The State of Missouri announced that it will become the 19th American state to decriminalize recreational use of cannabis, with new laws taking effect in January, 2017. The new law reforms the state’s existing no-tolerance stance and corresponding law, which also includes protection for people who are searched or arrested, and found to have ten grams or more at the time of incarceration. Sentences for possession, sale, and cultivation have also been reduced, and will take effect in 2017.

As more states move ahead with decriminalizing the personal use of cannabis, there is a growing belief that cannabis laws are complacent in all states. Another commonly held believe is that there will be leniency when charged with possession, even in states that have not amended or decriminalized the recreational drug. Some Americans think that it is impossible to find themselves on the wrong side of the law, since decriminalization in all states and territories seems imminent.

Nothing could be further from the truth. In fact, in some states that are staunchly opposed to legalizing marijuana and cannabis, there has been discussions about increasing the penalties for possession, cultivation, or distribution of the drug. Many of the states which have considered increased legal consequences and penalties border on states that have already legalized the drug, including Colorado. The border states have seen a marginal increase in drug traffic, crime, and misdemeanors as a result of increased tourist traffic to states where it is legalized.

The State of Texas

Everything is bigger in Texas – or so the slogan goes – and that includes the penalty for recreational drug possession, sale, or distribution. Hashish oil or cannabis can land you with a felony charge, and six months to two years in prison. Possession of over a gram of any Schedule II drug can land you in prison for ten years, and over four grams can get you sentenced for up to twenty years.

At SXSW in 2016, cannabis advocates addressed the economic advantages of legalizing and taxing marijuana in Texas, particularly given state budget and taxation shortfalls within the last year. In 2015, Texas passed the "Compassionate Use Act" which legalized the prescribed use of pharmaceutical CBD therapies and oil for medical purposes, particularly in hospice care or cancer treatment. In Harris County, Texas, a "first chance" policy was also instituted in 2015 that allowed non-violent, first-time offenders (with small amounts of cannabis in possession) to be ticketed, rather than charged with a felony crime for their first offense.

The State of Oklahoma

Deep in the Bible belt, and right next door to Texas, is the state of Oklahoma. This state is home to some of the toughest felony consequences for Schedule II drug use or possession. Any amount, small or large, of cannabis earns an individual one year in prison, with no plea bargaining. A second offense of possession in the state carries a ten-year felony charge and sentence.

If you are found to be condensing a drug into a concentrate – including what is referred to as "honey," a concentrated sticky reductions of hash – then you automatically face a twenty-year prison sentence in Oklahoma. Possession of any Schedule II drug on or near a school or college campus automatically carries a felony charge in the state of Oklahoma.

Oklahoma is also one of the states where you can serve jail time for being "high," even if you have no drugs in your possession. The state recently passed a metabolite per se DUID law, which means that you can be tested for being under the influence and driving. The sentence ranges from ten days to more than a year for the first DUID offense, and ten years on a felony charge for subsequent offenses. South Dakota, Wyoming, New Jersey, and Idaho also require submission of a urine test for metabolites, and offer severe consequences for driving under the influence of any Schedule II drug, unlike Colorado Springs criminal law.

The State of Tennessee

While the state is engaged in reinstating a thriving industrial hemp agricultural come-back, Tennessee is very strict about the use of cannabis. Any individual found to be carrying more than one-half of an ounce of marijuana can be convicted of a felony offense. You can also be charged in the state of Tennessee for exchanging (even without payment) Schedule II drugs, and the Tennessee Code Ann. § 39-27-418 makes it legal for a judge to order education, therapeutic drug programs, and community service.

The first and second offenses in Tennessee carry an average fine of up to $2,500 and up to one year in jail (or both consequences). Third and subsequent offences carry an average fine of $5,000, and from one to six years in prison.

The penalties for cultivation in the state of Tennessee are some of the toughest in the country. Individuals found in possession of larger quantities of any Schedule II drug, including cannabis, face a sliding scale of fines and prison time, depending on the amount confiscated during incarceration:

• Up to one ounce averages a fine of $2,500 and up to a year in jail.
• One ounce to less than ten pounds results in a fine of up to $5,000 and up to six years in prison.
• Ten pounds to less than seventy pounds results in a fine of up to $50,000 and two to twelve years in prison.
• Seventy pounds to less than 300 pounds includes a fine of up to $200,000 and eight to thirty years in prison.
  
• Individuals charged with 300 pounds or more of cannabis or other Schedule II drugs can be fined up to $500,000 and spend from 15 to 60 years in prison.
  

In terms of fines and felony consequences, the state of Tennessee is the last state in which any individual would want to face down a drug possession or distribution charge. In the state of Tennessee, all importers and resellers are required to pay a "stamp tax." Given the fact that cannabis is illegal, no one pays the tax in Tennessee on drug-related sales, and individuals who are charged also face a value tax bill, in addition to other fees and fines, of approximately $3.50 per gram.

Understand the Different Consequences of Cannabis Possession Between States

While cannabis possession and recreational use laws were unilaterally passed in Canada, there is no indication that the legalization of marijuana for recreational use will be a fast or imminent transition in all states. It is, however, important to understand the financial and felony risks associated with possession and use outside of the few 19 American states that have legalized it. Outside of those few states, there is still a high price to pay for cannabis use.