2019 State-by-State Breakdown of Concentrate Laws

The rules and regulations surrounding cannabis concentrates differ drastically depending on what state you call home. Nevada and Oregon, for instance, are exceptionally tolerant of concentrates and have no penalty or fine for personal amounts, while a crumb’s worth of hash or wax could lead to time in prison in other states. Every state has different approaches to regulating cannabis concentrates. Whether you live in a liberated state where concentrates are not highly punishable, or if your state has a long way to go in terms of concentrate reform, here’s a list of every state’s concentrate laws.

 

Alabama

Possession of hash or THC concentrates is considered a Class C felony, which can result in anywhere between lead to up to 10 years in prison and a fine of up to $15,000. Manufacturing can lead up to life in prison. The state has a law that allows the use of medical CBD products.

Alaska

Possession of three or less grams of hash or concentrate is a misdemeanor punishable with a fine of up to $10,000 and a prison sentence of one year. Possession of more than three grams is a felony, with a fine up to $50,000 and up to two years in prison. Delivery of hash or concentrates is also a felony and punishable up to three years. The state has a medical cannabis program and legalized recreational cannabis.

Arizona

Possessing concentrates is a felony, which results in a maximum three-year prison sentence and either a minimum $2,000 fine or the value of the concentrate product times three, as determined by a court. Possession of concentrates for sale is a Class 2 felony and punishable with up to three years and a maximum of 10 months imprisonment. Manufacturing is a Class 2 felony as well and nets a punishment of up to 10 years in prison. The state has a medical cannabis program.

Arkansas

Penalties for concentrates in Arkansas are identical to penalties for cannabis, which means that possessing small amounts of concentrates, up to four ounces, is considered a misdemeanor punishable by a $2,500 fine and a maximum of one year in jail. The state has a medical cannabis program.

California

Referred to as “concentrated cannabis,” those who are not currently medical cannabis card holders may possess up to eight grams of concentrates. Depending on the method of extraction, penalties are as follows: Extracted chemical concentrates made using butane can cost up to $50,000 and prison time of up to seven years. Concentrates created through the use of screens, presses or other means yields a prison term of 16 months, two years, or three years (determined by a court). The state has a medical cannabis program and legalized recreational cannabis.

Colorado

There is no penalty for concentrate possession in Colorado, as long as you have less than one ounce. Up to three ounces is a misdemeanor punishable up to six to 18 months imprisonment and a $5,000 fine. The state has a medical cannabis program and legalized recreational cannabis.

Connecticut

Penalties regarding hash or concentrates are the same as laws involving the cannabis plant. Less than one-half ounce of cannabis or hash is considered merely a civil penalty, with a fine of $150. Possessing more than that is considered a misdemeanor and punishable with up to a $2,000 civil fine. The state has a medical cannabis program.

Delaware

Penalties for hash or concentrates are the same as for cannabis flower. This means that possession of one ounce or less of cannabis or concentrates is not considered a crime. Anything between one ounce and 175 ounces is considered a misdemeanor with possible jail time of three months and a $575 fine. Higher amounts of concentrates increase penalties. Former Gov. Jack Markell signed SB-90, or Rylie’s Law on June 23, 2015, which sets up a registry for cannabis oil for qualifying patients with epilepsy.

Florida

Possession of hash and concentrate products is a misdemeanor that requires up to one year in prison and a $1,000 maximum fine for 20 grams or less. More than that amount becomes a felony, which charges offenders with up to five years prison time and up to a $5,000 fine. Any tools related to creating hash or concentrates is considered to be drug paraphernalia. Former Gov. Rick Scott signed SB-1030, which allows cannabis oil with under 0.8 percent THC and more than 10 percent CBD for patients with cancer, chronic seizures or severe muscle spasms. The state has a medical cannabis program, specifically for the case of CBD for medical use.

Georgia

Possession of any amount of concentrate with 15 percent or more THC are considered to be a Schedule I substance. Possession of less than one gram, or less than one milliliter of liquid cannabis, is punishable with a maximum of three years and  a fine up to $5,000. On April 16, 2015, former Gov. Nathan Deal signed HB-1, or Haleigh’s Hope Act, which allows cannabis oil with no more than five percent THC for patients with a variety of illnesses. The state has a medical cannabis law to allow cannabis extracts that are high in CBD.

Hawaii

Hawaii considers less than one-eighth of an ounce of hash to be a misdemeanor and punishable with up to a $2,000 fine and up to one year in prison. More than one-eighth is considered a felony. The state has a medical cannabis program.

Idaho

Hash and concentrates are not defined and therefore, the punishments are the same as cannabis. Three ounces or less is considered a misdemeanor and punishable with up to one year and a maximum $1,000 fine. The state does not have a medical cannabis program.

Illinois

Punishments for possessing cocentrates are the same as cannabis flower offenses. Possession of 10 grams or less of cannabis or concentrates is a civil violation with a maximum $200 fine. The state has a medical cannabis program.

Indiana

Possession of less than five grams or more of concentrate is a felony, which can lead to up to two-and-a-half years in prison and up to a $10,000 fine. CBD products that contain less than three percent THC have no penalties or fines and are exempt from the criminal code. The state does not have a medical cannabis program.

Iowa

Concentrates receive the same punishments for possession as cannabis flower, with a slight alteration regarding delivery. As such, possession of any amount is a misdemeanor, with six months jail time and up to $1,000 for the first offense. Former Gov. Terry Branstad signed SF-2360 into law on May 30, 2014, which allows for the possession of CBD concentrates with less than three percent THC. The bill received heavy support from families who advocated for medical cannabis laws.

Kansas

Concentrates and cannabis share the same penalties in Kansas. Possession is considered to be a misdemeanor with a penalty of six months jail time and up to a $1,000 fine. Possession with intent to distribute any amount over 450 grams is a felony punishable by up to a $100,000 fine and a maximum amount of 42 months in jail. CBD products that contain less than three percent THC have no penalties or fines and are exempt from the criminal code.

Kentucky

Penalties for cannabis and hash are equally lenient. Less than eight ounces of either is considered a misdemeanor, with up to 45 days of prison time and a fine up to $250. On April 10, 2014, former Gov. Steve Beshear signed SB-124 into law, and it excludes CBD from the state’s definition of cannabis. The state does not have a medical cannabis program.

Louisiana

Penalties are the same for concentrates and cannabis. Possession of 14 grams or less of concentrate is not classified as a crime and carries a maximum fine of $300 and 15 days in jail. Possession of over 14 grams of concentrates can lead to a fine up to $500 and six months in jail. A one-time, two-year “cleansing period” applies for first-time convictions, blocking punishments for old convictions. The state has medical cannabis laws enacted.

Maine

Possession of five grams or less of concentrates carries no penalty. Possession of over five grams of concentrates can lead to up to a year in jail and a $2,000 fine. Trafficking concentrates is punishable by five years in jail and a $5,000 fine, and trafficking concentrates with a prior conviction can lead to 10 years in jail and a $20,000 fine. The state has both medical and recreational laws enacted.

Maryland

Penalties for concentrates and cannabis are the same. Possession of 10 grams of concentrates or less is considered a civil offense with no risk of jail time and punishable by a maximum $100 fine. The state has medical and limited decriminalization laws enacted.

Massachusetts

Possession of up to five grams of concentrates carries no penalty and no fine. Possession of more than that, and up to an ounce, is only a civil offense with a maximum $100 fine. Possession of more than an ounce is punishable up to one year in jail. Manufacturing concentrates is considered serious and carries penalties of 2.5-15 years in jail. The state has both medical and recreational programs.

Michigan

Penalties have been recently updated. Adult possession of up to 15 grams of concentrate carries no penalty and no fine. Possession of more than 2.5 ounces of marijuana and up to 5.0 ounces of cannabis is a civil infraction. Possession of more than 5 ounces of cannabis is a misdemeanor. The state has both medical and recreational programs established.

Minnesota

Possession of 45.2 grams or less is considered a misdemeanor with a maximum of fine of $200.

Possession of amounts more than that is considered a felony and punishments increase with higher amounts, and multiplies if the crime occurred near a school. The state has limited medical cannabis laws enacted.

Mississippi

Possessing 0.1 grams of hash is a misdemeanor or felony with a maximum fine of $1,000; 0.1-2

grams is a felony and punishable up to three years. For higher amounts, there is a risk of the

accused spending eight years or more in prison. The state has limited CBD

which allows for concentrates containing over 15 percent CBD and less than 0.5 percent THC for qualifying patients. The CBD oil must be obtained from the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.

Missouri

Possession of 10 grams or less is considered a misdemeanor and can carry a maximum fine of

$500. Possession of over 10-35 grams is a misdemeanor punishable by a $2,000 fine and one year in jail, and amounts higher than that is punishable by seven years in jail and up to $10,000 in fines. The state has CBD laws enacted, and medical cannabis laws enacted, but the medical cannabis system is not yet operational.

Montana

Possession of one gram or less of concentrate can lead to a misdemeanor punishable by up to

six months in prison and a maximum fine of $500. Possession of over one gram of concentrate is considered a felony punishable up to three years and a fine of $1,000. Manufacturing concentrates can lead to a maximum 10-year sentence. The state has a medical cannabis program.

Nebraska

Consuming concentrates is not a good idea in this state. Although possession of personal amounts of cannabis is only an infraction, possession of concentrates is a Class IV felony punishable by up to five years in prison and a $10,000 fine. Selling concentrates is punishable by up to 20 years in prison. The state has localized decriminalization laws enacted.

Nevada

Possession of up to one-eighth ounce (3.5 grams) of hash or concentrates is not a crime and there is no penalty. Possession of larger amounts of concentrate will incur incremental criminal penalties. The state has medical and expansive recreational cannabis laws.

New Hampshire

Possession of five grams or less of hash or concentrates is considered a civil violation and

punishable by a $100 fine. Manufacturing or selling concentrates, however, is a felony and punishable by 1-20 years in prison depending on the quantity. The state has medical cannabis program.

New Jersey

Five grams or less of hash is not a crime but the offender will be issued a Disorderly Person citation with up to six months in jail and a maximum $1,000 fine. Possession of larger amounts or manufacturing concentrates incurs harsher punishments, up to 20 years in prison. The state has medical cannabis laws enacted.

New Mexico

No possession limits apply, but any amount of hash is punishable of up to $1,000 and a maximum one-year sentence. A second offense can lead to a maximum of 18 years in prison. The state has a medical cannabis laws program.

New York

Possession of less than one-quarter ounce of concentrate is a misdemeanor punishable by up to one year in prison and a maximum $1,000 fine. Over one-quarter ounce is punishable by up to seven years in prison and a $5,000 fine. Manufacturing or possession of larger amount can lead to a 15-year sentence. The state has a medical cannabis laws program.

North Carolina

Possession of less than 0.5 ounces or less is a Class 3 misdemeanor and gets you a $200 fine. Up to .15 ounces is a Class 1 misdemeanor with a 1-45 day sentence. More than .15 ounces is a felony and can lead to a 4-6 month sentence. The state has CBD laws enacted.

North Dakota

Ingesting concentrates is a misdemeanor punishable by up to one year in prison and a $3,000

fine. Possession, however, is a felony and punishable by up to five years in prison and a $10,000 fine. Manufacturing concentrates can lead to a felony with 10 years in prison and a maximum $20,000 fine. The state has a medical cannabis laws program.

Ohio

Possession of five grams solid or one-gram liquid hash or concentrate is a misdemeanor with no incarceration and a fine no great than $150. Penalties for possession (as well as selling or manufacturing concentrates) rise based on the amount with a maximum of a second-degree felony with eight years in prison and a $15,000 fine. The state has a medical cannabis program.

Oklahoma

Possession of any amount of cannabis or concentrates is a misdemeanor with up to one year in prison and a $1,000 fine. However, processing cannabis into hash is a felony and punishable for between two years to life in jail and a fine up to $50,000. Former Gov. Mary Fallin signed House Bill 2154 in 2015, which allows consumption of cannabis oil containing less than 0.3 percent THC for the treatment of qualifying conditions. The state also has a medical cannabis program.

Oregon

There are no penalties for the possession of 16 ounces or less of solid concentrates at home, 72 ounces or less of infused liquids at home or one ounce or less of extract at home. However, unlicensed concentrates bought through the black market can lead to a misdemeanor or felony, between six months to five years of incarceration and up to a $125,000 fine, depending on the amount. The state has a medical cannabis program and legalized recreational cannabis.

Pennsylvania

Medical patients may possess a 30-day supply of concentrates. For those who do not have a medical cannabis recommendation, eight grams or less of hash or concentrate is a misdemeanor with a $500 fine and maximum 30 days in prison. Possession of more than eight grams or manufacturing of concentrates can yield up to five years incarceration and up to a $15,000 fine.

Rhode Island

An ounce or less of concentrate or flowers is only a civil violation with no incarceration and a maximum $150 fine. The penalties for hash and concentrates are the same as they are for cannabis in Rhode Island. The state has a medical cannabis program.

South Carolina

Possession of 10 grams or less of concentrates could lead to a misdemeanor conviction with 30 days incarceration and a $200 fine. Possession of more than 10 grams of concentrate carry greater penalties. On June 2, 2014, former Gov. Nikki Haley signed Section 1035, or Julian’s Law, which allows patients with Lennox-Gastaut Syndrome, Dravet Syndrome and other severe forms of epilepsy to obtain CBD oil.

South Dakota

Possession of any amount of concentrate is a felony punishable by law up to 10 years in prison and a $20,000 fine. The punishment is identical for manufacturing, distributing and dispensing concentrates. Possession of paraphernalia can also lead to a misdemeanor with a $500 fine and 30 days imprisonment.

Tennessee

Possession is a misdemeanor punishable by a minimum of 11 months imprisonment and a $2,500 fine. Manufacturing, delivering or selling concentrates is not tolerated, and the punishment can lead to a sentence of up to 60 years in prison at up to a $500,000 fine. The state does allow for medical CBD oil for qualifying conditions.

Texas

Possession of even less than one gram of concentrate is a felony with a $10,000 fine and up to two years in prison. Possession of larger amounts or manufacturing or delivery of concentrates can lead to life in prison. The state does allow for medical CBD oil for qualifying conditions.

Utah

Possession of less than an ounce of concentrate or flower results in a minimum of six months in jail plus a $1,000 fine, and any cannabis conviction results in suspension of a driver’s license for six months. The penalties for concentrates and hash are identical to those for cannabis in the state. The state has a medical cannabis program and allows medical CBD oil for qualifying conditions.

Vermont

Possession of five grams or less of concentrates is only a civil violation with a $200 fine and no jail time. Possession of more than five grams of concentrate can lead to six months to two years incarceration and a fine between $500 to $2,000. The state does have a medical cannabis program and legalized recreational cannabis.

Virginia

Cannabis extract with over 15 percent CBD but under five percent THC is eligible for affirmative defense of prosecution. Possessing any amount of cannabis oil with more than 12 percent THC is a felony and punishable by up to 10 years in prison. The state allows for medical CBD oil for qualifying conditions.

Washington

Possession of seven grams or less of concentrate, 16 ounces or less of solid cannabis-infused product or 72 ounces or less of liquid cannabis-infused product carries no penalty or fine. Over 40 grams, however, results in a felony with up to five years in prison and a $10,000 fine. The state has a medical cannabis program and legalized recreational cannabis.

West Virginia

Possession of any amount of concentrate or cannabis is a misdemeanor with 90 days to six months in jail and a $1,000 fine. The sale of any kind of cannabis is considered a felony with a one-year mandatory sentence that can rise to five years. Penalties for concentrate are the same as those for cannabis. The state has a medical cannabis program.

Wisconsin

Possession of any amount of concentrate is a misdemeanor punishable by up to six months in prison and a $1,000 fine. It becomes a felony for subsequent offenses which are punishable by up to three-and-a-half years and a maximum fine of $10,000. The state does allow for medical CBD oil for qualifying conditions.

Wyoming

Possession of 0.3 grams or less of liquid concentrate is a misdemeanor and is punishable by up to 12 months in prison and a $1,000 fine. Over 0.3 grams is a felony punishable by up to five years in prison and a $10,000 fine. The state does allow for medical CBD oil for qualifying conditions.

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