With the rapidly changing state of cannabis laws across the country, it can be confusing for weed-lovers to understand the laws and regulations of the places they live and visit.
For people traveling or unsure of their state’s rules, it is important to take a look at the states where weed is decriminalized. While a state may have a medical program, it could still be illegal to use cannabis recreationally.
To avoid finding yourself in serious trouble criminally and financially, take a look at all of the current states where weed is decriminalized but not fully legal.
U.S. States Where Weed is Decriminalized But Not Fully Legal
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Delaware
While Delaware has an existing medical cannabis program, it is not currently legal to use cannabis recreationally in the state. A strong majority of state citizens support legalization. As a result, the state is working on legislation to fully legalize it.
Possession of up to one ounce of cannabis will result in a $100 fine with no possibility of jail. Previously, possession of cannabis was classified as a misdemeanor punishable by up to a $575 fine and up to three months in jail.
Hawaii
Weed is not legal in Hawaii for recreational use. Luckily, it is decriminalized and medicinal weed is legal. Hawaii allows for up to three grams of cannabis and replaces criminal penalties with a $130 fine. Further, the state is working on passing a bill that will legalize the possession, cultivation, and sale of cannabis.
Louisiana
Louisiana passed its decriminalization legislation in 2021. Firstly, the state has expanded its medicinal program in the past year and is working on long-term legislation. Citizens will be penalized for possession of up to 14 grams (or 0.49 oz.) of cannabis with a fine of $100. People unable to pay will have the opportunity to perform community service or pay in installments. Penalties for possession of over 14 grams remain harsh.
Maryland
While Maryland is one of the states where weed is decriminalized, the state had further measures to take to keep cannabis possession from being unfairly criminalized. Since even after decriminalization in 2014, African Americans in the state were disproportionately arrested for possession. This led the Baltimore City State’s Attorney’s office to stop prosecuting cannabis possession altogether.
Minnesota
Minnesota’s medical cannabis program has expanded greatly, and the state has decriminalized possession of weed. Additionally, the current law allows for 42.5 grams or less to be punished as a petty misdemeanor. This does not apply to resinous forms of cannabis.
Mississippi
Mississippi legislation voted against the bill for a medical cannabis program. Luckily, it is one of the states where weed is decriminalized. First-time possession of 30 grams or less is punishable by a $250 fine instead of jail time. As long as the offender provides proof of identity and a written promise to appear in court, they will not be arrested. However, possession of paraphernalia — like the baggie cannabis is in — remains a criminal offense punishable by up to six months.
Missouri
Missouri has decriminalized the possession of 10 grams or less of cannabis. This is punishable by a fine only, but greater amounts are punishable by jail time. Additionally, the offense is still considered a criminal offense in the form of a misdemeanor.
Nebraska
Nebraska is one of the few states where cannabis remains fully illegal. Their process for cannabis-related penalties changes for each conviction.
Possession of one ounce or less the first time is an infraction that is punishable by a fine of $300 as well as a possible court-ordered drug education course. A second conviction could result in a fine of $500. Lastly, all subsequent convictions may result in up to 7 days in jail and a fine of $500.
New Hampshire
Under New Hampshire’s decriminalization law, penalties are reduced for having ¾ of an ounce. For adults 18 and up, the first two offenses will result in a $100 fine if within 3 years. Lastly, the third offense will have a $300 fine, and any others will have up to $1,200 in fines and be charged as a misdemeanor.
North Carolina
Cannabis is fully illegal in North Carolina. As far as decriminalization goes, the state is still pretty strict on weed. A half-ounce or less of cannabis will result in a class 3 misdemeanor. However, you will not receive any jail time regardless of your criminal record.
North Dakota
North Dakota is one of the many states where weed has been decriminalized. The possession of up to a half-ounce is classified as an infraction and is punishable with a max fine of $1,000. Previously, the same offense was punishable with jail time.
Ohio
In Ohio, individuals possessing less than 3.5 ounces (100 grams), giving 20 grams or less to another person, or growing less than 100 grams are considered minor misdemeanors. These offenses are punishable by a maximum fine of $150. This is not a jailable offense but can result in a suspended driver’s license ranging from 6 months to 5 years.
Rhode Island
Small amounts of cannabis are decriminalized in Rhode Island. This offense is punishable by $150 for the first offense. Finally, if a person has three citations within 18 months, they may be charged with a misdemeanor.
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