Places that have decriminalized non-medical marijuana in the United States
Encyclopedia
Multiple places have decriminalized
non-medical cannabis
in the United States; however, cannabis is illegal under federal law
. Gonzales v. Raich
(2005) held in a 6-3 decision that the Commerce Clause
of the United States Constitution
allowed the federal government to ban the use of cannabis, including medical use
even if local laws allow it. Most places that have decriminalized cannabis have civil fines
, drug education
, or drug treatment in place of incarceration
and/or criminal
charges for possession
of small amounts of cannabis, or have made various cannabis offenses the lowest priority for law enforcement
.
removed all penalties for possession of cannabis under 28.349 grams (one ounce) in one's residence or home. Sale of less than 28.349 grams is a misdemeanor
, punishable by up to a year in jail
and up to a $5,000 fine; at the time, in most states sale of less than 28.349 grams was a felony
offense.
With the 1975 Ravin v. State
decision, the Alaska Supreme Court
declared the state's anti-drug law unconstitutional with respect to possession of small amounts of cannabis, holding that the right to privacy
guaranteed by the Constitution of Alaska outweighed the state's interest in banning the drug. Ravin continues to be followed since the Alaska constitution has not been amended to prohibit, or permit the prohibition
of, less than 28.349 grams of cannabis, an anti-cannabis initiative passed in 1990 and an anti-cannabis piece of legislation passed in 2006 remain inoperative. This allows possession of fewer than 25 plants in one's residence or home. The sale or delivery of marijuana is still considered a crime.
On November 7, 2006, Eureka Springs, Arkansas
passed "Cannabis as Low Police Priority" Initiative by 62-38 percent. The ordinance directs local law enforcement to issue a summons in lieu of a criminal arrest for adults age 18 and over to be found in possession of up to one ounce of cannabis and/or cannabis paraphernalia
. Cannabis offenses will be punished by a fine, community service
, or drug counseling and education, but will not be punishable by arrest
.
On November 4, 2008, the city of Fayetteville
made possession of less than one ounce the lowest priority for local law enforcement.
UPDATE:
1Sep
2011 02Arkansas: Lawmakers Enact Sentencing Reform Measures, Reduce Pot Possession Penalties
Posted in News
Little Rock, AR–(ENEWSPF)–September 2, 2011. Criminal sentencing reform legislation passed by lawmakers earlier this year is now in effect. Senate Bill 750, the Public Safety Improvement Act, intends to reduce the number of non-violent offenders incarcerated statewide by mitigating the sentences for certain low-level drug offenses.
Democrat Gov. Mike Beebe, who strongly backed the measure, signed it into law on March 22, 2011. The law took effect on July 27.
Specific to marijuana law enforcement, the measure amends cannabis penalties so that the possession of up to four ounces of pot is a criminal misdemeanor, punishable by up to one-year in jail and a $1,000 fine. For first-time offenders, the new law states, “[T]he court, without entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one year.”
Under the previous law, the possession of any amount of cannabis above one ounce was a felony offense punishable by between four and ten years imprisonment and a $25,000 fine.
The new law additionally reduces criminal penalties for the possession of small quantities of marijuana ‘with the intent to deliver’ from a felony offense to a misdemeanor. The law also reduces subsequent marijuana possession offenses from felonies to misdemeanors. Previously, second and third pot possession offenses were categorized as felonies.
Defendants found guilty of violating the state’s marijuana laws will still be subject to the loss of their driver’s license for six-months.
On November 7, 2000, Proposition 36
was passed by 61-39 percent. The proposition allowed first and second time non-violent simple drug possession offenders the option to receive drug treatment and legal probation instead of incarceration.
On February 23, 2009, Assembly Bill No. 390 - California: Marijuana Control, Regulation, and Education Act
was introduced by California State Assembly
member Tom Ammiano
, a Democrat
representing California's 13th State Assembly district
. The passing of this bill would legalize marijuana in California. This bill would also tax and regulate the cultivation and sale of marijuana. The state's tax collectors estimate the measure would bring in about $1.3 billion in new revenues a year plus cost savings from prisons.
On September 30, 2010, California Gov. Arnold Schwarzenegger signed into law S.B. 1449, a bill that decriminalizes the possession of up to one ounce of marijuana. The bill reduces simple possession from a misdemeanor to an infraction. This would eliminate the need to appear in front of a court and would treat possession of less than 28.5 grams like a traffic ticket, punishable by $100.
passed The Marijuana Ordinace I (BMI I), which forbid law enforcement from arresting persons for cannabis related crimes unless cleared by the City Council. In the case Younger v. Berkeley City Council, an Alameda County Superior Court Judge Lionel Wilson
struck down BMI I because it violated city code that states the City Manager has discretion over police personnel.
In 1979, Berkeley passed The Marijuana Ordiance II (BMI II), which made the enforcement of cannabis laws—including cultivation, sale, and transport—-the lowest priority for law enforcement, banned the expenditure of funds for enforcement of cannabis statutes, allowed residents to grow cannabis and report any theft of cannabis plants to law enforcement, and directed the City Council to lobby in favor of the decriminalization and legalization of cannabis.
In 2000, Mendocino County became the first county in the United States to repeal any type of punishment for non-medical personal use of cannabis when Measure G passed, by a vote of 58-42 percent. The Green Party
-sponsored Measure G provides protection from law enforcement for persons possessing no more than 25 adult female flowering cannabis plants or the equivalent in dried cannabis. This measure was however modified in 2008 by Measure B by 52-48 percent.
On November 3, 2004, Oakland
passed Proposition Z, by a vote of 65-35 percent. Proposition Z made personal adult use, distribution, sale, cultivation, and possession of non-medical cannabis, the lowest priority for law enforcement. Proposition Z will allow the licensing, taxing, and regulation of cannabis sales if California law is amended to allow so. The proposition states the city of Oakland must advocate to the state of California to adopt laws to regulate and tax cannabis.
On November 7, 2006, Santa Barbara
, passed Measure P, by a vote of 66-34 percent. Measure P made non-medical cannabis offenses the lowest priority for law enforcement; this does not apply to the cultivation, distribution, sale, public use, or driving under the influence.
On November 7, 2006, Santa Cruz
passed Measure K, by a vote of 64-36 percent. Measure K made adult non-medical cannabis offenses the lowest priority for law enforcement; this does not apply to cultivation, distribution, sale in public, sale to minors, or driving under the influence. The measure requests the Santa Cruz city clerk send letters annually to state and federal representatives advocating reform of cannabis laws.
In 2006, the San Francisco
Board of Supervisors passed a cannabis ordinance, by a vote of 8-3. This ordinance made adult cannabis offenses the lowest priority for law enforcement; this does not apply to the sale in a public place or driving under the influence. The ordinance states that the San Francisco government will urge state and federal authorities to enact similar laws.
On November 7, 2006, Santa Monica
passed Measure Y, by a vote of 65-35 percent. Measure Y made cannabis offenses the lowest priority for law enforcement. The measure states the city clerk of Santa Monica will encourage state and federal authorities to adopt similar laws.
In 2006, West Hollywood
City Council
passed a cannabis resolution, by a vote of 4-0, which made West Hollywood the first city in Southern California
to adopt a lowest law enforcement priority law for cannabis offenses. The resolution stated "it is not the policy of the City or its law enforcement agency to target possession of small amounts of cannabis and the consumption of non-medical cannabis in private by adults".
made possession under a one ounce of cannabis a petty offense punishable by a $100 fine; stricter punishments exist for possession over an ounce, sale, cultivation, or use or display in public.
In the November 2000 general election, Coloradoans passed Amendment 20, and the Colorado Department of Public Health and Environment (CDPHE) was tasked with implementing and administering the Medical Marijuana Registry program. In March 2001, the State of Colorado Board of Health approved the Rules and Regulations pertaining to the administration of the program, and on June 1, 2001, the Registry began accepting and processing applications for Registry Identification cards.
For years, patients could get small amounts of medical marijuana from "caregivers," the term used for growers and dispensers who could each supply only five patients. However, in 2007, a court lifted that limit and thus began what Coloradoans are referring to as the "Green Rush"--a medical marijuana business boom. Between 2000 and 2008, the state issued only about 2,000 medical marijuana cards to patients. By 2009, that number skyrocketed to more than 60,000 due to the unlimited amount of patients the dispensaries are now able to provide care for.
On November 1, 2005, Denver
passed the Denver Alcohol-Marijuana Equalization Initiative, by a vote of 54-46 percent. This initiative repealed municipal penalties for possession of one ounce of cannabis, but only for persons age 21 and older. However, this conflicts with state law, so police can still arrest for possession of cannabis because Colorado state and federal penalties remain in effect. For more info see Safer Alternative for Enjoyable Recreation
.
On November 7, 2007, Denver passed an initiative to make cannabis the "lowest law enforcement priority". This was the third cannabis initiative sponsored by Safer Alternative for Enjoyable Recreation. However, officials seemed to disregard the "lowest law enforcement priority" law and arrests increased the following years. http://thelede.blogs.nytimes.com/2008/03/06/denver-officials-ignore-marijuana-votes/
On November 2, 2009, in the Summit County elections, the voters of Breckenridge approved Question 2F, decriminalizing possession of 1 oz. or less of marijuana and related paraphernalia for persons 21 years of age or older.
In March 2004, Carbondale, Illinois
passed an ordinance which reduced the punishment for possession of less than 10 grams of cannabis or cannabis paraphernalia to a minimum fine of $250 in lieu of incarceration.
In late 2009, Cook County, Illinois (City of Chicago and some northern suburbs) also decriminalized cannabis possession of less than 10 grams or cannabis paraphernalia to a minimum fine for Unincorporated areas only as of 2009.
In February 2009, the City of Springfield, Illinois, passed an ordinance allowing possession of marijuana under 2.5 grams to per charged as an ordinance violation instead of as a crime.
In early 2010, the city of Urbana, Illinois decriminalized marijuana.
For the last ten years Sugar Grove, IL has had a similar decriminalization policy.
In 2006, the city of Lawrence, Kansas
passed an ordinance imposing fines but no jail time for cannabis possession.
decriminalized possession of marijuana. The City Council passed ordinance in the previous months making possession of small amounts of cannabis no longer a criminal offense, so the police could focus on apprehending more violent criminals. Newly elected Police Superintendent Ronal Serpas was quoted as saying the change was "not being soft on crime but smart on crime."
Possession of 2.5 oz or more is a ‘prima facie’ case (fancy words for ‘the facts speak for themselves’) for intent to distribute.
Cultivation of 5 plants or less is a class E misdemeanor, punishable by 6 months in jail and a $1,000 fine.
Cultivation of 5-100 plants is a class D misdemeanor, punishable by 1 year in jail and a $2,000 fine.
Cultivation of 100-500 is a class C felony, punishable by 5 years in prison and a $5,000.
Cultivation of more than 500 plants is a class B felony, punishable by 10 years in prison and a $20,000 fine.
Distribution of 1lb or less is a class D misdemeanor, punishable by 1 year in jail and a $2,000 fine.
Distribution of 1-20lbs is a class C felony, punishable by 5 years in prison and a $5,000 fine.
Distribution of 20lbs or more is a class B felony, punishable by 10 years in prison and a $20,000.
Selling any amount to a minor or within 1,000 feet of a school or of a school bus is a class C felony, punishable by 5 years in prison and a $5,000 fine.
Possession and use of paraphernalia is a civil violation, punishable by a $300 fine, no criminal charges.
Selling paraphernalia is a misdemeanor, punishable by 6 months in jail and a $1,000 fine.
Selling paraphernalia to a minor is a misdemeanor, punishable by 1 year in jail and a $2,000 fine.
Upon conviction, the court can, but does not automatically, suspend or revoke the offender’s driver’s license.
Medical Program? – Yes.
passed a non-binding referendum
by a vote of 63-37 percent. The referendum "deprioritized" adult possession of cannabis and urged "the members of the Selectboard and the Town Manager to persuade our state representative, state senator, U.S. representative and U.S. senators to repeal the prohibition of cannabis".
On February 16, 2006, The Herald News
reported that the Joint Mental Health and Substance Abuse Committee of the Massachusetts General Court
voted 6-1 in favor of a bill that would have made possession of less than an ounce of cannabis a civil fine of $250.
On November 4, 2008, state voters approved to decriminalize the possession of marijuana. Any person caught with less than an ounce of marijuana, hash, hash oil, or smoking in public is punishable by a civil fine of $100. The new law took effect in January 2009. Since the law has taken effect, towns have amended the law, making it a more major fine for being caught smoking in public.
In Ann Arbor
, since a 1974 voter referendum, cannabis possession, control, use, and giving away or selling in the city has been subject merely to a small civil-infraction fine. City police charge violators under the local law rather than under the far stricter state laws. The amount of the fine has been altered in subsequent referenda, and as of 2008 stands at $25 for a first offense, $50 for a second offense, and $100 for the third and subsequent offenses. In 2004, Ann Arbor voters reaffirmed the civil-infraction penalty, passing Proposal C, by a vote of 75-25 percent. The measure capped penalties for the third offense and subsequent offenses at $100.
, driving under the influence, or sale to a minor.
, although since 1999, as with all other drugs in Missouri, first-time cases of possession of cannabis no longer are prosecuted in ordinary state court, but rather in specialized drug court
s. By law, treatment, rather than punishment, is the express object of any drug court action in Missouri. Despite the drug courts, however, as it stands, simple possession of less than 35 grams of cannabis is a class-A misdemeanor in Missouri, theoretically punishable by up to one year in prison and a fine of $1000.
In 2004, voters in the city of Columbia
passed Proposition 2 by 61-39 percent. Proposition 2 made cannabis the "lowest priority" for law enforcement, and for possession of cannabis under 35 grams (1.25 ounces) of cannabis the offense was reduced municipally to a civil fine of a maximum of $250, with no possibility of criminal retribution, arrest, or incarceration. That law has since been revised, allowing only first time offenders to escape prosecution and instead pay the fine.
While the state of Mississippi has decriminalized marijuana possession of less than 30g, most local communities, counties, and municipalities maintain strict, zero tolerance ordinances regarding possession. Thousands of Mississippians are arrested each month for possession of less than 30g of marijuana.
Possession of 30 grams or more is a felony.
On November 7, 2006, Missoula County
passed Initiative 2, by a vote of 54.23-45.78 percent. Initiative 2 encouraged that adult cannabis use be the lowest priority for county law enforcement.
made possession of any amount of cannabis for non-medical use by persons age 21 or older punishable by a $600 fine or drug treatment; stricter punishments exist for multiple offenses, cultivation, sale, or driving under the influence. Also, for adults under age 21 and minors, possession of less than one ounce of cannabis is a class E felony, punishable by one to four
years in prison and a fine of up to $5000. It is unclear whether persons under age 21 convicted of cannabis crimes would lose their voting rights, since the Twenty-sixth Amendment to the United States Constitution
states that persons age eighteen or older shall not be denied the right to vote on account of age, and voting rights would only be lost because the criminal is under age 21.
First-time offenders of all marijuana possession laws and some marijuana sale laws are, with some exception, granted an automatic adjournment of their case in contemplation of dismissal ("ACD"), meaning that if the offender commits no crimes and abides by any conditions set by the court, his or her case will be automatically dismissed after six months.
, is considered possession.
made possession and cultivation of less than 100 grams (3.5 ounces) of cannabis and a gift of 20 grams (0.7 ounces) or less of cannabis a minor misdemeanor (same class as minor traffic violations) punishable by a $100 fine, a 6 month to 5 year drivers license suspension and a suspension of any professional licenses. According to the Ohio Revised Code, although possession of less than 100 grams is only a minor misdemeanor, possession of drug paraphernalia, which may include a bowl or bong
, is a misdemeanor with a maximum of 30 days in prison. Trafficking
cannabis is a felony.
became the first state to decriminalize cannabis. Laws changed again in 1995 that reduced penalties. Possession of one ounce or less became legally defined as a "violation" (a crime that is considered a lesser offence than a misdemeanor) and now is punishable by a $500 to $1,000 fine that can be, in some jurisdictions, paid off by means of community service. Possession of multiple containers of any weight, or possession of more than one ounce can sometimes add the additional crime "Intent to Sell." In some cases, people who have no marijuana, but are caught at the scene of a drug bust are charged with "Frequenting." Stricter punishments exist for sale, cultivation, and proximity to schools.
On February 19, 2009, SB 5615 - 2009-10 was introduced in the state legislature. The bill would have
reclassified possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction.
The bill did not pass.
On April 5, 1977, Madison
passed Ordinance 23.20, which made possession of less than 112 grams (almost a quarter pound) of marijuana or 28 grams of cannabis legal when for personal use in a private place.
On May 13, 1997, Milwaukee mayor John Norquist
signed a measure into law, which made possession of less than 25 grams (0.88 ounces) of cannabis a municipal ordinance violation with a fine of $250 to $500 or imprisonment for 20 days. Although, prosecutors in Milwaukee can still charge offenders under more severe state law.
Decriminalization
Decriminalization or Decriminalisation is the abolition of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply . The reverse process is criminalization.Decriminalization reflects changing social and moral views...
non-medical cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
in the United States; however, cannabis is illegal under federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
. Gonzales v. Raich
Gonzales v. Raich
Gonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...
(2005) held in a 6-3 decision that the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
allowed the federal government to ban the use of cannabis, including medical use
Medical cannabis
Medical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...
even if local laws allow it. Most places that have decriminalized cannabis have civil fines
Civil penalty
A civil penalty or civil fine is a term used to describe when a state entity, government agency, or private party seeks monetary relief against an individual as restitution for wrongdoing by the individual. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees...
, drug education
Drug education
Drug education is the planned provision of information and skills relevant to living in a world where drugs are commonly misused. Planning includes developing strategies for helping children and young people engage with relevant drug-related issues during opportunistic and brief contacts with them...
, or drug treatment in place of incarceration
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
and/or criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
charges for possession
Drug possession
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.A person has...
of small amounts of cannabis, or have made various cannabis offenses the lowest priority for law enforcement
Policing in the United States
Law enforcement in the United States is one of three major components of the criminal justice system of the United States, along with courts and corrections. Although there exists an inherent interrelatedness between the different groups that make up the criminal justice system based on their...
.
Map
Alaska
In 1975, AlaskaAlaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
removed all penalties for possession of cannabis under 28.349 grams (one ounce) in one's residence or home. Sale of less than 28.349 grams is a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, punishable by up to a year in jail
Jail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
and up to a $5,000 fine; at the time, in most states sale of less than 28.349 grams was a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
offense.
With the 1975 Ravin v. State
Ravin v. State
Ravin v. State is a 1975 decision by the Alaska Supreme Court that legalized possession of small amounts of cannabis in the state. It was brought about by Irwin Ravin, an attorney who deliberately got arrested in Anchorage for refusing to sign a traffic ticket while in possession of marijuana in...
decision, the Alaska Supreme Court
Alaska Supreme Court
The Alaska Supreme Court is the state supreme court in the State of Alaska's judicial department . The supreme court is composed of the chief justice and four associate justices, who are all appointed by the governor of Alaska and face judicial retention elections and who choose one of their own...
declared the state's anti-drug law unconstitutional with respect to possession of small amounts of cannabis, holding that the right to privacy
Privacy law
Privacy law refers to the laws which deal with the regulation of personal information about individuals which can be collected by governments and other public as well as private organizations and its storage and use....
guaranteed by the Constitution of Alaska outweighed the state's interest in banning the drug. Ravin continues to be followed since the Alaska constitution has not been amended to prohibit, or permit the prohibition
Prohibition (drugs)
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent drug use. Prohibition of drugs has existed at various levels of government or other authority from the Middle Ages to the present....
of, less than 28.349 grams of cannabis, an anti-cannabis initiative passed in 1990 and an anti-cannabis piece of legislation passed in 2006 remain inoperative. This allows possession of fewer than 25 plants in one's residence or home. The sale or delivery of marijuana is still considered a crime.
Arkansas
Cannabis is not decriminalized on a statewide basis.On November 7, 2006, Eureka Springs, Arkansas
Eureka Springs, Arkansas
Eureka Springs is a city in Carroll County, Arkansas, United States. Along with Berryville, it is one of the two county seats for the county. It is located in the Ozark Mountains of northwest Arkansas. According to 2006 Census Bureau estimates, the population of the town is 2,350...
passed "Cannabis as Low Police Priority" Initiative by 62-38 percent. The ordinance directs local law enforcement to issue a summons in lieu of a criminal arrest for adults age 18 and over to be found in possession of up to one ounce of cannabis and/or cannabis paraphernalia
Drug paraphernalia
Drug paraphernalia is a term used, often with a slightly negative connotation due to its use in criminal law field e.g. "possession of drug paraphernalia", to denote any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes...
. Cannabis offenses will be punished by a fine, community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
, or drug counseling and education, but will not be punishable by arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
.
On November 4, 2008, the city of Fayetteville
Fayetteville, Arkansas
Fayetteville is the county seat of Washington County, and the third largest city in Arkansas. The city is centrally located within the county and is home to the University of Arkansas. Fayetteville is also deep in the Boston Mountains, a subset of The Ozarks...
made possession of less than one ounce the lowest priority for local law enforcement.
UPDATE:
1Sep
2011 02Arkansas: Lawmakers Enact Sentencing Reform Measures, Reduce Pot Possession Penalties
Posted in News
Little Rock, AR–(ENEWSPF)–September 2, 2011. Criminal sentencing reform legislation passed by lawmakers earlier this year is now in effect. Senate Bill 750, the Public Safety Improvement Act, intends to reduce the number of non-violent offenders incarcerated statewide by mitigating the sentences for certain low-level drug offenses.
Democrat Gov. Mike Beebe, who strongly backed the measure, signed it into law on March 22, 2011. The law took effect on July 27.
Specific to marijuana law enforcement, the measure amends cannabis penalties so that the possession of up to four ounces of pot is a criminal misdemeanor, punishable by up to one-year in jail and a $1,000 fine. For first-time offenders, the new law states, “[T]he court, without entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one year.”
Under the previous law, the possession of any amount of cannabis above one ounce was a felony offense punishable by between four and ten years imprisonment and a $25,000 fine.
The new law additionally reduces criminal penalties for the possession of small quantities of marijuana ‘with the intent to deliver’ from a felony offense to a misdemeanor. The law also reduces subsequent marijuana possession offenses from felonies to misdemeanors. Previously, second and third pot possession offenses were categorized as felonies.
Defendants found guilty of violating the state’s marijuana laws will still be subject to the loss of their driver’s license for six-months.
State
On January 1, 1975, Senate Bill 95 made possession under one ounce of cannabis for non-medical use punishable by a $100 fine; stricter punishments exist for amounts exceeding an ounce, possession on school grounds, or subsequent violations or for sale or cultivation. If the offender is under the age of 21, his or her driver's license may be suspended for up to one year.On November 7, 2000, Proposition 36
California Proposition 36 (2000)
California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative statute that permanently changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration...
was passed by 61-39 percent. The proposition allowed first and second time non-violent simple drug possession offenders the option to receive drug treatment and legal probation instead of incarceration.
On February 23, 2009, Assembly Bill No. 390 - California: Marijuana Control, Regulation, and Education Act
Marijuana Control, Regulation, and Education Act
The Marijuana Control, Regulation, and Education Act, also known as California Assembly Bill 390 and later Assembly Bill 2254 , is the first bill ever introduced to regulate the sale and use of marijuana in the U.S. state of California...
was introduced by California State Assembly
California State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
member Tom Ammiano
Tom Ammiano
Tom Ammiano is an American politician and LGBT rights activist from San Francisco, California. Ammiano is a Democrat who has served as a member of the California State Assembly since 2008, representing the 13th district...
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
representing California's 13th State Assembly district
California's 13th State Assembly district
California's 13th State Assembly District is one of 80 districts in the California State Assembly. It is currently represented by Democrat Tom Ammiano of San Francisco, of which 54.51% is in the district.-2008:-2006:-2004:-2002:...
. The passing of this bill would legalize marijuana in California. This bill would also tax and regulate the cultivation and sale of marijuana. The state's tax collectors estimate the measure would bring in about $1.3 billion in new revenues a year plus cost savings from prisons.
On September 30, 2010, California Gov. Arnold Schwarzenegger signed into law S.B. 1449, a bill that decriminalizes the possession of up to one ounce of marijuana. The bill reduces simple possession from a misdemeanor to an infraction. This would eliminate the need to appear in front of a court and would treat possession of less than 28.5 grams like a traffic ticket, punishable by $100.
Local
In April 1973, BerkeleyBerkeley, California
Berkeley is a city on the east shore of the San Francisco Bay in Northern California, United States. Its neighbors to the south are the cities of Oakland and Emeryville. To the north is the city of Albany and the unincorporated community of Kensington...
passed The Marijuana Ordinace I (BMI I), which forbid law enforcement from arresting persons for cannabis related crimes unless cleared by the City Council. In the case Younger v. Berkeley City Council, an Alameda County Superior Court Judge Lionel Wilson
Lionel Wilson
Lionel J. Wilson was an African American political figure and a member of the Democratic Party. He was the first African American mayor of Oakland, California, serving three-terms as mayor of Oakland from 1977 until 1991....
struck down BMI I because it violated city code that states the City Manager has discretion over police personnel.
In 1979, Berkeley passed The Marijuana Ordiance II (BMI II), which made the enforcement of cannabis laws—including cultivation, sale, and transport—-the lowest priority for law enforcement, banned the expenditure of funds for enforcement of cannabis statutes, allowed residents to grow cannabis and report any theft of cannabis plants to law enforcement, and directed the City Council to lobby in favor of the decriminalization and legalization of cannabis.
In 2000, Mendocino County became the first county in the United States to repeal any type of punishment for non-medical personal use of cannabis when Measure G passed, by a vote of 58-42 percent. The Green Party
Green Party (United States)
The Green Party of the United States is a nationally recognized political party which officially formed in 1991. It is a voluntary association of state green parties. Prior to national formation, many state affiliates had already formed and were recognized by other state parties...
-sponsored Measure G provides protection from law enforcement for persons possessing no more than 25 adult female flowering cannabis plants or the equivalent in dried cannabis. This measure was however modified in 2008 by Measure B by 52-48 percent.
On November 3, 2004, Oakland
Oakland, California
Oakland is a major West Coast port city on San Francisco Bay in the U.S. state of California. It is the eighth-largest city in the state with a 2010 population of 390,724...
passed Proposition Z, by a vote of 65-35 percent. Proposition Z made personal adult use, distribution, sale, cultivation, and possession of non-medical cannabis, the lowest priority for law enforcement. Proposition Z will allow the licensing, taxing, and regulation of cannabis sales if California law is amended to allow so. The proposition states the city of Oakland must advocate to the state of California to adopt laws to regulate and tax cannabis.
On November 7, 2006, Santa Barbara
Santa Barbara, California
Santa Barbara is the county seat of Santa Barbara County, California, United States. Situated on an east-west trending section of coastline, the longest such section on the West Coast of the United States, the city lies between the steeply-rising Santa Ynez Mountains and the Pacific Ocean...
, passed Measure P, by a vote of 66-34 percent. Measure P made non-medical cannabis offenses the lowest priority for law enforcement; this does not apply to the cultivation, distribution, sale, public use, or driving under the influence.
On November 7, 2006, Santa Cruz
Santa Cruz, California
Santa Cruz is the county seat and largest city of Santa Cruz County, California in the US. As of the 2010 U.S. Census, Santa Cruz had a total population of 59,946...
passed Measure K, by a vote of 64-36 percent. Measure K made adult non-medical cannabis offenses the lowest priority for law enforcement; this does not apply to cultivation, distribution, sale in public, sale to minors, or driving under the influence. The measure requests the Santa Cruz city clerk send letters annually to state and federal representatives advocating reform of cannabis laws.
In 2006, the San Francisco
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
Board of Supervisors passed a cannabis ordinance, by a vote of 8-3. This ordinance made adult cannabis offenses the lowest priority for law enforcement; this does not apply to the sale in a public place or driving under the influence. The ordinance states that the San Francisco government will urge state and federal authorities to enact similar laws.
On November 7, 2006, Santa Monica
Santa Monica, California
Santa Monica is a beachfront city in western Los Angeles County, California, US. Situated on Santa Monica Bay, it is surrounded on three sides by the city of Los Angeles — Pacific Palisades on the northwest, Brentwood on the north, West Los Angeles on the northeast, Mar Vista on the east, and...
passed Measure Y, by a vote of 65-35 percent. Measure Y made cannabis offenses the lowest priority for law enforcement. The measure states the city clerk of Santa Monica will encourage state and federal authorities to adopt similar laws.
In 2006, West Hollywood
West Hollywood, California
West Hollywood, a city of Los Angeles County, California, was incorporated on November 29, 1984, with a population of 34,399 at the 2010 census. 41% of the city's population is made up of gay men according to a 2002 demographic analysis by Sara Kocher Consulting for the City of West Hollywood...
City Council
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
passed a cannabis resolution, by a vote of 4-0, which made West Hollywood the first city in Southern California
Southern California
Southern California is a megaregion, or megapolitan area, in the southern area of the U.S. state of California. Large urban areas include Greater Los Angeles and Greater San Diego. The urban area stretches along the coast from Ventura through the Southland and Inland Empire to San Diego...
to adopt a lowest law enforcement priority law for cannabis offenses. The resolution stated "it is not the policy of the City or its law enforcement agency to target possession of small amounts of cannabis and the consumption of non-medical cannabis in private by adults".
Colorado
In 1975, ColoradoColorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
made possession under a one ounce of cannabis a petty offense punishable by a $100 fine; stricter punishments exist for possession over an ounce, sale, cultivation, or use or display in public.
In the November 2000 general election, Coloradoans passed Amendment 20, and the Colorado Department of Public Health and Environment (CDPHE) was tasked with implementing and administering the Medical Marijuana Registry program. In March 2001, the State of Colorado Board of Health approved the Rules and Regulations pertaining to the administration of the program, and on June 1, 2001, the Registry began accepting and processing applications for Registry Identification cards.
For years, patients could get small amounts of medical marijuana from "caregivers," the term used for growers and dispensers who could each supply only five patients. However, in 2007, a court lifted that limit and thus began what Coloradoans are referring to as the "Green Rush"--a medical marijuana business boom. Between 2000 and 2008, the state issued only about 2,000 medical marijuana cards to patients. By 2009, that number skyrocketed to more than 60,000 due to the unlimited amount of patients the dispensaries are now able to provide care for.
On November 1, 2005, Denver
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
passed the Denver Alcohol-Marijuana Equalization Initiative, by a vote of 54-46 percent. This initiative repealed municipal penalties for possession of one ounce of cannabis, but only for persons age 21 and older. However, this conflicts with state law, so police can still arrest for possession of cannabis because Colorado state and federal penalties remain in effect. For more info see Safer Alternative for Enjoyable Recreation
Safer Alternative for Enjoyable Recreation
Safer Alternative For Enjoyable Recreation is a non-profit organization based in Denver, Colorado. The SAFER campaign was initially launched in Colorado on the campuses of the University of Colorado at Boulder and Colorado State University in response to the alcohol overdose deaths of CSU...
.
On November 7, 2007, Denver passed an initiative to make cannabis the "lowest law enforcement priority". This was the third cannabis initiative sponsored by Safer Alternative for Enjoyable Recreation. However, officials seemed to disregard the "lowest law enforcement priority" law and arrests increased the following years. http://thelede.blogs.nytimes.com/2008/03/06/denver-officials-ignore-marijuana-votes/
On November 2, 2009, in the Summit County elections, the voters of Breckenridge approved Question 2F, decriminalizing possession of 1 oz. or less of marijuana and related paraphernalia for persons 21 years of age or older.
Connecticut
In June 2011, the state decriminalized possession of small amounts of marijuana. Offenders pay a $150 fine for a first offense and a fine ranging from $200 to $500 for subsequent offenses. Those younger than 21 face a 60-day driver's license suspension. Parephenalia has also been decriminalized as long as the person posses under 1/2 ounce of marijuana. You WILL still be arrested for under a 1/2 ounce or a pipe if you are in school zone.Hawaii
On November 4, 2008 Hawai’i County voters passed Ballot Question 1, the Lowest Law Enforcement Priority of Cannabis Ordinance, by 53.1% to 38.6% (with 8.3% blank votes). The law is now known as Chapter 14 Article 16 of the Hawai’i County Code and makes cannabis the lowest priority for Hawai’i County Police and Prosecutors. Under this ordinance, adults over the age of 21 may cultivate and possess up to 24 plants or 24 ounces of dried material on private property. The law makes it illegal for Hawai’i County to accept any funds for marijuana eradication programs. It also prohibits County Law Enforcement officials from being deputized or commissioned by Federal agencies for any activity that is inconsistent with the ordinance.Illinois
Cannabis is not decriminalized on a statewide basis.In March 2004, Carbondale, Illinois
Carbondale, Illinois
Carbondale is a city in Jackson County, in the state of Illinois, within the Southern Illinois region. It is located at the junction of Illinois Route 13 and U.S. Route 51, southeast of St. Louis, Missouri, on the northern edge of the Shawnee National Forest...
passed an ordinance which reduced the punishment for possession of less than 10 grams of cannabis or cannabis paraphernalia to a minimum fine of $250 in lieu of incarceration.
In late 2009, Cook County, Illinois (City of Chicago and some northern suburbs) also decriminalized cannabis possession of less than 10 grams or cannabis paraphernalia to a minimum fine for Unincorporated areas only as of 2009.
In February 2009, the City of Springfield, Illinois, passed an ordinance allowing possession of marijuana under 2.5 grams to per charged as an ordinance violation instead of as a crime.
In early 2010, the city of Urbana, Illinois decriminalized marijuana.
For the last ten years Sugar Grove, IL has had a similar decriminalization policy.
Kansas
Cannabis is not decriminalized on a statewide basis..In 2006, the city of Lawrence, Kansas
Lawrence, Kansas
Lawrence is the sixth largest city in the U.S. State of Kansas and the county seat of Douglas County. Located in northeastern Kansas, Lawrence is the anchor city of the Lawrence, Kansas, Metropolitan Statistical Area, which encompasses all of Douglas County...
passed an ordinance imposing fines but no jail time for cannabis possession.
Louisiana
In early 2011, the port city of New Orleans, LouisianaNew Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...
decriminalized possession of marijuana. The City Council passed ordinance in the previous months making possession of small amounts of cannabis no longer a criminal offense, so the police could focus on apprehending more violent criminals. Newly elected Police Superintendent Ronal Serpas was quoted as saying the change was "not being soft on crime but smart on crime."
Maine
Decriminalized? – Yes. Possession of less than 2.5 oz is a civil violation, punishable by a fine of $200-600. Subsequent violations within 6 months results in an additional $550 fine.Possession of 2.5 oz or more is a ‘prima facie’ case (fancy words for ‘the facts speak for themselves’) for intent to distribute.
Cultivation of 5 plants or less is a class E misdemeanor, punishable by 6 months in jail and a $1,000 fine.
Cultivation of 5-100 plants is a class D misdemeanor, punishable by 1 year in jail and a $2,000 fine.
Cultivation of 100-500 is a class C felony, punishable by 5 years in prison and a $5,000.
Cultivation of more than 500 plants is a class B felony, punishable by 10 years in prison and a $20,000 fine.
Distribution of 1lb or less is a class D misdemeanor, punishable by 1 year in jail and a $2,000 fine.
Distribution of 1-20lbs is a class C felony, punishable by 5 years in prison and a $5,000 fine.
Distribution of 20lbs or more is a class B felony, punishable by 10 years in prison and a $20,000.
Selling any amount to a minor or within 1,000 feet of a school or of a school bus is a class C felony, punishable by 5 years in prison and a $5,000 fine.
Possession and use of paraphernalia is a civil violation, punishable by a $300 fine, no criminal charges.
Selling paraphernalia is a misdemeanor, punishable by 6 months in jail and a $1,000 fine.
Selling paraphernalia to a minor is a misdemeanor, punishable by 1 year in jail and a $2,000 fine.
Upon conviction, the court can, but does not automatically, suspend or revoke the offender’s driver’s license.
Medical Program? – Yes.
Massachusetts
On March 28, 2000, AmherstAmherst, Massachusetts
Amherst is a town in Hampshire County, Massachusetts, United States in the Connecticut River valley. As of the 2010 census, the population was 37,819, making it the largest community in Hampshire County . The town is home to Amherst College, Hampshire College, and the University of Massachusetts...
passed a non-binding referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
by a vote of 63-37 percent. The referendum "deprioritized" adult possession of cannabis and urged "the members of the Selectboard and the Town Manager to persuade our state representative, state senator, U.S. representative and U.S. senators to repeal the prohibition of cannabis".
On February 16, 2006, The Herald News
The Herald News
The smaller of the two main newspapers in Massachusetts' South Coast, The Herald News is a daily newspaper based in Fall River, Massachusetts, USA...
reported that the Joint Mental Health and Substance Abuse Committee of the Massachusetts General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
voted 6-1 in favor of a bill that would have made possession of less than an ounce of cannabis a civil fine of $250.
On November 4, 2008, state voters approved to decriminalize the possession of marijuana. Any person caught with less than an ounce of marijuana, hash, hash oil, or smoking in public is punishable by a civil fine of $100. The new law took effect in January 2009. Since the law has taken effect, towns have amended the law, making it a more major fine for being caught smoking in public.
Michigan
Cannabis is not decriminalized on a statewide basis for non-medicinal purposes, but with the November 2008 election, Proposal 1 was passed by a majority of voters allowing medical marijuana to be cultivated, possessed, and used by individuals who apply for and receive a state ID issued on the basis of one of an enumerated list of chronic medical conditions.In Ann Arbor
Ann Arbor, Michigan
Ann Arbor is a city in the U.S. state of Michigan and the county seat of Washtenaw County. The 2010 census places the population at 113,934, making it the sixth largest city in Michigan. The Ann Arbor Metropolitan Statistical Area had a population of 344,791 as of 2010...
, since a 1974 voter referendum, cannabis possession, control, use, and giving away or selling in the city has been subject merely to a small civil-infraction fine. City police charge violators under the local law rather than under the far stricter state laws. The amount of the fine has been altered in subsequent referenda, and as of 2008 stands at $25 for a first offense, $50 for a second offense, and $100 for the third and subsequent offenses. In 2004, Ann Arbor voters reaffirmed the civil-infraction penalty, passing Proposal C, by a vote of 75-25 percent. The measure capped penalties for the third offense and subsequent offenses at $100.
Minnesota
Possession and sale of less than 42.5 grams (1.5 ounces) of cannabis is a misdemeanor punishable by a $200 fine and possible drug education; stricter punishments exist for possession of more than 1.4 grams (0.049 ounces) in a motor vehicleMotor vehicle
A motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
, driving under the influence, or sale to a minor.
Missouri
Cannabis is not decriminalized on a statewide basis in MissouriMissouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, although since 1999, as with all other drugs in Missouri, first-time cases of possession of cannabis no longer are prosecuted in ordinary state court, but rather in specialized drug court
Drug court
Drug Courts are judicially supervised court dockets that handle the cases of nonviolent substance abusing offenders under the adult, juvenile, family and tribal justice systems...
s. By law, treatment, rather than punishment, is the express object of any drug court action in Missouri. Despite the drug courts, however, as it stands, simple possession of less than 35 grams of cannabis is a class-A misdemeanor in Missouri, theoretically punishable by up to one year in prison and a fine of $1000.
In 2004, voters in the city of Columbia
Columbia, Missouri
Columbia is the fifth-largest city in Missouri, and the largest city in Mid-Missouri. With a population of 108,500 as of the 2010 Census, it is the principal municipality of the Columbia Metropolitan Area, a region of 164,283 residents. The city serves as the county seat of Boone County and as the...
passed Proposition 2 by 61-39 percent. Proposition 2 made cannabis the "lowest priority" for law enforcement, and for possession of cannabis under 35 grams (1.25 ounces) of cannabis the offense was reduced municipally to a civil fine of a maximum of $250, with no possibility of criminal retribution, arrest, or incarceration. That law has since been revised, allowing only first time offenders to escape prosecution and instead pay the fine.
Mississippi
Cannabis has been decriminalized for the possession of 30 grams or less. If you have 30g or less, it is a misdemeanor with no arrest and a fine of $100-$250. If you possess 30 grams or less in a motor vehicle it is a misdemeanor with a possibility of 90 days in jail and a $1000 fine.While the state of Mississippi has decriminalized marijuana possession of less than 30g, most local communities, counties, and municipalities maintain strict, zero tolerance ordinances regarding possession. Thousands of Mississippians are arrested each month for possession of less than 30g of marijuana.
Possession of 30 grams or more is a felony.
Montana
Cannabis is not decriminalized on a statewide basis.On November 7, 2006, Missoula County
Missoula County, Montana
-National protected areas:*Bitterroot National Forest *Flathead National Forest *Lolo National Forest *Rattlesnake National Recreation Area-Demographics:...
passed Initiative 2, by a vote of 54.23-45.78 percent. Initiative 2 encouraged that adult cannabis use be the lowest priority for county law enforcement.
Nebraska
Possession of one ounce or less a civil citation punishable by a $300 fine: stricter punishments exist for sale or subsequent offenses.Nevada
In 2002, NevadaNevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
made possession of any amount of cannabis for non-medical use by persons age 21 or older punishable by a $600 fine or drug treatment; stricter punishments exist for multiple offenses, cultivation, sale, or driving under the influence. Also, for adults under age 21 and minors, possession of less than one ounce of cannabis is a class E felony, punishable by one to four
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
years in prison and a fine of up to $5000. It is unclear whether persons under age 21 convicted of cannabis crimes would lose their voting rights, since the Twenty-sixth Amendment to the United States Constitution
Twenty-sixth Amendment to the United States Constitution
The Twenty-sixth Amendment to the United States Constitution limited the minimum voting age to no more than 18. It was adopted in response to student activism against the Vietnam War and to partially overrule the Supreme Court's decision in Oregon v. Mitchell...
states that persons age eighteen or older shall not be denied the right to vote on account of age, and voting rights would only be lost because the criminal is under age 21.
New York
Possession of 25 grams (0.88 ounces) or less of cannabis is a civil citation punishable by up to a $250 fine and a $100 court surcharge; stricter punishments exist for sale, cultivation, or subsequent offenses. If found in a public place with marijuana burning or in public view, offender can be charged with a misdemeanor, fined $500, and incarcerated up to 3 months.First-time offenders of all marijuana possession laws and some marijuana sale laws are, with some exception, granted an automatic adjournment of their case in contemplation of dismissal ("ACD"), meaning that if the offender commits no crimes and abides by any conditions set by the court, his or her case will be automatically dismissed after six months.
North Carolina
Possession of .5 ounce is a misdemeanor punishable by 30 days in jail (suspended sentence mandatory) and a $200 fine: possession of over .5 ounce to 1.5 ounces is a misdemeanor punishable by 1–120 days in jail (community service or probation possible) and a $500 fine: stricter punishments exist for possession of amounts over 1.5 ounces, sale, or cultivation. Sale or delivery of less than five grams, for no remunerationRemuneration
Remuneration is the total compensation that an employee receives in exchange for the service they perform for their employer. Typically, this consists of monetary rewards, also referred to as wage or salary...
, is considered possession.
Ohio
In 1975, OhioOhio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
made possession and cultivation of less than 100 grams (3.5 ounces) of cannabis and a gift of 20 grams (0.7 ounces) or less of cannabis a minor misdemeanor (same class as minor traffic violations) punishable by a $100 fine, a 6 month to 5 year drivers license suspension and a suspension of any professional licenses. According to the Ohio Revised Code, although possession of less than 100 grams is only a minor misdemeanor, possession of drug paraphernalia, which may include a bowl or bong
Bong
A bong is a filtration device/apparatus generally used for smoking cannabis, tobacco,or other herbal substances.In construction and function a bong is similar to a hookah, except smaller and more portable...
, is a misdemeanor with a maximum of 30 days in prison. Trafficking
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
cannabis is a felony.
Oregon
In 1972, OregonOregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
became the first state to decriminalize cannabis. Laws changed again in 1995 that reduced penalties. Possession of one ounce or less became legally defined as a "violation" (a crime that is considered a lesser offence than a misdemeanor) and now is punishable by a $500 to $1,000 fine that can be, in some jurisdictions, paid off by means of community service. Possession of multiple containers of any weight, or possession of more than one ounce can sometimes add the additional crime "Intent to Sell." In some cases, people who have no marijuana, but are caught at the scene of a drug bust are charged with "Frequenting." Stricter punishments exist for sale, cultivation, and proximity to schools.
Pennsylvania
On April 5, 2010, Philadelphia decriminalized cannabis. Possession of 30 grams or less is punishable by a $200 fine for first time offenders and a $300 fine for all others. For possession of more than 30 grams, the punishment is unchanged.Texas
In theory, Texas law enforcement officers have the option of ticketing offenders in possession of less than 4 ounces (class B misdemeanor) instead of arresting. In practice, however, Travis County (Austin) is the only jurisdiction that opts for this. Most such cases get dismissed in Travis County after paying a fine, providing community service, and taking drug classes, depending on such factors as the details surrounding the arrest and the offender's criminal history.Washington
Possession of less than 40 grams of cannabis is a misdemeanor crime in Washington state, punishable by a minimum mandatory sentence ranging from 1 to 90 days.On February 19, 2009, SB 5615 - 2009-10 was introduced in the state legislature. The bill would have
reclassified possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction.
The bill did not pass.
Wisconsin
Cannabis is not decriminalized on a statewide basis.On April 5, 1977, Madison
Madison, Wisconsin
Madison is the capital of the U.S. state of Wisconsin and the county seat of Dane County. It is also home to the University of Wisconsin–Madison....
passed Ordinance 23.20, which made possession of less than 112 grams (almost a quarter pound) of marijuana or 28 grams of cannabis legal when for personal use in a private place.
On May 13, 1997, Milwaukee mayor John Norquist
John Norquist
John Olof Norquist is an American politician and 37th mayor of Milwaukee, Wisconsin. He served as mayor from 1988 until he left office in 2004 to lead the Congress for the New Urbanism.-Personal background:...
signed a measure into law, which made possession of less than 25 grams (0.88 ounces) of cannabis a municipal ordinance violation with a fine of $250 to $500 or imprisonment for 20 days. Although, prosecutors in Milwaukee can still charge offenders under more severe state law.
See also
- Cannabis in the United StatesCannabis in the United StatesThe use, sale and possession of cannabis in the United States is illegal under federal law. However, some states have created exemptions for medical cannabis use....
- Decriminalization of non-medical cannabis in the United States
- Health issues and the effects of cannabisHealth issues and the effects of cannabisThe effects of cannabis are caused by cannabinoids, most notably the chemical substance tetrahydrocannabinol . Cannabis has both psychological and physiological effects on the human body...
- Legal and medical status of cannabisLegal and medical status of cannabisCannabis is in Schedule IV of the Single Convention on Narcotic Drugs, making it subject to special restrictions. Article 2 provides for the following, in reference to Schedule IV drugs:...
- Legal history of cannabis in the United States
- Legal issues of cannabisLegal issues of cannabisThe legality of cannabis has been the subject of debate and controversy for decades. Cannabis is illegal to consume, use, possess, cultivate, transfer or trade in most countries...
- Legality of cannabis by country
- Medical cannabisMedical cannabisMedical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...
- NORML
- Removal of cannabis from Schedule I of the Controlled Substances Act
- Single Convention on Narcotic DrugsSingle Convention on Narcotic DrugsThe Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
External links
- State by state cannabis laws from NORMLNational Organization for the Reform of Marijuana Laws (United States)The National Organization for the Reform of Marijuana Laws is an American non-profit organization based in Washington, DC whose aim is to move public opinion sufficiently to achieve the legalization of non-medical marijuana in the United States so that the responsible use of cannabis by adults is...