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This year has been a banner one for weed wins, with California, Massachusetts, and Nevada approving recreational marijuana initiatives on Election Night. As pop culture and public opinion shift pot consumption into a more positive—or at least, less overtly propagandist—light, the majority of U.S. adults say they believe marijuana should be made legal. But for those who don’t believe people should spend their lives in jail over a plant, there’s still more progress to be made. We checked out the Marijuana Policy Project’s policy map to find the 18 worst states for stoners, from Draconian marijuana legislation to disproportionate punishment for tokers based on race:
1. Idaho
Last year, Idaho Legislature approved a bill that would have protected its seriously ill residents from being convicted for possessing medical marijuana oils with very low amounts of THC. Unfortunately, Gov. Butch Otter vetoed the bill.
Under current Idaho law, an individual charged with possession of up to an ounce of marijuana faces a year in jail and/or up to a $1,000 fine … According to the ACLU, black Idahoans are over two and half times more likely to be arrested for possession than their white neighbors.
2. Wyoming
This year, Wyoming did not introduce any bills that would have provided full access to medical marijuana. Rep. James Byrd did introduce a bill to replace criminal penalties for marijuana possession with “a more sensible civil fine in 2016,” but it did not advance.
3. South Dakota
South Dakota has some of the nation’s harshest marijuana laws, with possession of just a small amount carrying a potential penalty of one year in jail and a $2,000 fine. Additionally, possession of any amount of hash or concentrates is “a felony, punishable by up to five years in prison and a fine of up to $10,000.”
Even more alarmingly, individuals who have consumed marijuana elsewhere are also subject to this penalty if they test positive for past use—even if they consumed marijuana in a state where it was legal. South Dakota appears to be the only state with such an “internal possession” law.
The ACLU found that South Dakota was among the top 10 states for racial disparity in marijuana possession arrest rates. Despite people of all races using marijuana at very similar rates, black people in South Dakota are nearly 4.8 times more likely than white people to be arrested for marijuana possession.
4. Utah
Under current Utah law, possession of as little as an ounce or less of marijuana can result in a six-month jail sentence. Unfortunately, minority and low-income communities in Utah are disproportionately the ones who face these archaic penalties. The ACLU recently found that black Utahans are more than 3.75 times as likely to get arrested for marijuana possession as their white neighbors.
Image via Getty/Andrew Burton
5. Kansas
Kansas did introduce a bill that would provide in-state access for medical marijuana patients, but didn’t manage to get it passed. Nevertheless, it was a step forward for Kansas, since medical marijuana laws have never managed to get a favorable vote in either chamber before this year. Sixty-eight percent of Kansans support medical marijuana—hopefully, the state’s legislature will follow suit.
6. Oklahoma
This year, the majority of Oklahoma voters supported making marijuana possession offenses misdemeanors, which will take effect July 1, 2017. “Under current law, second and subsequent offenses are felonies, as is possession that meets other criteria—such as taking place on or near university campuses.”
7. Texas
This year, Texas signed a very limited medical marijuana bill—now the Compassionate Use Program—into law, but it’s unlikely to function without significant changes, according to MPP. Nonetheless, it’s “a strong sign that the state legislature recognizes the medical benefits of marijuana for seriously ill patients.”
8. Iowa
Iowa has some of the most severe marijuana laws and arrested more than 6,600 people for marijuana offenses in 2010. “First-offense possession of even a single joint is punishable by up to six months in jail and a $1,000 fine, one of the most severe first offense penalties in the country.” Sadly, these penalties hit minority and low-income communities the hardest. According to the ACLU, black people in Iowa are almost eight times more likely to be arrested for marijuana possession than white people.
9. Wisconsin
This year, there was legislation introduced to legalize marijuana, but that bill and other proposals failed to pass through the committee process. Currently, an individual in Wisconsin convicted of possession of less than an ounce of marijuana faces a sentence of up to six months in jail and a fine of up to $1,000.
Image via Getty/Win McNamee
10. Louisiana
Starting this summer, a Louisiana ordinance went into effect allowing law enforcement to issue a ticket—rather than arresting someone—for marijuana possession. It also reduces penalties from possible jail time to a civil fine of $40 to $100 if the officer cites under local law instead of arresting under state law.
Still, Louisiana has some of the most brutal marijuana laws in the country. First-offense possession of even a single joint is punishable by up to six months in jail. Unfortunately, these laws disproportionately affect Louisiana’s African American community. A 2013 study by the ACLU found that although black and white people use marijuana at nearly identical rates, black people in Louisiana are 3.1 times more likely than white people to be arrested for marijuana possession.
11. Indiana
An October 2016 poll found that 73% of Indiana voters support creating a medical marijuana program in the state, but the Indiana General Assembly concluded its 2016 session without making progress on a single marijuana bill.
Indiana has some of the most Draconian marijuana penalties in the country. Possession of even a single joint is punishable by up to a year of incarceration and a fine of up to $5,000. Sadly, almost 90% of all reported burglaries, including home invasions, and over 85% of all motor vehicle thefts go unsolved, according to the state-based reports from Indiana state law enforcement to the FBI for the year 2012. During the same year, law enforcement devoted valuable time and resources to either arresting or citing over 9,000 individuals for marijuana-related offenses, 86% of which were for possession.
African Americans often bear the brunt of unfair enforcement of marijuana prohibition policies, and in Indiana, they’re over three times more likely to be arrested for possession of marijuana than their white counterparts.
12. Kentucky
In 2016, legislators in both Kentucky’s House and Senate introduced medical marijuana legislation, but adjourned without taking any action. A 2013 study by the ACLU found that black people in Kentucky are six times more likely than white people to be arrested for marijuana possession.
13. Tennessee
Third and subsequent convictions for the possession of marijuana used to be felonies, punishable by one to six years in prison and a fine of up to $3,000. But in 2016, the Tennessee legislature reduced that penalty to a misdemeanor, so people convicted of non-violent possession of most drugs will no longer suffer the stigma of a life-long felony record.
Image via Getty/Pacific Press
14. Alabama
The 2016 legislative session concluded with limited marijuana law reform action. One law established the use of cannabidiol for patients with intractable epilepsy, while another policy allows “the use of industrial hemp to create cloth, food, fuel, paper, and a host of other commodities.” While this is a positive step forward for Alabama, the state still has extremely hostile marijuana policies. Possession of even a single joint is punishable by up to a year in jail. A 2013 study by the ACLU found that black people in Alabama are 4.4 times more likely than white people to be arrested for marijuana possession.
15. Georgia
"While patients technically have protections for possession of a limited range of cannabis products, there is no in-state cultivation, processing, or sale,” according to MPP. “The law leaves it to seriously ill patients or their loved ones to violate federal law and the laws of other states by bringing it across state lines. As a result, the current law leaves most patients behind."
Under current law in Georgia, possession of a mere two ounces being punishable by up to 10 years in prison. A 2013 ACLU study found that black people in Georgia are 3.7 times more likely than white people to be arrested for marijuana possession.
16. South Carolina
Bipartisan lawmakers proposed a compassionate law to introduce medical marijuana use this year, but the proposal was defeated in the South Carolina committee. According to the ACLU, black South Carolinians are almost three times as likely to be arrested as their white neighbors, despite similar use rates.
17. Virginia
Last year, Virginia passed an extremely narrow law allowing patients with intractable epilepsy to avoid a conviction—but not an arrest—for possessing certain low- or no-THC medical cannabis oils. The bill does not provide any in-state access to these treatments. A Quinnipiac poll published in April 2015 found that 86 percent of Virginia voters support the legalization of medical marijuana.
18. West Virginia
This February, an effective medical marijuana bill was introduced, but the legislature adjourned in March without taking action on the proposal.