Recreational marijuana has been legalized in 24 states, with medical marijuana authorized in 39 states. However, some states continue to enforce harsh and archaic marijuana laws.
Among the 26 states that haven’t legalized recreational marijuana, how each handles their marijuana possession laws varies drastically. Some impose a simple fine, similar to a traffic ticket, while others include months or years of jailtime for possessing even small amounts.
With that in mind, listed below are the states with the harshest marijuana laws.
Alabama
In Alabama, possession of any amount of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $6,000. Cultivation or sale of marijuana is a felony, with penalties ranging from two to 20 years in prison and fines up to $30,000. Although the state has a medical marijuana program, its rollout has been slow, and as of June 2022, there were no certified doctors, licensed dispensaries, or legal cannabis cultivation in operation.
Wyoming
Possession of up to three ounces of marijuana in Wyoming is a misdemeanor, carrying penalties of up to six months in jail and a $750 fine. Possessing more than three ounces is a felony, punishable by up to five years in prison and a $10,000 fine. The state does not have a medical marijuana program, and all forms of cannabis remain illegal.
South Dakota
South Dakota enforces strict marijuana laws, with possession of any amount of edibles, hash, or concentrates classified as a Class 5 felony, punishable by up to five years in prison and a $10,000 fine. While medical marijuana became legal on July 1, 2021, following a ballot initiative, recreational marijuana remains illegal after a 2020 amendment was struck down as unconstitutional.
Tennessee
In Tennessee, possession of up to half an ounce of marijuana is a misdemeanor, punishable by up to one year in jail. Possession of larger amounts is presumed to be for sale and is classified as a felony, with penalties of up to six years in prison. Cultivation of up to 10 plants is also a felony, carrying a maximum sentence of six years, with harsher penalties for larger operations. The state has a limited medical program that allows only low-THC CBD oil for certain medical conditions.
Idaho
Idaho maintains some of the strictest marijuana laws in the nation. Possession of up to three ounces is a misdemeanor, punishable by up to one year in jail and a $1,000 fine. Possessing more than three ounces is a felony, with penalties of up to five years in prison. Cultivation of any amount is also a felony, punishable by up to five years in prison. The state does not permit medical or recreational marijuana use, and even CBD products are heavily restricted.
Georgia
In Georgia, possession of any amount of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. A second offense is considered a felony, carrying harsher penalties. The state has a limited medical marijuana program that permits the use of low-THC oil for specific medical conditions; however, access remains highly restricted.
Kansas
Kansas enforces strict marijuana laws, where possession of any amount is a Class B misdemeanor, punishable by up to six months in jail and a maximum fine of $1,000 for a first-time offense. A second offense is a Class A misdemeanor, and a third offense is a felony, leading to more severe penalties. The state does not have a medical marijuana program, maintaining a firm stance against legalization.
Indiana
In Indiana, possession of any amount of marijuana is a misdemeanor, with penalties of up to 180 days in jail and a fine of up to $1,000. Subsequent offenses or possession of larger amounts can result in felony charges, leading to longer prison sentences and higher fines. The state does not permit medical or recreational marijuana use.
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