Concentrates In America: A Quick Guide of Every State's Laws and Regulations

Concentrates In America: A Quick Guide of Every State's Laws and Regulations

If you’ve been following the rules and regulations surrounding concentrates in the United States, then you will notice the laws drastically differ depending on which state you live in. Every state has different regulations and procedures when it comes to concentrates. For example, states like Oregon and Nevada have no penalties or fines for personal possession of concentrates. Travel a state down from sunny Las Vegas, and you’ll be in Arizona where possession of concentrates is a Class 4 felony, punishable with up to three (3) years imprisonment. Whether you live in a liberal state where concentrates are not as strictly enforced by law, or if your home state is further behind in concentrate reform, here’s a list of every state’s latest possession laws on concentrates:

Alabama

Under Carly’s Law, the state of Alabama only allows CBD (Cannabidiol) oil for those suffering from epilepsy. Possession of hash or concentrates (regardless of the amount) carries a sentence of ten (10) years as it is considered a Class C Felony in the state. Harsher repercussions typically arise when minors or the intent to manufacturer come into play.

Alaska

With the integration of ballot Measure 2, small amounts of concentrate under three (3) grams are subject to a misdemeanor in the state of Alaska. Although the state allows for regulated recreational, possession of any concentrate over three (3) grams will result in a felony with two (2) years in prison. The distribution of concentrates is also a felony and can lead up to three (3) years imprisonment. 

Arkansas

Aside from being the only state in America that mines diamonds, Arkansas rulings regarding concentrates are the exact same as those governing flower. This means possessing up to four (4) ounces of concentrate is considered a misdemeanor that could lead to a $2,500 fine and a maximum jail sentence of one (1) year.

Arizona

When Arizona is not leading the nation in copper production, it is busy adapting some of the more strict laws governing concentrates in America. Possession of any amount of concentrate is considered a Class Four (4) Felony with a maximum penalty of three (3) years, nine (9) months imprisonment. The manufacturing and distribution of concentrates is considered a Class Three (3) Felony and is punishable with up a maximum of nearly thirteen (13) years in jail. Arizona Law Enforcement takes laws a step-further and considers paraphernalia a felony as well.

California

Home to Hollywood, beautiful sunny weather, and now recreational. Sacramento has adapted Proposition 64 which will allow adults age twenty-one (21) or over to legally possess up to eight (8) grams of concentrates including hash without any lawful repercussions. Having more than eight (8) grams of concentrates is considered a misdemeanor punishable by a maximum fine of $500. The manufacturing and distribution of concentrates without proper chemical licenses can lead to seven (7) years imprisonment.

Colorado

Colorado is home to the United States Air Force Academy, and to some of the more liberal laws. The state allows end users to possess up to one (1) ounce of concentrates without any lawful penalty. Possession of three (3) ounces or more is considered a misdemeanor punishable with a maximum of eighteen (18) months incarceration and a $5,000 fine. 

 

In an interesting article, some Colorado employers who drug test no longer screen for the drug since it's been legal for recreational use since 2012.

 

Connecticut

Since 2012, Connecticut has allowed medicinal but more recently has adapted laws to lighten penalties for recreational use. Personal possession of concentrates in less than one-half ounce (14.00~14.25 grams) is considered a small civil penalty, similar to a traffic violation. Possession of any more than a half-ounce is considered a misdemeanor and can lead to a fine of $2,000.

Delaware

Delaware was the first state to ratify the United States constitution on December 7, 1787 but is far from first to reform. So in June of 2015, Governor Jack Markell signed SB90 or Rylie’s Law which allows patients oils with epilepsy and dystonia under the age of eighteen (18) to purchase concentrate oils. As of today, possession of one (1) ounce of flower or concentrate is not considered a punishable crime but will result in a small civil penalty.

Florida

Home to the John F. Kennedy Space Center and Disney’s Magic Kingdom, the Sunshine State has a law that states possession of twenty (20) grams or less is considered a misdemeanor. Meanwhile, the possession of any amount of concentrate is considered a felony that carries a maximum of five (5) years imprisonment. In summer of 2014, Governor Rick Scott signed into effect SB-1030, better known as Charlotte’s Web. SB-1030 is medicinal that allows oil with under 0.8 % THC and more than ten (10%) CBD to be purchased by patients with a combination of illness including epilepsy, ALS, Multiple Scleroris, and Parkinson’s disease.

Georgia

Aside from offering the most tax credits for motion picture production that choose to film in this state, Georgia also houses some of the strictest laws on concentrates. Possession of any amount of concentrate with more than fifteen percent (15%) THC is considered a felony. In more recent news, Governor Nathan Deal signed into effect HB-1 or Haleigh’s Hope which allows concentrates of less than five percent (5%) THC to be purchased for patients with serious illness or disease.

Hawaii

The only US state that grows coffee, Hawaii considers possession of concentrates one-eighth of an ounce (3.5 grams) and under as a misdemeanor with a maximum sentence of one (1) year in prison and a fine of $2,000. Possession of any more than 3.5 grams is considered a felony.

Idaho

In this state, flower and concentrates are not differentiated through law, so all are treated the same. With that being said, possession of three (3) ounces or less is considered a misdemeanor and can lead to a maximum one (1) year sentence and a $1,000 fine. 

Illinois

Like Idaho, Indiana laws do not differentiate flower and concentrates possession laws so they are all treated the same. Possession of ten (10) grams or less of flower or concentrates can result in a maximum $200 fine. Although, it must be noted penalties slowly increase as the possession amount increases.

Indiana

Home to the birthplace Indy Racing, the Hoosier state considers less than two (2) grams of concentrate as a Class A Misdemeanor. On the other hand, possession of five (5) grams or more is punishable by a Level 6 Felony with a maximum of two and half (2.5) years’ in jail.

Iowa

In May of 2014, Governor Terry Branstad signed the Medicial Cannabidiol Act. (SF-2360) into law which allows for possession of CBD concentrates with less than three percent (3%) THC. This is huge considering the passing of the bill was due to the support of families who advocated for medical in their state.

Kansas

Any amount of concentrate under four hundred fifty (450) grams is punishable by a misdemeanor that includes a maximum $1,000 fine and six (6) months incarceration.

Kentucky

Like many other states, Kentucky’s fines and penalties for ordinances are weighed equally the same in their justice system. Possession of eight (8) ounces or less is considered a misdemeanor. In the spring of 2014, Governor Steve Beshear signed SB-124 “Low-THC Medical Bills”, which allows medical patients to use cannabidiol by exluding CBD from the state’s definition of. The first time a Kentucky legislature unanimously approved a law allowing the usage of a derivative from hemp.

Louisiana

In May of 2016, Governor John Bel Edwards signed Senate Bill 271 which says possession laws for concentrates of fourteen (14) grams or less now carries maximum penalties of fifteen (15) days and $300. Furthermore, possession of fifteen (15) grams or more of any type of can lead to a maximum sentence of six (6) months and $500 fine.

Maine

The most northeastern state in the United States has liberal laws since there is no legal penalty for a possession up to five (5) grams of hash or concentrates. Illegal distribution of concentrates can lead to a sentence of ten (10) years in jail.

Maryland

The Old Line State's laws do not distinguish between concentrates and the plant itself. A possession of ten (10) grams or less results in no jail time and a maximum fine of $100. Possession between ten (10) grams and less than fifty (50) pounds is a misdemeanor with a maximum sentence of one (1) year in jail and a maximum $1,000 fine. Possession of fifty (50) pounds or more is felony with a maximum sentence of five (5) years and maximum penalty of $100,000.

Massachusetts

The Bay State is home to the basketball hall of fame and the Simpsons; Massachusetts has relaxed laws concerning concentrates. Possession of up to five (5) grams of concentrates is legal in the state. Possession of more than five (5) grams and under twenty-eight (28) grams is a maximum $100 fine.

Michigan

Michigan Medical Marhiuana Act allows individual patients to obtain and use medical concentrates. Qualifying patients may possess sixteen (16) ounces of infused product if in a solid form or up to thirty-six (36) fluid ounces of infused product if in a liquid form. If you are not a patient under MMMA, then you may be subject to $2,000 fine and up to one (1) year in jail.

Minnesota

Penalties for hashish and concentrates are treated equally under the Gopher State's law. Possession of fourty-five (45) grams or less can result in a misdemeanor and a maximum fine of $200. Possession of five (5) kilograms or more will result in a felony with a five (5) year sentence.

Mississippi

Possession of 0.1 grams or less of concentrates is a misdemeanor with a maximum fine of $1,000. 0.1 grams – 2 grams of concentrate is a felony with a sentence of three (3) years. In spring of 2014, concentrates containing more than fifteen percent (15%) CBD and less than 0.5 percent (0.15%) THC are allowed for those that qualify at the Department of Pharmacy Services at the University of Mississippi.

Missouri

A.K.A. The Cave State for having over 6000 caves, Missouri considers the possession of ten (10) grams or less as a misdemeanor with a maximum fine of $500. In summer of 2014, Governor Jay Nixon signed a law into place that allows for concentrate oil consumption of products containing at least five percent (5%) CBD and less than 0.3 percent (0.3%) THC for those with epilepsy. 

Montana

The only state to share land that borders with three (3) Canadian provinces: British Columbia, Alberta, and Saskatchewan. Montana has strict concentrate laws. For example, possession of one (1) gram or less of concentrates is punishable with up to six (6) months in prison and up to $500 fines along with a misdemeanor charge. Any concentrate possession over one (1) gram is considered a felony with maximum sentence of three (3) years. 

Nebraska

Home to the United States’ largest aquifer that supplies nearly one-fifth of the wheat, corn, cotton and cattle produced in the United States, the Ogalala aquifer. The Cornhusker State does not allow any amount of concentrates. If someone were to be caught in possession, they could face up to five years in prison and a $10,000 fine.

Nevada

“What happens in Vegas stays in Vegas?” well this phrase lies true for the concentrate industry in the gambling state. The state allows for possession of up to an eighth of an ounce (3.5 grams) with no crime or financial penalties.

New Hampshire

Possession of five (5) grams or less of concentrate is considered a misdemeanor with a maximum penalty of two (2) years in jail and fine of $2,000. 

New Jersey

Five (5) grams or less of concentrates is legal but it may result in a disorderly conduct personal offense with a maximum sentence of six (6) months in jail and a $1000 fine.

New Mexico

Any amount of hash or concentrate is can be punishable with a maximum fine of $1,000 and one (1) year of jail time.

New York

The concrete jungle is no exception to concentrate laws in the United States. New York considers possession of any amount of concentrate a misdemeanor. Possession of a quarter-ounce (7 grams) can lead to a maximum fine of $1,000 and one year in prison. Possession of any more than a quarter-ounce (7 grams) can lead up to seven (7) years in prison and a $5,000 fine.

North Carolina

The Tar Heel State is home to major industries such as: farming, tobacco, poultry, textiles, and furniture. It also has one of the more complex laws on concentrates. North Carolina considers possession of concentrates of 1.4 grams or less class III misdemeanor and could be a fine up to $200. Anything above 1.4 grams to 4.25 grams is considered class I misdemeanor with a max jail time of forty-five (45) days. In recent news, state governor McCrory signed a bill that will allow universities to study CBD with less 0.3% THC and more than 10% CBD in the hopes of treating those with epilepsy.

North Dakota

Named for the indigenous Dakota Sioux peoples, meaning friends or allies. When it comes to concentrates, possession of any amount is a felony with up to five (5) years in prison and $10,000 fine. The production of concentrates is also a felony with up to ten (10) years in prison and $20,000 fine. If that’s not enough, a simple consumption of concentrates is considered to be a one (1) year sentence with a $3,000 fine.

Ohio

The Buckeye State breaks their concentrate laws into solids and liquids. For those familiar, this is indicated as solids (% S) and liquids (% M) on Moisture Scales. Possession of five (5) grams of solid is considered a misdemeanor while possessing ten (10) grams of solid is a felony. Possession of one (1) gram liquid is considered a misdemeanor while having two (2) grams of liquid oil is a felony with a maximum fine of $2500.

Oklahoma

Home to more man-made lakes than any other state, Oklahoma has over one (1) million surface acres of water. The states laws governing concentrates are strict as a possession of any amount will result in a misdemeanor. Possession of hash, a specific type of concentrate is considered a felony and will yield a two (2) year prison sentence. In most recent news, Governor Fallin signed a bill that allows oil concentrates with less than 0.3 percent (0.3%) THC to be consumed for those with severe cases of epilepsy.

Oregon

Similar to Ohio, Oregon also breaks their laws governing concentrates into solids and liquids. As of this writing, Oregon allows up to sixteen (16) solid ounces and seventy-two (72) liquid ounces or a combination of both that does not exceed one (1) ounce or more. It should be noted that trafficking of concentrates through off-market channels is strictly prohibited and in many cases considered a felony.

Pennsylvania

To possess concentrates in the state of Pennsylvania, one must qualify with a serious illness such as: Lou Gehrig's disease, autism, cancer, Crohn's disease, epilepsy, glaucoma, HIV | AIDS, and many more. The Keystone state laws regarding concentrates are vague in which they allow medical patients to possess a thirty (30) day supply of concentrates. Possession of eight (8) grams or less without a medical prescription is considered a misdemeanor that can lead to a $500 penalty and thirty (30) days in jail.

Rhode Island

Famous for Newport's summer tourism, jewelry production, and breath-taking coastal views, Rhode Island is home to simple laws because the state treats concentrates and flowers the same. Possession of twenty-eight (28) grams or less of any form of concentrate is only punishable by a maximum $150 fine.

South Carolina

Home to Myrtle Beach, the premier resort destination on the East Coast; South Carolina, allows medical patients with severe condition of epilepsy to obtain CBD oil

South Dakota

South Dakota is famous for the production of hay, sunflowers, rye, honey, soybeans, corn, wheat and cattle to name a few.  When it comes to concentrates South Dakota, has a no tolerance policy that can lead to a felony with a ten (10) year sentence. The Mount Rushmore State is strict on its laws, even going as far as to punish possession of paraphernalia with a misdemeanor and a $2,000 fine.

Tennessee

One of the original Southern States, Tennessee is home to strict concentrate laws. Possession is considered a misdemeanor, punishable with jail time, and a $2,500 fine. Furthermore, the production or manufacturing of concentrates will land you a whopping, sixty (60) years in jail!

Texas

The Lone Star State has strict laws governing concentrates. A simple possession of less than one (1) gram of concentrate will result in a felony with a two (2) year sentence. Possession of larger amounts of concentrates can land someone in prison for life. Texas even goes as far as to put those who are caught lying on a failed drug test behind bars for up to six (6) months.

Utah

The Beehive State treats flowers and concentrates the same. Possession of any type of that is less than twenty-eight (28) grams is considered punishable with a fine and one hundred eighty (180) days in jail. Depending on the situation, it can also lead to the suspension of one’s driver license for half of a year.

Vermont

Surprising to most, possession of up to five (5) grams will get someone a maximum fine of $200, similar to a speeding ticket.

Virginia

In Virginia, possession of any amount of extract oil is considered a felony punishable with up to ten (10) years in jail. This state has passed a medical CBD law allowing for the use of extracts that are high in CBD and low in THC to treat severe, debilitating epileptic conditions.

Washington

One of the first two (2) states to legalize for recreational use. Washington allows for users to possess up to seven (7) grams of concentrate with no repercussions from the law. Possession of more than forty (40) grams is considered a felony that carries a five (5) year sentence and a $10,000 penalty.

West Virginia

West Virginia has some of the more strict laws in the United States. Regardless of amount, possession of any type of product in West Virginia including concentrates is considered a misdemeanor. Distribution is considered a felony and carries a mandatory one (1) year minimum sentence.  

Wisconsin

The Badger State keeps their concentrate laws simple. Possession of any amount of concentrate including hash is considered a misdemeanor that carries a $1,000 fine and one hundred eighty (180) days in jail. Repeat offenses result in a felony where the maximum fine becomes $10,000 and the jail time increase drastically. 

Wyoming

Home to the largest coal mines in the United States, Wyoming has very precise laws concerning concentrates. The Equality State considers possession of 0.3 grams or less as a misdemeanor and possession above 0.3 grams is considered a felony that carries a five (5) year prison sentence and a fine of $10,000.

 

All data and laws have been provided courtesy of NORML and NORML’s respective chapters | http://norml.org/laws

Also, a very special thank you and reference to Benjamin M. Adams at Culture Magazine.

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