Californians are now be able to legally smoke marijuana recreationally. The state joins six other states who have also made recreational cannabis legal including, Nevada, Oregon and Washington. The new law allows anyone over the age of 21 to grow cannabis and buy it at select stores. Farmers can have up to six plants and consumers can have up to an ounce.
You will have to keep it at home though, since using marijuana in public spaces is still illegal under the new law, including places where smoking tobacco is illegal. This is huge news for the state — the pot industry is projected to be worth up to $7 billion, yes billion with a B, making California the biggest legal marijuana market in the world. Although most states are looking to decriminalize the plant, some states are still considering possession a felony which has resulted in an influx in state prisons.
Which states have the harshest laws and punishments?
A whopping 60% of Americans support the full legalization for adults. However, in several states, the plant is still illegal. In some cases, charges could lead up to life in prison depending on prior offenses and the amount you get caught with. If you are traveling with your stash, these are the states you most definitely want to avoid.
Alabama
You can get up to one year in jail and a $6,000 fine for having any amount of marijuana on you. If you are caught selling or cultivating it you could see tens of thousands in fees and up to 20 years in jail. Treading lightly in the state would be an understatement.
Texas
In Texas, having more than two ounces of weed can land you in jail for up to six months. Dallas attorneys say more than 75 people are arrested for possession in marijuana in the area each month. Because of the frequency of arrests, the city passed an ordinance in December called “cite and release” which helps avoid jail time for those cited for marijuana possession. Currently, the state has nearly 120 people serving life sentences on charges of drug possession.
Arizona
Arizona is another state that has strict rules on the plant. It doesn’t matter how much marijuana you are caught with, a possession charge is an automatic felony. Every year, around 22,000 people are arrested in the state for possession, use or sale. In fact, the shortest amount of jail time for possession is between four months and two years and a hefty fine of $150,000.
Indiana
Similar to other states with strict laws, you are not allowed to have any amount of marijuana on you in Indiana. If you’ve already had a run-in with the law you could face up to one year in jail and a $5,000 fee.
Louisiana
There is no messing around in Louisiana — the laws are not forgiving, for distribution of any amount could get you 30 years in prison and a $50,000 fine. If you have a prior offense you could face 60 years in prison. Regardless of how much you're caught with, if your charge is considered distribution you might be spending a lifetime behind bars and facing expensive lawyer bills.
What states are leaning towards legalization?
As the industry continues to grow, as many as 12 states are currently considering a move to legalize recreational marijuana and make medical marijuana more accessible.
Vermont
The state approved recreational marijuana last summer, but the measure was vetoed by Republican governor Phil Scott. However, this year he says he plans on approving the measure due to the surrounding states that have legalized it. The proposal would look similar to California’s law, with adults being allowed at least one ounce of marijuana and cultivate up to two plants. For anyone breaking the law, they would face a small fee or less than three years in prison.
New Jersey
The state is currently looking at a proposed plan to legalize recreational marijuana. The state’s governor has said that legalizing marijuana will help alleviate social justice imbalances. New Jersey police set a record high of marijuana possessions back in 2015 with tens of thousands of arrests.
Michigan
The state is pushing for legalization of recreational marijuana after more than 360,000 residents signed a petition in favor of the proposal last year. In order to get the entire state to vote on this initiative, they will need approval from the secretary of state’s office to see if they hit their signature goal.
Delaware
Supporters are going to fight a tougher battle in Delaware because the state doesn’t allow ballot initiatives. This means advocates can’t gather votes and get the initiative added to the state’s ballot. Instead, advocates will have to go through the statehouse.
Rhode Island, Connecticut, and Ohio are all considering recreational marijuana as well. Meanwhile, Oklahoma, Kentucky, South Dakota, Missouri, and Utah are all working on medical marijuana initiative. You can find the full list of states who are pushing to legalize weed here.
How will this affect the “war on drugs?”
The war on drugs was spearheaded by President Richard Nixon in the 1980s. It increased the size of federal drug control agencies and pushed mandatory sentencing. The President quickly put marijuana on the list of the most restricted drugs despite the commission advising against it. After Nixon’s presidency, his aide later admitted to lying about drugs to push their campaign rhetoric.
The war on drugs resulted in a flood of people getting jailed each year for non-violent drug offenses. Because of the legalization of marijuana, people who have prior marijuana-related convictions can now try to petition a court to clear their record or lessen their punishment. While marijuana has a long way before becoming as legal as alcohol across the nation, the power of advocates, petitions, and voters is seen.