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State Laws With Alternatives to Incarceration for Marijuana Possession

Amount
Year Law First Offense Subsequent Classification for
State
Passed
of Marijuana the Penalty Offense Penalties First Offense
Citations Other Information
Policy Applies To
One ounce, six plants, No penalty for In 2014, voters approved Ballot Measure 2, to legalize, regulate,
No penalty for those N/A for adults 21 Alaska Stat. §
Alaska 2014 marijuana from those those 21 and and tax marijuana for adult use. It did not change penalties for
21 and older and older 17.38.020
plants older those under 21 or allow public use.
Adults 21
and older: no
2016 (legal penalty; ages
28.5 grams (about
for adults 18-20: $100 N/A for adults 21 Cal. Health & Regulated adult-use marijuana sales began in early January
an ounce) or less; six Same as first
California 21 and up); fine; minors: and up; infraction Safety Code § 2018. It remains illegal to use marijuana in public (other than in
plants, and marijuana offense
1976 and counseling, for others 11362.1, §11357 licensed cannabis cafés) or to have an open container in cars.
from the plants
2010 community
service, drug
education
For adults 21 and
2012 (legal older: no penalty for Colorado
No penalty for
for adults up to one ounce, six N/A for adults 21 Constitution
adults 21 and In 2012, voters approved Amendment 64, to legalize, regulate,
21 and up); plants, and marijuana and up; Criminal Article XVIII,
Colorado older; $100 fine No penalty and tax marijuana for adults’ use. It does not allow public
1975 and from the plants For class 2 petty Section 16; C.R.S.
for those under consumption.
2010 (fining those under 21: fine offense for others § 18-18-406
21
possession) applies to up to two (1)-(3)
ounces
$150 fine;
$200-$500 fine
minors under 21
Less than half an and drug awareness C.G.S.A. §
Connecticut 2011 also lose their Civil violation The burden of proof is preponderance of the evidence.
ounce counseling for a 21a-279a
driver’s license
third offense
for 60 days
Same as first
offense for those Possession of marijuana paraphernalia is also decriminalized.
$100 civil fine if Del. Code Ann.
Delaware 2015 One ounce or less 21 and older; $100 Civil violation Possession of marijuana by individuals under 18 is punishable
18 or older Title 16 § 4764
criminal fine for by a $100 criminal fine.
people 18-20
For adults 21 and
older: Up to two
ounces outside the
No penalty for
home, plus six plants N/A for adults
adults 21 and D.C. Official Code Parental notification is also required for minors. In November
District of and the marijuana Same as first 21 and older;
2014 older; $25 fine §§ 48-904.01 & 2014, voters approved Initiative 71, which legalized personal
Columbia from the plants at offense civil violation for
for those under 48-1203 possession and cultivation of marijuana for adults 21 and older.
home others
21
For those under 21:
fine applies to up to
one ounce
Same as first
Hawaii 2019 Three grams $130 Non-criminal H.R.S. 712-1249 The effective date is January 11, 2020.
penalty
Residents: 30
grams, five grams
2019 (legal Not yet codified, Legalization takes effect on January 1, 2020. For minors — and
concentrates, No penalty for
for adults N/A for adults 21 Sec. 10-10 of for adults until then — possession of up to 10 grams of cannabis
Illinois products with up to adults 21 and Same
21 and up); and older Public Act 101- is punishable by a $100-200 fine. The legalization law also
500 mg THC; Non- older
2016 0027 decriminalizes cultivation of up to five plants.
residents: half those
amounts

Disclaimer: This chart is not intended for or offered for legal advice. It is for informational and educational purposes only. Please consult with an attorney licensed to practice in the state in question for legal advice.
Year Law Amount of Marijuana First Offense Subsequent Offense Classification for
State Citation Other Information
Passed the Policy Applies to Penalty Penalties First Offesnse

No penalty for
2016 (legal
adults 21 and N/A for adults
for adults 2.5 ounces; six 7 M.R.S.A. §2452; In 2016, voters approved Question 1 to legalize, regulate, and
older; those Same as first 21 and up; civil
Maine 21 and up); plants and marijuana 22 M.R.S.A. § tax marijuana for adult use. It remains illegal to use marijuana
under 21: offense violation for
1976 and from the plants 2383 in public.
$350 - $1,000 others
2009
fine
Second offense:
$250 fine; third
and subsequent
Minors will always be referred to mandatory drug education
offenses: $500 fine, Md. Code Ann.,
and an assessment for substance abuse treatment. Additional
Maryland 2014 Less than 10 grams $100 fine mandatory drug Civil offense Crim. Law §
penalties similar to minors in possession of alcohol may be
education, and an 5-601.1
imposed as well.
assessment for
substance abuse
treatment
Adults 21 and
2016 (legal older: no penalty;
One ounce; six plants, N/A for adults M.G. L.A. 94G, In 2016, voters approved Question 4, to legalize, regulate, and
for adults ages 18-20: Same as first
Massachusetts and marijuana from 21 and up; civil Section 7; 94C § tax marijuana for adult use. It remains illegal to use marijuana in
21 and up); $100 fine; offense
the plants offense for others 32L-32N public or to have an open container in cars.
2008 minors: fine, drug
awareness class
Voters approved Prop. 1 in 2018 to legalize, regulate, and
2.5 ounces, six No penalty for
No penalty for those N/A f or adults 21 tax marijuana for adults 21 and older. Possession by those
Michigan 2018 plants, and marijuana those 21 and
21 and older and older under 21 remains a crime and the law does not allow public
from the plants older
consumption.
$300 fine,
participation in a A police officer may arrest someone without a warrant “when a
42.5 grams (about Same as first Criminal petty M.S.A. § 152.027
Minnesota 1976 drug education public offense has been committed or attempted in the officer’s
1.5 ounces) or less offense misdemeanor (4)
program unless presence.”
exempted
Second conviction
within two years Civil summons
Offenders who provide proof of identity and agree in writing
– $250 fine and (first or second);
30 grams (a little Miss. Code Ann. to appear in court are not subject to arrest. The Bureau of
5-60 days jail, criminal
Mississippi 1977 more than an ounce) $100-$250 fine § 41-29-139 (c) Narcotics maintains a record of first and second convictions, but
plus counseling; misdemeanor
or less (2) the record does not constitute a criminal record, and the record
third conviction (third conviction
of each conviction is expunged after two years.
in two years is a within two years)
misdemeanor
Up to one year in jail Class D A person can be arrested, but cannot be sentenced to jail, for
$250 to $1000 Mo. Rev. St.
Missouri 2014 Up to 10 grams and a fine of up to misdemeanor (an simple possession of up to 10 grams of cannabis. A conviction
fine §579.015
$2,000 infraction) still creates a criminal record for those convicted.
Second conviction:
Civil infraction
$300 fine $400 fine, up to five The first offense is an infraction. A citation is issued in lieu of
(first); criminal
and a course days in jail; third Neb. Rev. Stat. § arrest or continued custody. A citation is also issued for second
Nebraska 1978 One ounce or less misdemeanor
if judge deems conviction: $500 28-416 (13) and third convictions, and thus, they are also not arrestable
(second and
appropriate fine, up to seven offenses.
third)
days in jail
No penalty for
Second conviction:
adults 21 and
One ounce; for those up to $1,000 fine
2016 (legal older; under 21: N/A for adults 21
living 25 miles from and treatment; Question 2 § 6; In 2016, voters approved Question 2, to legalize, regulate, and
for adults up to a $600 and up; criminal
Nevada retailers: six plants, subsequent N.R.S. tax marijuana for adults’ use. It remains illegal to use marijuana
21 and up); fine, in some misdemeanor for
and marijuana from penalties include § 453.336 (4) in public (other than in licensed cannabis cafés).
2001 circumstances, others
the plants possible jail
treatment and
sentences
rehabilitation
Year Law Amount of Marijuana First Offense Subsequent Offense Classification for
State Citation Other Information
Passed the Policy Applies To Penalty Penalties First Offense

Second offense:
$100 civil fine; third
Adults: $100 The policy also applies to five grams of hashish and marijuana-
offense: $300 civil
New fine; Minors: infused products containing up to 300 mg of THC, if they were
2017 ¾ ounce fine; fourth offense Civil violation RSA 318-B:2-c
Hampshire determined by purchased from states where they were legally sold and are
within three years:
juvenile court stored in the properly labeled, child-proof containers.
up to a $1,200
criminal fine

Same as first
New Mexico 2019 Half an ounce or less $50 fine Non-criminal NMSA § 30-31-23 The effective date is July 1, 2019.
penalty

N.Y. Pen Law


§§221.05 &
In 2019, the legislature closed a “public view” loophole that had
221.10, Criminal
1977, been used to continue to arrest tens of thousands of individuals,
Same as first Procedure Law
New York expanded in One ounce $50 fine Non-criminal disproportionately people of color. It also reduced the fine.
penalty §§1.20, 440.10
2019 Possession of more than an ounce is now punishable by a $200
& 160.50, Public
fine.
Health Law
§1399-n
Second to fifth
offenses: up to
Up to a $200 $200 fine, 0-15 days
Criminal Any sentence of imprisonment imposed must be suspended and
North fine, possible in jail, suspended; N.C.G.S.A. § 90-
1977 A half ounce or less misdemeanor the judge may not require that the defendant serve a period of
Carolina suspended on sixth offense, 95 (d)(4)
(Class 3) imprisonment as a special condition of probation.
sentence up to 20 days in
jail, suspended at
judges’ discretion
Third infraction
For adults 21
within a year may Paraphernalia is also decriminalized. The law classifies
and older: ND Cent. Code
North Dakota 2019 Up to half an ounce become Class B Infraction consumption of marijuana by a person under the age of 21 as a
Infraction, up to 19-03.1-23
misdemeanor, with Class B misdemeanor.
$1,000 fine
up to 30 days in jail
Although a law enforcement officer is authorized to arrest a
1975, Minor person for a minor misdemeanor, the law states the officer shall
Less than 100 grams Same as first O.R.C. §
Ohio expanded in $150 fine misdemeanor, issue a citation instead, unless the offender doesn’t produce ID,
(about 3.5 ounces) offense 2925.11(c)(3)
2012 non-criminal won’t sign the citation, or presents a health/safety risk. A minor
misdemeanor violation does not constitute a criminal record.
For adults 21 and
2014 No penalty for
older: no penalty for
(legal for adults 21 and N/A for adults
up to eight ounces, In 2014, voters approved Measure 91 to legalize, regulate, and
adults 21 older; $650 Same as first 21 and older; OR Rev. Stat §
Oregon four plants tax marijuana for adults’ use. It remains illegal to use marijuana
and older); presumptive fine offense civil violation for 475.864
For those under 21: in public.
1973 (fining for those under others
fine applies to less
possession) 21
than one ounce
$150 fine for Third conviction
those 18 or within 18 months
Penalties for minors vary based on age and may include an
older; individuals — misdemeanor,
R.I. Gen. Laws § appearance in family court, substance abuse treatment, and a
Rhode Island 2012 One ounce or less 17 and under punishable Civil offense
21-28-4.01 fine. Civil violations for marijuana possession will not be grounds
face various by $200-500 fine
for revocation of parole or probation.
possible and/or six months
sanctions jail
2018 (legal For adults, no In 2018, the legislature approved a law allowing adults to
For adults, no N/A for adults 21
for adults One ounce or less; up penalty; if under 18 V.S.A. § cultivate and possess limited amounts of marijuana. It does not
Vermont penalty; if under 21, and up; infraction
21 and up), to five grams of hash 21, generally 4230a–b include sales. It remains illegal to use marijuana in public or to
generally diversion for others
2013 diversion have an open container in cars.
Effective July 1, 2020. Also reduces possession with intent to
Same as first Code of Virginia distribute convictions by creating a rebuttable presumption that
Virginia 2020 One ounce or less $25 fine Civil offense
offense 18.2-250.1 a person possessing no more than one ounce possesses it for
personal use.
Year Law Amount of Marijuana First Offense Subsequent Offense Classification for
State Citation Other Information
Passed the Policy Applies To Penalty Penalties First Offense

N/A for those 21 In 2012, voters approved I-502 to legalize, regulate, and
2012 Allows adults 21 and No penalty for
No penalty for those and older; RCW 69.50.325- tax marijuana for adults’ use. The law does not allow public
Washington (Initiative older to possess up to those 21 and
21 and older misdemeanor for 69.50.359 consumption or home cultivation. Possession by those under 21
502) one ounce older
those under 21 remains a crime.

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