Most of the earlier legalization laws removed state penalties for possession of a modest amount of cannabis and regulated commercial activity but did not reduce penalties for unlicensed sales. In several cases, even low-level sales remained felonies. Now, legalization states are increasingly working to reduce the harsh penalties for low-level sales to avoid harshly penalizing individuals who are simply trying to make ends meet.
At least seven states reduced penalties for some or all unregulated sales either as part of legalization or shortly thereafter. Three of those states — Connecticut, New Jersey, and New York — “decriminalized” low-level sales as part of legalization. (Connecticut and New Jersey’s laws apply to first offenses only.)
MPP embraces the benefits of a regulated cannabis market. The illicit market can be dangerous for all parties involved — illicit products can have dangerous additives and pesticides, and all parties are at risk of robbery and violence. However, harsh sentences for low-level sales are not an effective or just approach. The primary reason bootleg alcohol is vanishingly rare in modern times is because the legal market is more efficient and more desirable. Legalization states that want to have a quicker and more complete transition to the legal market should also avoid unnecessary, costly regulatory burdens and excessive taxes, and should license enough stores to meet demand.
To foster equity, legalization states should also prioritize communities that have been devastated by discrimination and the war on drugs in business licensing and create training programs and other incentives for employment for impacted individuals.
Here are penalties for low-level sales and for larger amounts in each legalization state:*
State
Penalty After Legalization for Low-Level Sales
Penalty After Legalization for Sales of Larger Amounts
Notes and Citations
* Most or all of the states have higher penalties in some cases, such as near schools or sales to minors. Also, legalization states typically have no penalties for gifting modest amounts to other adults.
The information in this chart is for informational purposes only and does not constitute legal advice.
