Recreational marijuana use is widely debated
With marijuana still not legalized on a federal level, it has been left to individual states to decide the drug’s legality. Because of this, each of the 50 states and our nation’s capital all have vastly different laws regarding recreational marijuana consumption.
Many states will find recreational marijuana initiatives on their ballots this November. We’ve compiled this slideshow to show each state’s recreational marijuana laws and to see which states will be able to vote on recreational cannabis on Nov. 3 of this year.
Related: Medical marijuana laws in every state
Alabama
Alabamahas some extremely restrictive laws regarding marijuana. If caught with any amount of cannabis in the state, the holder will be charged with a misdemeanor and can face up to one year in prison and/or a $6,000 fine.
Cultivating marijuana plants and selling the drug also come with steep penalties.
Alaska
Alaska has decriminalized up to one ounce of marijuana. If you are caught with between one and four ounces of marijuana in Alaska, you can be charged with a misdemeanor, face up to one year in prison and/or a $10,000 fine.
Anything over four ounces is a felony that comes with a potential five years in prison and a $50,000 fine. Residents are also able to cultivate up to six marijuana plants without consequence.
Learn more about the specific laws and punishments in Alaska.
Arizona
Arizona is another state considered to be restrictive when it comes to marijuana laws. The drug has not been decriminalized throughout the state. Being caught with any amount of marijuana in Arizona can lead to a felony charge. If caught with less than two pounds, you can face from four months to two years in prison.
Anything between two and four pounds can yield jail time between six months to 2.5 years. If you’re caught with over four pounds of marijuana, you can find yourself facing from one to three and 3/4ths years in prison. Being caught with any amount of marijuana in Arizona can come with a $150,000 fine.
Smart and Safe Arizona has spearheaded an initiative, The Safe and Smart Act, which would legalize the sale, possession and consumption of up to one ounce of marijuana, with a maximum five grams of concentrate, for residents 21 years of age or older.
Arizonians will be able to vote on this initiative in the Nov. 3 election. Click here to see all of Arizona’s current recreational marijuana laws.
Arkansas
Arkansas has not yet decriminalized recreational marijuana use. Being caught with four ounces or less is a misdemeanor that comes with a year or less in jail and a potential $2,500 fine. If it’s not your first offense being caught with less than four ounces, you can face a felony charge with additional jail time.
Anything over four ounces is a felony in Arkansas, with prison time ranging between three to 30 years, depending on the amount. The fine will also range between $10,000 and $50,000.
The group Arkansans for Cannabis Reform hoped to see three initiatives on their state’s November ballot. They planned to legalize cannabis use for those over 21 years old, allow those convicted of marijuana crimes relief from conviction and decriminalize the drug on both a state and local level. While their efforts were stalled due to COVID-19, they plan to push forward and bring these initiatives to the state’s 2022 election.
For more informationclick here.
California
In California, marijuana has been legalized and decriminalized up to one ounce, meaning California residents can legally consume the drug in the state. If caught with between one ounce and 28 grams of marijuana (just under one ounce), you could still face up to 10 days in prison and a $250 fine, while anything over 28 grams is also a misdemeanor that comes with a potential six months in prison and a $500 fine.
The only way to be charged with a felony regarding marijuana in California is to sell to a child.Click here for additional information.
Colorado
It is completely legal for Colorado adults to possess one ounce or less of marijuana. One to two ounces is classified as a petty offense that comes with a $100 fine. Two to six ounces of cannabis is a misdemeanor with a maximum of one year in prison and/or a $700 fine.
Six to 12 ounces is also a misdemeanor that comes with between six and 18 months in prison and/or a $5,000 fine. If you’re caught with anything over 12 ounces, it’s a felony charge with a potential one to two years in prison and a $100,000 fine.
Click here for further reading about Colorado’s marijuana laws.
Connecticut
If you are caught with anything under half an ounce or marijuana in Connecticut, it’s a civil penalty with a maximum fine of $150 to $500, depending on whether it’s your first offense.
Anything over half an ounce is a misdemeanor with a potential one year in prison and/or $2,000 fine. Distribution and cultivation of marijuana can yield a felony charge in Connecticut.
Click here for more information.
Delaware
Delaware has decriminalized up to one ounce of marijuana. If caught with between one ounce and 175 grams (just over 2.5 ounces), you can face a misdemeanor charge with a potential $575 fine and three months in prison.
Anything over 175 grams can count as a felony with three to 25 years in prison, depending on the amount you were caught with.Click here for further reading.
District of Columbia
In the nation’s capital, marijuana has been decriminalized for possession of up to two ounces. Furthermore, D.C. residents can grow up to six marijuana plants with no consequence. However, marijuana must be consumed in private; public consumption can yield a misdemeanor charge but no jail time or fines.
Anything over two ounces, however, comes with a $1,000 fine and a possible six months in prison, in addition to the misdemeanor charge.
Click here for more information about Washington D.C.’s recreational marijuana laws.
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Florida
Marijuana is still illegal for recreational use in the Sunshine State. A bill was introduced in early 2020 to decriminalize the drug, but it was stalled. Currently, being caught with 20 grams or less (just under three-quarters of an ounce) of marijuana in Florida is a misdemeanor with a $1,000 fine and a possible one year in prison. If caught with more than 20 ounces, it’s a felony charge that comes with morelengthy prison times and hefty fines.
The group Make It Legal Florida failed to get the signatures necessary for a recreational marijuana initiative to reach voter’s ballots this November, in large part due to the COVID-19 pandemic.
However, Make It Legal Florida still retains hope that they will successfully have this initiative added to the 2022 election.
Georgia
While marijuana was decriminalized in Savannah, Georgia, in 2018, it is still not legal for recreational use statewide. If caught with one ounce or less of marijuana, you can face one year in prison, a $1,000 fine and a misdemeanor charge.
Anything over one ounce counts as a felony charge and comes with a $5,000 fine and a mandatory minimum of one year in prison, with a maximum of ten years.
Click here for more information.
Hawaii
In Hawaii, an adult can be found with up to three grams (one-tenth of an ounce) of marijuana on them and the only consequences they’ll face are a violation and a $130 fine.
Three grams to one ounce is a misdemeanor with 30 days in prison and a $1,000 fine, while anything between one ounce and one pound is a misdemeanor with one year in prison and a $2,000 fine.
Anything over one pound of marijuana is a felony charge that comes with a maximum of five years in prison and a $10,000 fine.
Idaho
Marijuana is completely illegal inIdaho. If caught with any amount under three ounces, you can face a misdemeanor charge, a $1,000 fine and potentially up to one year in prison.
Anything over three ounces is an automatic felony charge that comes with a maximum of five years in prison and a $10,000 fine.
For more information,click here.
Illinois
Illinoisofficially legalized marijuana in 2019. Residents can have up to 30 grams of marijuana (just over one ounce) on them and face no consequences. If you are caught with between 30 and 100 grams (3.5 ounces) and it’s your first offense, you can get a misdemeanor charge, one year in prison and/or a $2,500 fine.
If it’s not your first offense, it’s a felony with one to three years in prison and a $25,000 fine. Any amount over 100 grams is also a felony, with prison time ranging from one to fifteen years, in addition to the $25,000 fine.
Click here for more information.
Indiana
If caught being in possession of any amount of marijuana inIndiana, you can find yourself facing a misdemeanor charge, up to 180 days in prison and/or a $1,000 fine.
In Indiana, marijuana has not been decriminalized, so even a small amount of the drug can yield serious consequences.
Click here for more information regarding Indiana’s marijuana penalties.
Iowa
Recreational marijuana use is prohibited in Iowa. Being caught with any amount of marijuana is a misdemeanor charge. The first offense comes with a potential six-month prison sentence and a $1,000 fine. The second offense comes with one year in prison and a $1,875 fine, while the third offense yields two years in prison and a $6,250 fine.
Cultivation is an automatic felony. Marijuana laws in Iowa are extremely restrictive. Being caught with a single joint can lead to a serious charge.
Kansas
Marijuana is not legalized for recreational consumption in Kansas. Being caught with any amount of marijuana is a misdemeanor charge that comes with a potential six months in prison and a $1,000 fine.
The sale and cultivation of marijuana are both felonies in Kansas.Click here for more information.
Kentucky
In Kentucky, anyone caught with less than eight ounces of marijuana on their person can face a misdemeanor charge with a potential 45 days in prison and a $1,000 fine.
If caught with more than eight ounces or repeat offenses, the holder can face up to 10 years in prison and a $10,000 fine.
For more information,follow this link.
Louisiana
Marijuana has not been decriminalized in Louisiana. Being caught with 14 grams (just under half an ounce) or less can yield 15 days in jail and a $300 fine, while any amount between 14 grams and 2.5 pounds of marijuana comes with a potential six months in prison and a $500 fine.
Any amount between 2.5 and 60 pounds comes with a mandatory minimum prison sentence of two years with a maximum of 10 years and a $30,000 fine. Anything over 50 pounds is a felony charge with a mandatory minimum of at least five years and at least a $100,000 fine.
Click this link for more information.
Maine
In Maine, marijuana has been decriminalized up to 2.5 ounces. Anything between 2.5 and eight ounces comes with a potential six months in prison and a $1,000 fine. If caught with an amount between eight ounces and one pound, you can face up to a year in prison and a $2,000 fine.
Being caught with between one and 20 pounds of marijuana can yield up to five years in prison and a $5,000 fine, while anything over 20 pounds can come with a 10 year prison sentence and a $20,000 fine.
In Maine, residents can cultivate up to three plants with no penalty.Click here for more information.
Maryland
Any amount less than 10 grams (just under thirty-five-hundredths of an ounce) of marijuana has been decriminalized in Maryland. However, being caught with between 10 grams and 50 pounds of marijuana is a misdemeanor charge with one year in prison and a $1,000 fine.
If you are caught with any amount over 50 pounds, you can face a felony charge with a mandatory minimum of five years in addition to the $100,000 fine.
Follow this link for more information regarding Maryland’s marijuana laws.
Massachusetts
In Massachusetts it’s legal and decriminalized to be caught with up to one ounce of marijuana on your person, and you can have up to 10 ounces in your residence. Residents can also legally cultivate up to six plants.
If caught with more than one ounce of marijuana on you, you can still face a misdemeanor charge with anywhere from six months to two years in prison and a $500 to $2,000 fine, depending on how many offenses you’ve had.
Click here for further reading about Massachusetts’ marijuana laws.
Michigan
In 2018, up to 2.5 ounces of marijuana was legalized in Michigan. Furthermore, it was decided that residents can legally cultivate up to 12 plants in their home.
If caught with between 2.5 and five ounces you could face a civil infraction with a potential $500 fine, while anything over five ounces is qualified as a misdemeanor with a $500 fine.
Click here for more information.
Minnesota
Marijuana in Minnesota is a mixed bag. It is technically decriminalized, yet being caught with any amount can still yield consequences. 42.5 grams or less (roughly 1.5 ounces) is a misdemeanor with a $200 fine.
Any amount over 42.5 grams is a felony charge, with fines ranging from $10,000 to $1,000,000 and jail time ranging between five and 30 years.
Click here for additional information regarding potential sentencing.
Mississippi
While being caught with less than 30 grams (just over one ounce) of marijuana in Mississippi, the consequences depend on how many times you’ve been caught with drugs. If it’s your first offense, you can face only a $250 fine. If it’s your second offense, you face a misdemeanor charge, a $250 fine and a mandatory minimum of five days in prison with a maximum sentence of 60 days. If it’s your third or subsequent offense, it’s also a misdemeanor with a mandatory minimum of five days in prison and a maximum sentence of six months, with a $1,000 fine.
Being caught with any amount of marijuana over 30 grams is a felony, with prison time ranging between one and 30 years and fines ranging from $1,000 to $1,000,000, depending on the amount.
Click here for more information.
Missouri
In Missouri, cannabis is illegal but decriminalized. While having any amount less than 10 grams is still a misdemeanor, it comes with no potential jail time and a fine of $500 for a first offense. If you’re caught with less than 10 grams multiple times, you can face up to one year in prison and/or a $2,000 fine. If you’re caught with any amount between 10 and 35 grams (1.25 ounces), the punishment is the same.
Being caught with any amount over 35 grams, however, is a felony charge that comes with a maximum of seven years in prison and a $10,000 fine.
The group Missourians for a New Approach planned to get a recreational marijuana initiative onto the state’s 2020 ballots, but risks associated with COVID-19 caused the group to temporarily halt efforts.
Click here for further reading about Missouri’s marijuana laws.
Montana
Montana is quite conservative when it comes to marijuana laws. If it’s your first time being caught with under 60 grams of marijuana (just over two ounces), you can face a misdemeanor charge that comes with up to six months in prison and $500 fine.
If you’ve been caught with less than 60 grams multiple times, your maximum prison sentence is upped to three years and the fine can go up to $1,000. Any amount over 60 grams is a felony charge with potentially five years in jail and a $50,000 fine.
This November could change all of that. Thanks in large part to the groupNew Approach Montana, Montanians will see two marijuana initiatives on their 2020 ballots.
Statutory Initiative 180 hopes to legalize, regulate and tax cannabis in Montana, while Constitutional Initiative 118 would set the minimum age for legal marijuana consumption at 21.
Click here for more information regarding the specifics of Montana’s current marijuana laws.
Nebraska
While marijuana is still illegal in Nebraska, being caught with one ounce or less is only an infraction, and the only consequence faced would be a potential $300 fine if it’s your first offense. Subsequent offenses can come with a misdemeanor charge with anywhere from five to seven days in jail and a $300 fine.
Being caught with any amount between one ounce and one pound is a misdemeanor that comes with a potential three month maximum prison sentence and a $500 fine. If caught with any amount over one pound, it’s a felony charge with potentially five years in prison and a $10,000 fine.
Click here for more information regarding Nebraska’s marijuana laws.
Nevada
Nevada fully legalized marijuana in 2016 and began legally selling products the following year. In Nevada, it is completely legal for adults to have up to one ounce of marijuana on them. While Nevada residents cannot face prison time, no matter how much marijuana they have on them, they can face a charge.
Any amount more than one ounce is a misdemeanor with a possible $600 fine. Similarly, if caught using in public, you can face a misdemeanor charge with a $600 fine.
Nevada residents can also cultivate up to 12 plants with no penalty.Follow this link for further reading.
New Hampshire
In 2017, New Hampshire decriminalized up to three-quarters of an ounce of marijuana. If caught with three-quarters of an ounce or less, you can face only a civil violation with a maximum fine of $100. However, any amount over three-quarters of an ounce is a misdemeanor charge with a potential one year prison sentence and/or a $350 fine.
Additionally, if caught with less than three-quarters of an ounce of marijuana at least four times within a three year span, you could find yourself facing misdemeanor charges.
Click here for more information.
New Jersey
Recreational marijuana use is not legal in New Jersey. If caught in possession of 50 grams of marijuana or less (roughly 1.75 ounces), the holder could face a Disorderly Person charge, which comes with a potential maximum prison sentence of six months and/or a $1,000 fine. Any amount over 50 grams is a crime, and the holder can expect a maximum prison sentence of one and a half years and/or a $25,000 fine.
This could all change this November. New Jersey residents will find The New Jersey Marijuana Legalization Amendment on their ballots this November. This would legalize not only the possession and use of marijuana within the state, but it would also allow for the cultivation and sale of retail marijuana.
Click here for further reading regarding New Jersey’s current marijuana laws and follow this link for additional information about the state’s legalization efforts.
New Mexico
In New Mexico, up to half an ounce of marijuana has been decriminalized. If caught with less than half an ounce, the only penalty you’ll face is a potential $50 fine. If caught with between half an ounce and one ounce of marijuana, you can get charged with a misdemeanor, with maximum prison time ranging between fifteen days and one year, depending on how many times you’ve been caught.
The fine can range between $100 and $1,000. Between one and eight ounces is also a misdemeanor with one year maximum prison time and a $1,000 fine, while any amount over eight ounces can result in a felony charge with a $5,000 fine and a maximum prison sentence of one and a half years.
Click here for more information.
New York
New York has decriminalized small amounts of marijuana, treating it instead as a violation. If caught with under 28 grams (just under one ounce), it’s a simple violation with a $50 fine. Any amount between 28 grams and two ounces is a violation with a $200 fine.
If caught with between two and eight ounces, you can face a misdemeanor with one year in prison and a $1,000 fine. However, any amount over eight ounces is a felony, with maximum prison time ranging between four and 15 years, with a fine between $5,000 and $15,000.
Click here for further reading about New York’s recreational marijuana laws.
North Carolina
Recreational marijuana is illegal in North Carolina, but small amounts have been decriminalized. If caught with less than half an ounce of marijuana in North Carolina, it’s a misdemeanor charge with no potential jail time and a maximum fine of $200.
However, if you’re caught with between half an ounce and 1.5 ounces of marijuana, it’s a misdemeanor that comes with a maximum prison sentence of 45 days and a $1,000 fine. If caught with any amount of marijuana exceeding 1.5 ounces, North Carolina will treat it as a felony, with a maximum of eight months in prison and $1,000 fine.
Follow this link for additional information.
North Dakota
North Dakota has also decriminalized being found with less than half an ounce of marijuana on your person. If caught with less than half an ounce, it’s a Civil Infraction with no prison time and a maximum fine of $1,000. Any amount between half an ounce and 500 grams (over 17.5 ounces) is a misdemeanor with a maximum 30 day jail sentence and $1,500 fine, while any amount over 500 grams is a misdemeanor with a maximum one year in prison and $3,000 fine.
The group Legalize ND proposed an initiative that would allow adults to possess up to two ounces of marijuana in the state, but the COVID-19 pandemic caused them to temporarily stop. However, they still plan to push forward, hoping to appear in the 2022 election cycle.
Click here for further reading about North Dakota’s current marijuana laws.
Ohio
Since 1975, having up to 100 grams of marijuana on you has been decriminalized in Ohio. While it’s still a misdemeanor, there’s no jail time associated with this charge — only a $150 fine. If you’re caught with between 100 and 200 grams (just over seven ounces), it’s a misdemeanor with a maximum 30-day jail sentence and $250 fine.
Any amount over 200 grams is a felony charge, with prison time ranging between one and eight years, with fines ranging between $2,500 and $20,000.
It is worth noting that individual cities and towns in Ohio have introduced their own decriminalization efforts. The Cleveland City Council illuminated all penalties for marijuana possession not exceeding 200 grams.
Follow this link for additional information regarding Ohio’s recreational marijuana laws.
Oklahoma
Oklahoma’s marijuana laws are simple. If you are caught with any amount of marijuana in Oklahoma, you will face a misdemeanor charge with a $1,000 fine and, potentially, up to one year in prison.
Although they were stalled due to COVID-19, Oklahoma had plans to change this. An initiative to regulate and tax marijuana similarly to alcohol was filed in 2019, but it was temporarily stalled due to COVID-19.
Click this link for more information.
Oregon
In 1973, Oregon became the first state to decriminalize up to one ounce of marijuana. If caught with between one and two ounces, it’s a simple violation with no potential jail time and a maximum fine is $650.
Having two to four ounces on you can result in a misdemeanor with up to six months in jail and a maximum fine of $2,500. If you’re caught with any amount of marijuana on you exceeding four ounces, you’ll be charged with a misdemeanor and face maximum jail time of one year and a $6,250 fine. Cultivation of up to four plants is completely legal in Oregon.
for further reading.
Pennsylvania
Recreational marijuana use is illegal in Pennsylvania. If you are caught with under 30 grams of marijuana in Pennsylvania, you can face a misdemeanor charge with a maximum prison sentence of 30 days and a $500 fine.
Any amount over 30 grams yields a maximum prison sentence of one year and a $5,000 fine. If you’re caught cultivating plants in Pennsylvania, it’s an automatic felony charge.
Follow this link for further reading.
Rhode Island
The smallest state in the nation, Rhode Island, has decriminalized being caught with less than one ounce. You can be charged with a Civil Violation, but it only holds the penalty of a maximum $100 fine.
However, being caught with any amount over one ounce is a misdemeanor charge, with a potential one year prison sentence and $500 fine.
Click here for more information.
South Carolina
Recreational marijuana use is strictly illegal inSouth Carolina. If you are caught with under one ounce of marijuana in South Carolina, you can face a misdemeanor charge with a maximum 30 day jail sentence and $200 fine.
Similarly, any amount over one ounce results in a misdemeanor with maximum one year in jail and $2,000 fine.
Click here for additional reading regarding South Carolina’s marijuana laws.
South Dakota
South Dakota has not legalized any amount of marijuana. Two ounces or less results in a misdemeanor charge with up to one year in prison and a $2,000 fine. Any amount exceeding two ounces is a felony charge, with maximum jail time ranging between one and 15 years, and with fines ranging between $4,000 and $30,000.
Follow this link for additional information on their marijuana laws.
The groups South Dakotans for Better Marijuana Laws andNew Approach South Dakota were able to get policy reform included on the state’s November ballots. If successful, this Constitutional Amendment would legalize, regulate and tax marijuana. Furthermore, this amendment would require legislation regarding the cultivation and processing of hemp by 2022.
Click here for more information about the marijuana initiatives on South Dakota’s upcoming ballots.
Tennessee
In Tennessee, being caught with half an ounce of marijuana or less can result in a misdemeanor charge with a maximum jail sentence of one year and a $250 fine. If you’re caught with more than half an ounce, you can face a felony charge with a one year mandatory minimum prison sentence.
Click on this link for further reading.
Texas
TheLone Star State has not decriminalized marijuana, though some municipalities have refused to enforce state laws regarding possession. If you’re caught with less than two ounces of marijuana in Texas, you can face a misdemeanor charge with a maximum of 180 days in prison and a $2,000 fine.
If caught with between two and four ounces, the maximum prison time is one year with a $4,000 fine. Any amount over four ounces is a felony. Any amount between four ounces and five pounds yields a mandatory minimum of at least 180 days in prison, while five to 50 pounds brings at least two years in prison.
If you are caught with more than 20,000 pounds of marijuana in Texas, your mandatory minimum jail sentence is at least five years.
Click here for more information.
Utah
Cannabis has not been decriminalized inUtah. Being caught with less than one ounce is still a misdemeanor charge that can bring up to six months in prison and a $1,000 fine.
One ounce to one pound results in a misdemeanor with up to one year in prison and $5,000 fine. Any amount exceeding one pound is an automatic felony, with maximum prison time ranging between one and 15 years, with fines ranging between $5,000 and $10,000.
Click here for additional information.
Vermont
In 2013, Vermont decriminalized marijuana exceeding one ounce or less. However, being caught with between one and two ounces of marijuana is still a misdemeanor charge and can carry a maximum prison sentence of six months and a $500 fine, unless you’ve been caught multiple times.
Repeat offenders face a maximum of two years in prison with a $2,000 fine. Any amount of marijuana over two ounces is a felony in Vermont, with maximum fines ranging between $10,000 and $500,000 and prison time anywhere between three and 15 years.
Click here for more information regarding Vermont’s recreational marijuana laws.
Virginia
In May 2020, Virginiadecriminalized marijuana possession. Now, possessing one ounce or less of marijuana in Virginia is a civil violation with a $25 fine.
However, being caught in possession of marijuana multiple times can result in a maximum jail sentence of one year and a possible fine up to $2,500.
Follow this link for additional information.
Washington
In Washington, marijuana has been successfully decriminalized. If you are caught with under one ounce of marijuana in the state, there are no consequences.
If you have between one ounce and 40 grams (roughly 1.4 ounces), you face a misdemeanor charge with a mandatory minimum of 24 hours in prison and a max sentence of 90 days. You could also receive a fine up to $1,000.
Any amount exceeding 40 grams results in a felony charge, with a maximum sentence of five years and a fine of $10,000 or less.
Click here for additional information.
West Virginia
Recreational marijuana use is prohibited across West Virginia. However, the laws regarding possession are simplified; possession of any amount of marijuana is a misdemeanor that can carry a mandatory prison sentence of between 90 days and six months, with a maximum fine of $1,000.
Follow this link for more information regarding West Virginia’s recreational marijuana laws.
Wisconsin
Wisconsin has neither legalized nor decriminalized marijuana possession or use. If you are caught with any amount of cannabis in Wisconsin and it is your first offense, you can face a misdemeanor charge with a maximum of six months in prison and a fine not to exceed $1,000.
If you are caught a second time, no matter the amount of marijuana on you, you will be charged with a felony. The felony charge holds a maximum prison sentence of three and a half years and a maximum fine of $10,000.
Click here for further reading regarding Wisconsin’s cannabis laws.
Wyoming
In Wyoming, marijuana use is completely illegal. If you are caught under the influence of cannabis while in Wyoming, you can face a misdemeanor charge, up to six months in prison, and/or a fine up to $750.
If you are found to be in possession of under three ounces of marijuana in the state, you face a misdemeanor charge with a maximum prison sentence of five years and/or a fine anywhere up to $10,000.
Follow this link for additional information about marijuana laws in Wyoming.
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