The 5 States With the Harshest Marijuana Laws

With so many states legalizing marijuana, it can cause whiplash when examining some of the harshest state-level marijuana laws.

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There are 24 states with legal recreational marijuana, and 38 states that have legalized medical marijuana. Despite such widespread reform, some states retain harsh marijuana laws first established decades ago.

That said, below are the five states with the harshest marijuana laws (in no particular order):

Alabama

Possession of even a minuscule amount of marijuana in Alabama is punishable by a misdemeanor, carrying penalties of up to a year in jail and a fine of up to $6,000.

If someone is caught growing a single plant or selling a single gram, they face a felony charge with a mandatory minimum sentence of two years in prison and a potential maximum of 20 years. Additionally, these charges carry a fine of up to $30,000.

Wyoming

In Wyoming, possessing three ounces or less of marijuana, or any number of plants for personal use, is considered a misdemeanor punishable by up to six months in jail and a fine of up to $750.

Possession of more than three ounces escalates the charge to a felony, which carries penalties of up to five years in prison and a fine of up to $10,000.

South Dakota

Possessing up to two ounces of marijuana in South Dakota is a misdemeanor with a maximum fine of $2,000 and a maximum jail sentence of one year. Is possessing over two ounces, charges go as follows:

  • Two ounces to half a pound: Felony with up to two years in prison and a fine of up to $4,000
  • Half a pound to one pound: Felony with up to five years in prison and a fine of up to $10,000
  • One pound to 10 pounds: Felony with up to 10 years in prison and a fine of up to $20,000
  • Over 10 pounds: Felony with up to 15years in prison and a fine of up to $30,000

When it comes to hash and other marijuana concentrates, possessing even a tenth of a gram is a felony with a mandatory minimum sentence of one years in prison and a maximum sentence of 10 years.

Tennessee

In Tennessee, marijuana laws are structured as follows:

  • Possession of up to half an ounce is considered a misdemeanor, punishable by up to a year in jail.
  • Possession of more than an ounce is presumed for sale and is classified as a felony, punishable by up to six years in jail
  • Cultivating up to 10 plants is also a felony, carrying a maximum sentence of six years. However, the potential maximum sentence increases to 60 years in prison depending on the number of plants a person is caught cultivating.

Idaho

Possessing up to three ounces is a misdemeanor, punishable by a maximum of one year in jail and a $1,000 fine. Possessing more than three ounces but less than a pound is a felony, with penalties of up to five years in prison.

Possession of over a pound is automatically considered “with intent to distribute”, a felony that carries a maximum sentence of one year in prison. Cultivating any amount is also a felony, punishable by up to five years in prison.

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