Sorry to kill the 4/20 buzz, but dozens of people will die in US jails for pot charges

The public supports relaxing weed laws, but some states haven’t caught up

Georgina Gustin
Timeline
3 min readApr 20, 2016

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© AP Photo/Gary Kazanjian

By Georgina Gustin

While the country’s pro-legalization contingent is celebrating the increasing relaxation of state marijuana laws on “4/20” day, the truth is possessing a little weed in some places can still land you in jail for a long, long time.

On Monday, the US Supreme court refused to hear an appeal from a 76-year-old Alabama man who was busted for growing plants in his son’s backyard, even though he was cultivating them for medicinal reasons and never intended to sell. Under his state’s law he’ll spend the rest of his life behind bars.

He’s not the only person who’ll likely die in prison for selling a plant that most Americans, according to polls, believe should be legal. At least 54 people were handed life sentences by federal courts for pot charges between 1996 and 2014, according to the Clemency Report. And while pot is becoming more culturally accepted, the legal system in many states has yet to catch up.

“A handful of states in recent years have also addressed marijuana sentencing reform, most notable Louisiana,” explained Paul Armentano, deputy director of NORML. “Yet, ultimately, the majority of marijuana law reforms at the state level are largely driven by voter sentiment via ballot initiatives, not by legislative efforts, and most politicians still seem to be well behind the voters when it comes to drafting appropriate cannabis policies.”

Here are the states where you definitely don’t want to carry a big stash — or any stash at all.

  • In Arizona, any amount of pot will fetch a felony possession charge. Any amount, even if for a first-time offender.
  • In Oklahoma, any amount of pot near a school, church or park will earn a felony charge.
  • Wisconsin and Kansas will charge second-time offenders with a felony for any amount.
  • In Tennessee, a half-ounce will land a felony charge after the third offense.
  • In Florida just under three-quarters of an ounce will land a felony charge on the first offense.

The most liberal states?

  • Alabama won’t charge an offender with a felony unless they have more than one kilo (or a little more than 2.2 pounds), but if a person is a second-time offender, they’ll get a felony charge no matter how much they have in their possession.
  • In Delaware, a person needs a whopping 10.8 pounds before they’ll earn a felony charge.
  • In Louisiana, that figure is a staggering 60 pounds of weed — the weight of a Basset Hound.

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