What are the penalties for drug possession in my state?

Drug Possession Penalties by State

Illegal drug possession penalties vary widely across different states. Some take a harder stance by imposing mandatory minimum sentences, while others focus more on rehabilitation and treatment. Understanding the potential punishments in your state can help you assess the legal risks.

Alabama

Alabama punishes possession based on the type and weight of the drug. For example, possession of:

• Less than 2.2 lbs marijuana – Class A misdemeanor, up to 1 year in jail
• Less than 2 grams cocaine – Class C felony, 1 to 10 years in prison
• Less than 2 grams meth – Class B felony, 2 to 20 years in prison

Penalties increase for trafficking larger amounts of controlled substances.

Alaska

In Alaska, possession of any amount of a controlled substance other than marijuana is a Class C felony punishable by up to 5 years in prison and a $50,000 fine. Marijuana possession penalties are:

• Less than 1 oz marijuana – Class B misdemeanor, up to 90 days in jail and $2,000 fine
• 1-4 oz marijuana – Class A misdemeanor, up to 1 year in jail and $10,000 fine

Arizona

Arizona grades possession based on the drug schedule, with steeper penalties for drugs like heroin than marijuana. For instance:

• Less than 2 lbs marijuana – Class 6 felony, 4 months to 2 years in prison
• Any amount of cocaine – Class 4 felony, 1 to 3.75 years in prison
• Any amount of heroin – Class 4 felony, 1 to 3.75 years in prison

Arkansas

Arkansas punishes possession of a controlled substance, excluding marijuana, as a Class D felony with up to 6 years in prison and a $10,000 fine. For marijuana, penalties are:

• Less than 4 oz – Class A misdemeanor, up to 1 year in jail
• 4 oz to 10 lbs – Class D felony, up to 6 years in prison
• 10-100 lbs – Class C felony, 3 to 10 years in prison

California

California passed Proposition 47 in 2014, reclassifying simple possession of most drugs as misdemeanors. Penalties include:

• Possession of most drugs – Misdemeanor, up to 1 year in jail
• Concentrated cannabis – Misdemeanor, up to 1 year in jail
• Possession while armed – Felony, 16 months, 2 years or 3 years in prison

Colorado

In Colorado, illegal drug possession penalties range from a petty offense to a Level 4 drug felony. For instance:

• Less than 2 oz marijuana – Petty offense, $100 fine
• 2-6 oz marijuana – Level 1 drug misdemeanor, 6-18 months in jail, $500-$5,000 fine
• Any amount Schedule I or II drug – Level 4 drug felony, 6 months-1 year in prison, $1,000-$100,000 fine

Connecticut

Connecticut grades illegal drug possession based on the substance and amount possessed. For example:

• Less than 1/2 oz of marijuana – Civil penalty, $150 fine
• Less than 1/2 oz of any other drug – Class A misdemeanor, up to 1 year in jail, $2,000 fine
• 1-4 oz of a narcotic – Class D felony, 1-5 years in prison, up to $5,000 fine

Delaware

In Delaware, possession of a controlled substance or counterfeit controlled substance in Tier 1 quantity is a class B misdemeanor. Tier 1 includes:

• Less than 5 grams of cocaine
• Less than 2 grams of heroin
• Less than 10 grams of methamphetamine
• Less than 15 grams of fentanyl
• Less than 175 grams of marijuana

Penalties for Tier 1 are up to 6 months in jail and a $1,150 fine. Tier quantities increase for more serious felony charges.

Florida

Florida punishes possession of 20 grams or less of cannabis as a first degree misdemeanor. Possession of any other controlled substance in Florida is a third degree felony punishable by up to 5 years in prison and a $5,000 fine.

Georgia

Georgia imposes misdemeanor punishments for first and second convictions of possession of less than 1 oz of marijuana. For all other drugs, and third or subsequent marijuana possession, penalties are:

• Less than 2 grams of solid substance – 1-3 years in prison
• Less than 2 grams of liquid substance – 1-3 years in prison

Hawaii

Hawaii recently decriminalized possession of 3 grams or less of marijuana. Penalties are now:

• 3 grams or less marijuana – Civil violation, $130 fine
• More than 3 grams marijuana – Petty misdemeanor, up to 30 days in jail, $1,000 fine
• Any amount of Schedule I, II, III, or IV drug – Class C felony, up to 5 years in prison, $10,000 fine

Idaho

Idaho categorizes possession based on the type and amount of the drug. For instance:

• 3 oz or less of marijuana – Misdemeanor, up to 1 year in jail, $1,000 fine
• More than 3 oz of marijuana – Felony, up to 5 years in prison, $10,000 fine
• Any amount of heroin, cocaine, methamphetamine – Felony, up to 7 years in prison, $15,000 fine

Illinois

Illinois punishes possession of:

• Less than 10 grams of heroin, cocaine, morphine – Class 4 felony, 1-3 years in prison, fines up to $25,000
• Less than 5 grams meth – Class 3 felony, 2-5 years in prison, fines up to $25,000
• 10-30 grams cannabis – Class B misdemeanor, up to 6 months in jail, $1,500 fine

Indiana

Indiana categorizes possession offenses into levels, with more serious penalties for narcotics than marijuana. For example:

• Less than 30 grams marijuana – Class B misdemeanor, up to 180 days in jail, $1,000 fine
• Cocaine, methamphetamine, narcotics – Level 6 felony, 6 months-2.5 years in prison, $10,000 fine
• 10-28 grams cocaine – Level 5 felony, 1-6 years in prison, $10,000 fine

Iowa

Iowa punishes first offense possession of a controlled substance, excluding marijuana, as a serious misdemeanor. For marijuana first offenses, penalties are:

• Any amount of marijuana – Serious misdemeanor, up to 6 months in jail, $1,000 fine
• Any amount of hashish, concentrated cannabidiol – Aggravated misdemeanor, up to 2 years in jail, $6,250 fine

Kansas

Kansas categorizes possession based on drug type and quantity. For example:

• Less than 450 grams marijuana – Class A misdemeanor, up to 1 year in jail, $2,500 fine
• Less than 1 gram heroin or methamphetamine – Level 5 felony, up to 42 months in prison, $100,000 fine
• Less than 3.5 grams cocaine – Level 4 felony, up to 51 months in prison, $100,000 fine

Kentucky

Kentucky punishes possession of controlled substances as follows:

• First offense – Class D felony, 1-5 years in prison
• Second offense – Class D felony, 1-5 years in prison
• Third offense – Class C felony, 5-10 years in prison
• Fourth or subsequent offense – Class C felony, 5-10 years in prison

Penalties increase if aggravating factors like firearms are involved.

Louisiana

Louisiana divides penalties between marijuana and other controlled dangerous substances (CDS). For instance:

• First marijuana offense – Misdemeanor, up to 6 months in jail, up to $500 fine
• Second marijuana offense – Misdemeanor, up to 5 years in prison, up to $2,000 fine
• First CDS offense – Misdemeanor, up to 5 years in prison, up to $5,000 fine
• Second CDS offense – Felony, 5-30 years in prison with hard labor

Maine

Maine legalized recreational marijuana, but still punishes possession of other drugs. Penalties include:

• Cocaine, meth, heroin – Class C crime, up to 5 years in prison, $5,000 fine
• Psilocybin – Class D crime, less than 1 year in jail, $2,000 fine
• Schedule W drug – Class E crime, 6 months in jail, $1,000 fine

Maryland

Maryland divides penalties between marijuana and CDS possession. For example:

• Less than 10 grams marijuana – Civil offense, $100 fine
• Any CDS except marijuana – Misdemeanor, up to 4 years in prison, $25,000 fine
• CDS while armed – Felony, up to 5 years in prison, $15,000 fine

Massachusetts

Massachusetts legalized recreational marijuana but still punishes other drug possession. Penalties include:

• Class B substance (cocaine) – Misdemeanor, up to 1 year in jail, $1,000-$5,000 fine
• Class E substance (LSD, heroin, meth, ecstasy) – Misdemeanor, up to 2 years in jail, $1,000-$10,000 fine

Michigan

Michigan has legalized recreational marijuana. But possession of other controlled substances remains illegal, with penalties such as:

• Cocaine, LSD, ecstasy – 4 year felony, up to 2 years in prison
• Heroin, meth – 10 year felony, up to 10 years in prison
• Date rape drugs – 15 year felony, up to 15