabis flower), or 36 ounces of liquids (such as infused sodas ).

This is too low, since other substances influence the weight of the marijuana product. For example, a tray of marijuana brownies could easily weigh a pound (0.45 kilos)) and contain only 1/8 of an ounce of dried marijuana flower since the rest is chocolate, sugar, flour, etc.

The legislature has debated this threshold for years. Instead of giving citizens criminal records that would have a huge negative impact on their lives, the legislature should consider more sensible policies.

Wyoming does allow the use of CBD oil but does not provide legal means of access within the state. Three bills were considered in 2017 that would have extended this very limited protection, but none prospered. Allowing only seizures to be treated under Wyoming law leaves many patients out.

In addition, many patients who qualify as potential medical cannabis patients need higher THC levels than currently allowed.

Possession

People under the influence of cannabis. It is a misdemeanor that is punishable by 6 months in jail and a fine of $ 750.

3 ounces (85 grams) or less. Misdemeanor punished with 12 months in jail and a fine of 1000 dollars.

More than 3 ounces (85 grams). Crime punishable by 5 years in jail and a fine of $ 10,000.

Possession of cannabis within a distance of 500 feet (150 meters) from a school is punishable by an additional fine of $ 500.

Cultivation

The cultivation of any amount is a misdemeanor punished with 6 months in jail and a fine of 1000 dollars.

Possession of paraphernalia is punishable by 6 months in jail and a fine of $ 750.

A third or subsequent offense for possession of more than 3 ounces (85 grams) is punishable by a maximum of 5 years in prison, a maximum fine of $ 5,000, or both.

Hemp

 This state has an active hemp industry or has authorized research.

MEDICAL CBD

This state passed a medical CBD law that allows the use of cannabis extracts high in CBD and low in THC in cases where a doctor has recommended such treatment to a patient with a condition qualified by the state.

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