Cannabis Legality by State

Can you go to jail for smoking weed?

Sour Diesel cannabis flowers
Sour Diesel cannabis flowers

Although many states are legalizing marijuana, whether it is for medical or recreational reasons keep in mind that there are still existing laws out there that are very strict.

When it comes to the laws it will vary from state to state so make sure you first do your homework.

You will have to consider the following:

You need to know the law in any jurisdiction where you want to smoke weed. In states where the possession of weed is still a criminal offense, if someone reports you to the police, it can lead to criminal charges or worse jail time.

If it is your first-time offense or you only have a small amount in your possession the judge may only sentence you to time served. Some states have mandatory minimum sentences that can put you in jail for months or even years. So please do not smoke weed where it is considered a crime.


In some cases, evidence of that you smoked weed, if you are high or you test positive for THC is not enough to land you in jail. So, you do not have to worry if you smoked weed with a friend and you are walking back home. If a cop stops you and you do not have any weed on you, jail is unlikely.

If you are high in public

If you are out in public and creating a nuisance you can be arrested for public intoxication and spend at least one night in jail.

Is the possession of marijuana a crime?

marijuana grinder
marijuana grinder

In the states where it is illegal, yes. Federal law makes possession of marijuana a crime, and having even small amounts can result in jail time for first-time offenders.

So, guys before you light one up, make sure of the state’s laws. You do not want to spend a night in jail or even months because you did not do your homework properly.

If you also want to know about cannabis legality in europe, check this arcticle.