Since I’m in a map-making mood, I present to you my newest creation – the Marijuana Felony Possession Minimums Map, generated with our data from the NORML State Database.
The minimum amount necessary to trigger a felony charge is color-coded from the extreme low end of 20 grams in purple, to 1 ounce amounts in red, quarter pounds in orange, one pound in yellow, and a full kilogram (2.2 pounds) in dark green. This means a scant ¾ of an ounce makes you a felon in Florida, but it takes a full pound in Utah to be a felon, and Alabama won’t consider you a felon until you have a kilogram.
Some states that are lenient on the first offense of possession aren’t so understanding on the second. Louisiana, Oklahoma, Kansas, and Wisconsin will consider you a felon for possessing any amount of marijuana if it is your second offense.
Other states may not be colored and are still gray. These are the states that don’t have felony possession charge in statute; all possession is a misdemeanor. However, in those states it is highly likely that large amounts would be prosecuted as felonies for intent to sell.
Finally, states that have decriminalized personal possession are bordered with bright green. In these states, possession of less than 1 ounce (100 grams in Ohio) is not even a misdemeanor, but rather a civil infraction with a fine and no jail time and no criminal record. However, in those states sometimes other charges are used to bring about a misdemeanor and arrest (like New York, where suspects are coaxed into displaying the marijuana in public, which is a misdemeanor, or Massachusetts, where suspects holding paraphernalia are charged with a misdemeanor for that.) Also many decriminalized states will suspend one’s driving privileges for possession, which is an administrative action