First, the good news. Believe it or not, there is one state in the Union that has legalized the possession of marijuana. Do you know which one? Give up? It’s Alaska. Because their state constitution guarantees a right to privacy, the state’s courts have upheld the decision that personal possession cannot be a crime. Too bad the U.S. Constitution doesn’t guarantee the same right to privacy.
In the rest of the country, possession of marijuana is either a civil offense (i.e., decriminalized) or a misdemeanor, depending on the amount. The following states have essentially decriminalized marijuana:
CA – less than 1 oz. no arrest | CO – less than 1 oz. petty offense |
GA – less than 1 oz. probation | ME – less than 1.25 oz. civil violation |
MA* – less than 1 oz. civil offense | MS – less than 1 oz. no arrest |
NE – less than 1 oz. civil citation | NV* – less than 1 oz. rehab |
NY* – less than 25 g civil citation | OH* – less than 100 g minor misdemeanor |
TX – less than 2 oz. class B misdemeanor |
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If you live anywhere else in the U.S. and are arrested for simple possession you could potentially spend up to 1 and a half years in prison for a misdemeanor conviction and pay thousands of dollars in fines. Those states are:
AL | AZ* | AR* | CT | DE* |
DC | Federal* | HI | ID* | IL |
IN* | IA | KS* | KY* | LA* |
MD | MI* | MN | MO* | MT* |
NH* | NJ* | NM* | NC* | ND |
OK* | OR* | PA* | RI | SC |
SD | TN* | UT* | VT* | VA* |
WA* | WV* | WI | WY |
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And don’t get caught in Puerto Rico, as possession of any amount there is a felony.
What this means is that in most states, if you are convicted of simple possession you may or may not go to jail. But whether you’re incarcerated or not, you will have a criminal record with a misdemeanor conviction on it.
And I bet you’re wondering what all those asterisks mean. Those indicate states in which the penalty for possession of paraphernalia is as severe, or in some cases, worse than for possession of marijuana. Take Ohio for example—outside of Alaska one of the most tolerant states when it comes to marijuana. You can be convicted of possessing up to 100 grams (that’s 3.5 oz.) and receive a maximum fine of $100 with no criminal record. But if you are convicted for possession of paraphernalia, you could receive up to 30 days in jail, a fine of up to $750, and a criminal record.
Since our government is so concerned about the messages they are sending when it comes to recreational drug use, what kind of message are they sending our children with these laws? In the states where possessing paraphernalia is a more serious offense than possessing marijuana, I think the message is quite clear. If you’re going to smoke, don’t use a bong. Or a vaporizer, or a pipe, or anything like that. Yes, your government is telling you that smoking joints is the preferred method of getting high. Or using a soda can, or a pen, or a plastic bottle, or an apple, or a piece of aluminum foil. As long as you don’t go out and buy something specifically made for smoking marijuana, you’re OK. Message received, loud and clear. And understood. Bongs bad, joints good.
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