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Marijuana Possession Laws by State

By Jeff Burtka, Esq. | Legally reviewed by Bridget Molitor, JD | Last updated
Legally Reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Marijuana laws are varied and complex in the United States. Most states have legalized medical marijuana, and marijuana decriminalization and legalization are becoming more common every year. Penalties can range from a small fine to several years in prison.

If you use marijuana for recreational or medical purposes, it is important to know what the laws are in your state. Here is an overview of state-specific laws for possession of marijuana for recreational and medical use, including penalties for violating state law. If you are using mobile, please scroll to the right for more information.

State Statutes (Laws) Is Medical Marijuana Possession Legal? Is Recreational Marijuana Possession Legal? Penalties for Possession Misdemeanor Possession Felony Possession
Alabama Yes – legalized on May 17, 2021, but won’t be available for at least a year. Legal only to treat specific medical conditions.
No
  • Any amount for personal use: Up to 1 year in jail, $6,000 fine
  • Any amount for personal use (second or subsequent offense): 1-5 years in jail, up to $7,500 fine
  • Any amount for non-personal use: 1-10 years in jail, up to $15,000 fine
Any amount for personal use
  • Any amount for non-personal use
  • Any amount for personal use after a previous conviction for unlawful possession of marihuana
Alaska Yes – up to 1 oz and 6 marijuana plants, of which only 3 may be mature Yes – less than 1 oz, must be 21 years old
  • More than 1 oz: Up to 1 year in jail, up to $25,000 fine
 1-4 oz 4 oz or more
Arizona Yes – up to 2.5 oz of usable marijuana in a 14-day period Yes – up to 1 oz, must be 21 years old
  • 1-2.5 oz: $300 fine
  • 2.5 oz – 2 lb: 6 months to 1.5 years and $150,000 fine
  • 2-4 lb: 9 months to 2 years and a $150,000 fine
  • 4 lb or more: 1.5 to 3 years and a $150,000 fine
 No misdemeanor for adults over 21; Individuals under 21 can fact a misdemeanor for a third offense. 2.5 oz or more
Arkansas Yes – up to 2.5 oz in a 14-day period No
  • Less than 4 oz: Up to 1 year, up to $2,500 fine
  • 4 oz-10 lb: Up to 6 years, up to $10,000 fine
  • 10-25 lb: 3 to 10 years, up to $10,000 fine
  • 25-100 lb: 5 to 20 years, up to $15,000 fine
  • 100-500 lb: 6 to 30 years, up to $15,000 fine
 Less than 4 oz
  • 4 oz or more
  • 1-4 oz if 4 or more previous possession of marijuana convictions
California Yes – no limit but must be consistent with the patient’s needs Yes – up to 28.5g and up to 6 plants, must be 21 years old More than 28.5g: Up to 6 months, up to $500 fine More than 28.5g No felony marijuana possession in California
Colorado Yes – 2 oz of usable marijuana, up to 6 plants, of which only 3 may be mature Yes – up to 1 oz, up to 6 plants, of which only 3 may be mature. Must be 21 years old.
  • 1-2 oz: Drug Petty Offense punishable by up to $100 in fines
  • Open/Public Display or Use of 2 oz or Less: Drug Petty Offense punishable by up to $100 in fines and up to 24 hours of community service
  • 2-6 oz: Level 2 Drug Misdemeanor punishable by up to 1 year in jail and up to $750 in fines
  • 6-12 oz: Level 1 Drug Misdemeanor punishable by up to 18 months in jail and up to $5,000 in fines
 More than 2 oz No felony marijuana possession in Colorado
Connecticut  Yes – one-month supply Yes – up to 1.5 oz or up to 5 oz stored at home in a locked container or the locked glove box of your vehicle. Must be 21 years old.
  • Less than 1/2 oz (first offense): $150 civil penalty
  • Less than 1/2 oz (subsequent offense): $500 civil penalty
  • 1/2 oz or more: Class A Misdemeanor punishable by up to 1 year imprisonment and up to a $2,000 fine
 1/2 oz or more No felony marijuana possession in Connecticut
Delaware Yes – 6 oz of usable marijuana No – bill HB 150 is being considered in January 2022
  • 1 oz or less: $100 civil penalty
  • 1 oz – 175g: Up to 3 months, up to $575 fine
  • 175–1,500g: Up to 2 years imprisonment and a monetary fine
  • 1,500-5,000g: Up to 5 years imprisonment and a monetary fine
  • 5,000g or more: 2 to 25 years imprisonment and a monetary fine
 1 oz – 175g 175g or more
District of Columbia Yes – up to 4 oz during a 30-day period Yes – 2 oz or less, up to 6 plants, of which only 3 may be mature. Must be 21 years old.
  • More than 2 oz: Up to 5 months imprisonment, up to $1,000 fine
  • Smoking or consuming in public: Up to 60 days imprisonment, up to $500 fine
 More than 2 oz  No felony marijuana possession in D.C.
Florida Yes – 70-day supply No
  • 20g or less: Up to 1 year imprisonment, up to $1,000 fine
  • 20g – 25 lb: Up to 5 years imprisonment, up to $5,000 fine
  • More than 25 lb: Up to 30 years imprisonment, up to $200,000 fine
 Any amount up to 20g Any amount above 20g
Georgia No, but a patient may possess up to 20 fluid oz of low THC oil if they are registered in the low THC oil patient registry No
  • 1 oz or less: Up to year imprisonment, up to $1,000 fine
  • 1 oz – 10 lb: 1 to 10 years imprisonment
  • Possession of more than 10 lb is considered trafficking and is punishable by 5 to 30 years imprisonment and up to a $1 million fine
 1 oz or less More than 1 oz
Hawaii Yes – up to 4 oz usable marijuana, up to 10 plants No
  • 3g or less: $130 fine
  • 3g – 1 oz: Up to 30 days imprisonment, up to $1,000 fine
  • 1 oz to 1 lb: Up to 1 year imprisonment, up to $2,000 fine
  • 1 lb or more: Up to 5 years imprisonment, up to $10,000 fine
 3g or more 1 lb or more
Idaho No No
  • 3 oz or less: Up to 1 year imprisonment, up to $1,000 fine
  • 3 oz to 1 lb: Up to 5 years imprisonment, up to $10,000 fine
  • Possession of 1 lb or more or more than 25 marijuana plants is considered trafficking and is punishable by 1 to 15 years imprisonment and up to $50,000 fine
 3 oz or less More than 3 oz
Illinois Yes – 2.5 oz per 14-day period Yes – Illinois residents who are 21 or older may possess up to 30 g of cannabis flower, 5 g of cannabis concentrate, and 500 mg of THC in a cannabis-infused product. Non-residents may possess half those amounts.
  • 15 – 30g (non-residents): Up to 6 months imprisonment, up to $1,500 fine
  • 30 – 100g: Up to 1 year imprisonment, up to $2,500 fine
  • 30 – 100g (subsequent offense): 1 to 3 years imprisonment, up to $25,000 fine
  • 100 – 500g: 1 to 3 years imprisonment, up to $25,000 fine
  • 500 – 2000g: 2 to 5 years imprisonment, up to $25,000 fine
  • 2,000 – 5,000g: 3 to 7 years imprisonment, up to $25,000 fine
  • More than 5,000g: 4 to 15 years imprisonment, up to $25,000 fine
  • Residents: 30g or more
  • Non-residents: 15g or more
 More than 100g
Indiana Ind. Code section 35-48-4-11: Possession of marijuana, hash oil, hashish, or salvia No No – CBD oil only 
  • Any amount (first offense): Up to 180 days imprisonment, up to $1,000 fine
  • Less than 30g with a prior drug offense conviction: Up to 1 year imprisonment, up to $5,000 fine
  • 30g or more with a prior drug offense conviction: 6 months to 2.5 years imprisonment, up to $10,000 fine
 Any amount 30g or more with a prior drug offense conviction
Iowa No, but medical CBD products are allowed for registered patients No – CBD oil only 
  • Any amount, first offense: Up to 6 months imprisonment, up to $1,000 fine
  • Any amount, second offense: Up to 1 year imprisonment, $430 to $2,560 fine
  • Any amount, third or subsequent offense: Up to 2 years imprisonment, $855 to $8,540 fine
 Any amount No felony marijuana possession in Iowa
Kansas No, but CBD oil is allowed in some circumstances No
  • Any amount: Up to 6 months imprisonment, up to $1,000 fine
  • Any amount, second offense: Up to 1 year imprisonment, up to $2,500 fine
  • Any amount, third or subsequent offense: Up to 3.5 years imprisonment, up to $100,000 fine
  • 450g or more: Up to 3.5 years imprisonment, up to $100,000 fine
 Any amount up to 450g, first or second offense Any amount third or subsequent offense, or 450g or more
Kentucky No No
  • Up to 8 oz: Up to 45 days imprisonment, up to $250 fine
  • 8 oz to 5 lb: 1 to 5 years imprisonment, up to $10,000 fine
  • 5 lb or more: 5 to 10 years, up to $10,000 fine
 Any amount up to 8 oz 8 oz or more
Louisiana Yes – 30-day supply No
  • 14g or less: Up to 15 days in jail, up to $300 fine
  • 14g – 2.5 lb: Up to 6 months in jail, up to $500 fine
  • Less than 2.5 lb and second conviction: Up to 6 months imprisonment, up to $1,000 fine
  • Less than 2.5 lb and third conviction: Up to 2 years imprisonment, up to $2,500 fine
  • Less than 2.5 lb and fourth or subsequent conviction: Up to 8 years imprisonment, up to $5,000 fine
  • 2.5 lb or more: 1 to 20 years imprisonment, up to $50,000 fine
 Any amount up to 2.5A lb 2.5 lb or more
Maine Yes – up to 8 lb of harvested marijuana Yes – Up to 2.5 ounces of marijuana and 5 grams concentrate, up to 3 mature marijuana plants, up to 12 immature plants, and all seedlings produced by the plants. Must be 21 years old.
  • 2.5 – 8 oz: Up to 6 months imprisonment, up to $1,000 fine
  • 8 – 16 oz: Up to 1 year imprisonment, up to $2,000 fine
  • 1 to 20 lb: Up to 5 years imprisonment, up to $5,000 fine
  • More than 20 lb: Up to 10 years imprisonment, up to $20,000 fine
 2.5 oz to 16 oz 1 lb or more
Maryland Yes – 30-day supply No
  • Less than 10g: Civil fine of $100 for a first offense, $250 for a second offense, $500 for a third or subsequent offense
  • 10g – 50 lb: Up to 6 months imprisonment, up to $1,000 fine
  • 50 lb or more: 5 years minimum imprisonment, up to $100,000 fine
 10g to 50 lb 50 lb or more
Massachusetts Yes – No more than 10 oz every two months Yes – Up to 1 oz, up to 10 oz in a primary residence, and any marijuana produced by marijuana plants cultivated at primary residence. Must be 21 years old.
  • More than 1 oz: Up to 6 months imprisonment, up to $500 fine
  • More than 1 oz (subsequent offenses): Up to 2 years imprisonment, up to $2,000 fine
 More than 1 oz No felony possession of marijuana in Massachusetts
Michigan Yes – Up to 2.5 oz of usable marijuana, up to 12 marijuana plants kept in an enclosed and locked facility Yes – Up to 2.5 oz, up to 10 oz in residence, and any marijuana produced by marijuana plants cultivated at residence. Must be 21 years old.
  • 2.5 – 5 oz: $500 civil fine
  • More than 5 oz: $500 fine
 More than 5 oz No felony possession in Michigan
Minnesota Yes – 30-day supply No
  • 42.5g or less: $300 fine
  • More than 1.4g in motor vehicle: Up to 90 days imprisonment, up to $1,000 fine
  • 42.5g – 10kg: Up to 5 years imprisonment, up to $10,000 fine
  • 10 – 25kg: Up to 20 years imprisonment, up to $250,000 fine
  • 25 – 50kg or 100 – 500 plants: Up to 25 years imprisonment, up to $500,000 fine
  • 50kg or more, or 500 plants or more: Up to 30 years imprisonment, up to $1,000,000 fine
 42.5g or less More than 42.5g
Mississippi Miss. Code Ann. section 41-29-139: Prohibited acts and penalties; indictments for trafficking No No
  • 30g or less (first offense): $100 to $250 fine
  • 30g or less (second offense): Up to 60 days jail, up to $250 fine
  • 30g or less (third or subsequent offense): Up to 6 months jail, up to $1,000 fine
  • 1 – 30g possessed by an operator of a motor vehicle: Up to 90 days jail, up to $1,000 fine
  • 30 – 250g: Up to 3 years imprisonment, up to $3,000 fine
  • 250 – 500g: 2 to 8 years imprisonment, up to $50,000 fine
  • 500g – 1kg: 4 to 16 years imprisonment, up to $250,000 fine
  • 1 – 5kg: 6 to 24 years imprisonment, up to $500,000 fine
  • 5kg or more: 10 to 30 years imprisonment, up to $1,000,000 fine
  • 30g or less in a motor vehicle
  • 30g or less, second or subsequent offense
 More than 30g
Missouri Yes – up to 4 oz per 30 days, up to 6 flowering plants No
  • 10g or less, first offense: Up to $500 fine
  • 10g or less, second offense: Up to 1 year imprisonment, up to $2,000 fine
  • 10 – 35g: Up to 1 year imprisonment, up to $2,000 fine
  • More than 35g: Up to 7 years imprisonment, up to $10,000 fine
 Any amount More than 35g
Montana Yes – may possess up to 1 oz of usable marijuana Yes – up to 1 oz, up to 4 mature plants, must be 21 years old
  • 1 – 2 oz (first offense): Up to $200 civil fine or 4 hours community service
  • 1 – 2 oz (second offense): Up to $300 civil fine or 6 hours community service
  • 1 – 2 oz (third or subsequent offense): Up to $500 civil fine or 8 hours community service
  • More than 2 oz: Up to 5 years imprisonment, up to $5,000 fine
 No misdemeanor possession in Montana More than 2 oz
Nebraska Neb. Rev. Stat. section 28-416: Prohibited acts; violations; penalties No No
  • 1 oz or less (first offense): $300 fine
  • 1 oz or less (second offense): $400 fine, up to 5 days imprisonment
  • 1 oz or less (third or subsequent offense): $500 fine, up to 7 days imprisonment
  • 1 oz – 1 lb: Up to 3 months imprisonment, up to $500 fine.
  • More than 1 pound: Up to 2 years imprisonment, up to $10,000 fine
 1 oz or less, second offense More than 1 lb
Nevada Yes – up to 2.5 oz, up to 12 plants Yes – up to 1 oz, up to 6 cannabis plants. Must be 21 years old.
  • 1 oz – 42g: 1 to 10 years imprisonment, up to $50,000 fine
  • 42 – 100g: 2 to 15 years imprisonment, up to $50,000 fine
  • Consuming cannabis in public or a vehicle: Up to $600 fine
 Consuming cannabis in public or a vehicle More than 1 oz
New Hampshire Yes – up to 2 oz No
  • Up to 3/4 oz: $100 fine
  • Up to 3/4 oz (third offense): $300 fine
  • Up to 3/4 oz (fourth or subsequent offense): $1,200 fine
  • More than 3/4 oz: Up to 1 year imprisonment, up to $350 fine
  • Up to 3/4 oz, fourth or subsequent offense
  • More than 3/4 oz
 No felony possession of marijuana in New Hampshire
New Jersey Yes – 3 oz per month Yes – up to 6 oz, must be 21 years old More than 6 oz: Up to 18 months, up to $25,000 fine New Jersey classifies all offenses as crimes and does not use the terms felony and misdemeanor. Possession of marijuana is a Crime in the Fourth Degree, similar to a misdemeanor. New Jersey classifies all offenses as crimes and does not use the terms felony and misdemeanor.
New Mexico Yes – 8 oz per 90-day period
  • Yes – up to 2 oz and up to 6 mature marijuana plants and 6 immature plants (but no household may contain more than 12 mature plants). Must be 21 or older.
  • A person under 21 who possesses marijuana is subject to a civil violation and shall be subject to a 4-hour drug education program or 4 hours of community service
  • 2 – 8 oz: Up to 1 year imprisonment, $100 to $1,000 fine
  • Up to 0.5 oz: $50 fine
  • 0.5 – 1 oz (first offense): Up to 15 days imprisonment, $50 to $100 fine
  • 0.5 – 1 oz (second or subsequent offense): Up to 1 year imprisonment, $100 to $1,000 fine
  • 1 – 8 oz: Up to 1 year imprisonment, $100 to $1,000 fine
  • More than 8 oz: Up to 1.5 years imprisonment, up to $5,000 fine
 Any amount between 0.5 oz and 8 oz 8 oz or more
New York Yes – 60-day supply Yes – up to 3 oz, up to 24g concentrated cannabis. Must be 21 years old
  • 3 -16 oz marijuana or 24 g – 5 oz concentrated cannabis: Up to $125 fine
  • 16 oz – 5 lb marijuana or 5 oz – 2 lb concentrated cannabis: Up to 1 year imprisonment, up to $1,000 fine
  • 5 – 10 lb marijuana or 2 – 4 lb concentrated cannabis: Up to 4 years imprisonment, up to $5,000 fine
  • More than 10 lb marijuana, more than 4 lb concentrated cannabis: Up to 7 years imprisonment, up to $5,000 fine
 More than 16 oz marijuana or more than 5 oz concentrated cannabis More than 5 lb marijuana or more than 2 lb concentrated cannabis
North Carolina N.C. Gen. Stat. section 90-95: Violations; penalties No No
  • Up to 0.5 oz: Up to $200 fine
  • 0.5 – 1.5 oz: Up to $45 days imprisonment and a discretionary fine
  • 1.5 oz – 10 lb: 3 to 8 months imprisonment and a discretionary fine imprisonment
  • More than 10 lb is considered trafficking: 25 months to 18.5 years, up to $200,000 fine, depending on the total weight of marijuana
 Any amount up to 1.5 oz More than 1.5 oz
North Dakota Yes – up to 3 oz No
  • Up to 0.5 oz: Up to $1,000 fine
  • 0.5 oz – 500g: Up to 30 days imprisonment, up to $1,500 fine
  • More than 500g: Up 360 days imprisonment, up to $3,000 fine
 More than 0.5 oz No felony possession of marijuana in North Dakota
Ohio Yes – no more than 8 oz per 90 days No
  • Up to 100g: up to $150 fine.
  • 100 – 200g: up to 30 days imprisonment, up to $250 fine
  • 200 – 1,000g: up to 1 year in jail, up to $2,500 fine
  • 1,000 – 20,000g: 1 to 3 years imprisonment, $5,000 to $10,000 fine
  • 20,000 – 40,000g: 5 to 8 years of imprisonment, up to $15,000 fine
  • More than 40,000g: at least 8 years imprisonment, up to $20,000 fine
 Any amount up to 200g More than 200g
Oklahoma Yes – up to 3 oz on a person, up to 8 oz in residence, up to 1 oz concentrated marijuana, up to 72 oz edible marijuana, up to 6 mature plants, up to six seedling plants No Any amount of marijuana: Up to 1 year imprisonment, up to $1,000 fine Any amount of marijuana No felony possession of marijuana in Oklahoma
Oregon Yes – up to 24 oz usable marijuana, up to 6 mature plants
  • Yes – up to 1 oz on person, up to 8 oz in residence, must be 21 years old
  • Using marijuana in public is a violation subject to a maximum fine of $1,000
  • 1 – 2 oz on person or 8 oz – 1 lb in residence: Up to $1,000 fine
  • 2 – 4 oz on person or 1 – 2 lb in residence: Up to 6 months imprisonment, up to $2,500 fine
  • 4 oz – 8 lb on person or 2 – 8 lb in residence: Up to 1 year imprisonment, up to $6,250 fine
  • More than 8 lb: Up to 5 years imprisonment, up to $125,000 fine
 2 oz – 8 lb on person or 1 – 8 lb in residence More than 8 lb
Pennsylvania Yes – 30-day supply No
  • Up to 30g: Up to 30 days in jail, up to $500 fine
  • More than 30g (first offense): Up to 12 months imprisonment, up to $5,000 fine
  • More than 30g (second or subsequent offense): Up to 3 years imprisonment, up to $25,000 fine
 Any amount No felony possession of marijuana in Pennsylvania
Rhode Island Yes – up to 2.5 oz, up to 12 mature plants, up to 12 immature plants No
  • Up to 1 oz: $150 civil fine
  • 1 oz to 1 kg: Up to 1 year imprisonment, up to $500 fine
 1 oz or more No felony possession of marijuana in Rhode Island, unless there is an intent to distribute
South Carolina S.C. Code Ann. section 44-53-370: Prohibited acts A; penalties. No No
  • Up to 1 oz (first offense): Up to 30 days imprisonment, $100 to $200 fine
  • Up to 1 oz (first offense): Up to 1 year imprisonment, up to $2,000 fine
  • 1 oz – 10 lb is considered possession with intent to distribute: Up to 5 years imprisonment, up to $5,000 fine
  • 1o lb or more is considered trafficking: Up to 30 years imprisonment, up to $250,000 fine, depending on the total weight of marijuana
 Up to 1 oz More than 1 oz
South Dakota S.D. Codified Laws section 22-42-6: Possession of marijuana prohibited—Degrees according to amount Yes – must preliminary list of conditions and follow guidelines for the medical cannabis program TBD – the measure is being appealed in courts as of 7/12/2021
  • Up to 2 oz: Up to 1 year imprisonment, up to $2,000 fine
  • 2 oz – 0.5 lb: Up to 2 years imprisonment, up to $4,000 fine
  • 0.5 – 1 lb: Up to 5 years imprisonment, up to $10,000 fine
  • 1 – 10 lb: Up to 10 years imprisonment, up to $20,000 fine
  • More than 10 lb: Up to 15 years imprisonment, up to $30,000 fine
 Up to 2 oz More than 2 oz
Tennessee No No
  • Up to 0.5 oz: Up to one year in jail, up to $2,500 fine, $250 mandatory minimum fine for first offense, $500 mandatory minimum fine for subsequent offenses
  • 0.5 oz – 10 lb: May be considered possession with intent to distribute, up to 6 years, up to $5,000 fine
  • More than 10 lb: Penalty depends on the total weight of marijuana. Maximum sentence is 60 years. Maximum fine is $200,000.
 Up to 0.5 oz More than 0.5 oz (if intent to distribute proved)
Texas V.T.C.A., Health & Safety Code section 481.121: Offense: Possession of Marihuana No No
  • Up to 2 oz: Up to 180 days imprisonment, up to $2,000 fine
  • 2 – 4 oz: Up to 1 year imprisonment, up to $4,000 fine
  • 4 oz – 5 lb: 180 days mandatory minimum imprisonment, up to 2 years imprisonment, up to $10,000 fine
  • 5 – 50 lb: 2 years mandatory minimum imprisonment, up to 10 years imprisonment, up to $10,000 fine
  • 50 – 2,000 lb: 2 years mandatory minimum imprisonment, up to 20 years imprisonment, up to $10,000 fine
  • More than 2,000 lb: 5 years mandatory minimum imprisonment, up to 99 years imprisonment, up to $50,000 fine
 Up to 4 oz More than 4 oz
Utah Yes – 30-day supply No
  • Less than 100 lb (first or second offense): Up to 6 months imprisonment, up to $1,000 fine
  • Less than 100 lb (third offense): Up to 1 year imprisonment, up to $2,500 fine
  • Less than 100 lb (fourth or subsequent offense): Up to 5 years, up to $5,000 fine
  • 100 pounds or more: 1 to 15 years imprisonment, up to $10,000 fine
 Less than 100 lb
  • Less than 100 lb, fourth or subsequent offense
  • 100 lb or more
Vermont Yes -up to 2 oz usable marijuana, up to 7 immature plants, up to 2 mature plants Yes – up to 1 oz, must be 21 years old
  • 1 – 2 oz: $100 civil penalty first offense, $200 civil penalty second offense, $500 civil penalty third or subsequent offense
  • 2 – 8 oz (first offense): Up to 6 months imprisonment, up to $500 fine
  • 2 – 8 oz (second or subsequent offense): Up to 2 years imprisonment, up to $2,000 fine
  • 8 oz – 1 lb: Up to 3 years imprisonment, up to $10,000 fine
  • 1 – 10 lb: Up to 5 years imprisonment, up to $100,000 fine
  • More than 10 lb: Up to 15 years imprisonment, up to $500,000 fine
 2 – 8 oz 8 oz or more
Virginia
  • Va. Code section 18.2–250.1: Possession of marijuana unlawful
  • Va. Code section 4.1-1100: Possession, etc., of marijuana and marijuana products by persons 21 years of age or older
  • Va. Code section 4.1-1101: Home cultivation of marijuana for personal use; penalties
  • Va. Code section 54.1-3408.3: Certification for use of cannabis oil for treatment
 Yes – up to 4 oz marijuana in 30 days, up to 90-day supply of cannabis oil Yes – up to 1 oz, up to 4 marijuana plants. Must be 21 years old.
  • 1 oz to 1 lb: $25 civil fine
  • 5 – 10 marijuana plants (first offense): $250 civil penalty
  • 5 – 10 marijuana plants (second offense): Up to $500 fine
  • 5 – 10 marijuana plants (third and subsequent offense): Up to 6 months jail, up to $1,000 fine
  • 11 – 49 marijuana plants: Up to 1 year jail, up to $2,500 fine
  • 50 – 100 marijuana plants: 1 to 5 years, up to $2,500 fine
  • More than 1 lb or more than 100 plants: 1 to 10 years imprisonment, up to $250,000 fine
  • 5 – 10 marijuana plants, second or subsequent offense
  • 11 – 49 marijuana plants
  • More than 1 lb
  • 50 or more marijuana plants
Washington Yes – 3 oz of useable marijuana, 48 oz solid form marijuana-infused product, 216 oz liquid form marijuana-infused product, 21 g marijuana concentrates Yes – up to 1 oz in private, not permissible in public, must be 21 years old
  • Up to 40g: 24 hours jail mandatory minimum, up to 90 days jail, up to $1,000 fine
  • More than 40g: Up to 5 years imprisonment, up to $10,000 fine, mandatory $1,000 fine for first offenses, mandatory $2,000 fine for second or subsequent offenses
  • 1 – 40 oz in private
  • Up to 40 oz in public
 More than 40 oz
West Virginia Yes – 30-day supply No Any amount: 90 days to 6 months imprisonment, up to $1,000 fine Any amount No felony possession of marijuana in West Virginia
Wisconsin Wis. Stat. section 961.41: Prohibited acts A—penalties No No
  • Any amount, first offense: Up to 6 months imprisonment, up to $1,000 fine
  • Any amount, second or subsequent offense: Up to 3.5 years imprisonment, up to $10,000 fine
 Any amount, first offense Any amount, second or subsequent offense
Wyoming Wyo. Stat. section 35-7-1031: Unlawful manufacture or delivery; counterfeit substance; unlawful possession No No
  • Up to 3 oz: Up to 12 months imprisonment, up to $1,000
  • More than 3 oz: Up to 5 years imprisonment, up to $10,000 fine
 Up to 3 oz More than 3 oz

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources for Marijuana Laws:

Know Your State’s Marijuana Laws

With the ever-changing landscape of marijuana laws, it can be difficult to know what is legal in your state. Before you use medical or recreational marijuana, you must ensure you know what the current law is. Even if it is legal in your state, you should ensure your employer or government programs you rely on will not penalize you for using marijuana. If you are charged with a marijuana offense, a criminal defense attorney who understands marijuana laws in your state can help.

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