The 5 Worst States to Get Busted With Pot
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3. Florida. According to a 2009 state-by-state analysis by researcher and former NORML Director Jon Gettman, no other state routinely punishes minor marijuana more severely than does the Sunshine State. Under Florida law, marijuana possession of 20 grams or less (about two-thirds of an ounce) is a criminal misdemeanor punishable by up to one-year imprisonment and a $1,000 fine. Marijuana possession over 20 grams, as well as the cultivation of even a single pot plant, are defined by law as felony offenses – punishable by up to five years in prison and a $5,000 fine. In recent years, state lawmakers have revisitedthe state’s marijuana penalties – in each case electing to enhance Florida’s already toughest-in-the-nation criminal punishments.
Ironically, despite the Sunshine State’s long history as one of the nation’s stiffest pot prosecutors, law enforcement have steadfastly refused to report their annual marijuana arrest data to the Federal Bureau of Investigation. Illinois is the only other state that elects to withhold this information from federal statisticians.
4. Louisiana. On May 6 the Associated Press reported on the case of Cornell Hood II, who received a life sentencefor possessing two pounds of pot. Hood received the maximum sentence under Louisiana’s habitual drug offender law because he had three prior marijuana convictions, although none of them were significant enough to result in even a single day of jail time.
Multi-decade sentences for repeat pot offenders are hardly a rare occurrence. Under Louisiana law, a second pot possession conviction is classified as a felony offense, punishable by up to five years in prison. Three-time offenders face up to 20 years in prison. According to a 2008 exposepublished in the New Orleans City Business online, district attorneys are not hesitant to “target small-time marijuana users, sometimes caught with less than a gram of pot, and threaten them with lengthy prison sentences.”
Each year, cops make nearly 19,000 pot busts in the Bayou State – some 91 percent for simple possession – and according to Gettman, only three other states routinely punish minor offenders so severely.
5. Arizona. Forty years ago virtually every state in the nation defined marijuana possession as a felony offense. Today, only one state, Arizona, treats first-time pot possession in such an archaic and punitive manner.
Under Arizona law, even minor marijuana possession offenses may be prosecuted as felony crimes, punishable by up to 18 months in jail and a $150,000 fine. According to Jon Gettman’s 2009 analysisonly Florida consistently treats minor marijuana possession cases more severely.
Annually, some 22,000 Arizonans are busted for pot and 92 percent of those arrested are charged with possession only. Citing the rising costs of these prosecutions at a time of shrinking state budgets, first-term GOP House lawmaker John Fillmore (Apache Junction) recently introduced legislation, HB 2228, to reduce pot possession to a non-criminal petty offense, punishable by no more than a $100 fine. So how did his supposedly "small government, no nanny state" colleagues respond to his proposal? With “a lot of smiles and laughs,” Fillmore told the Phoenix New Times . Predictably, HB 2228 failed to even receive a legislative hearing from his fellow lawmakers.
For a comprehensive breakdown of state-by-state marijuana penalties, visit NORML’s online map. Jon Gettman’s 2009 analysis, "The Marijuana Policy Almanac: Marijuana Arrests in the United States," is available online.
Paul Armentano is the deputy director of NORML (the National Organization for the Reform of Marijuana Laws), and is the co-author of the book Marijuana Is Safer: So Why Are We Driving People to Drink (2009, Chelsea Green).