This map and the information provided within are intended to aid in the identification of state drug possession and paraphernalia possession laws across the United States and are for general informational purposes only. The information contained herein represents a specific point in time (the data are static, dates are notated). Drug Policy Alliance makes no claims, representation, or warranty of any kind as to the completeness, accuracy, or validity of the information provided. Users of this spreadsheet are ultimately responsible for verifying the correctness of the information provided. Under no circumstances shall Drug Policy Alliance have any liability for any loss or damage of any kind incurred as a result of the use of this spreadsheet or reliance on any information provided in this spreadsheet. Use of this spreadsheet and reliance on any information provided in this spreadsheet is solely at the risk of the user. This information is not legal advice. Contact an attorney in your state if you are facing drug charges.
Citations to relevant laws are provided in each drop-down menu for drug possession laws and drug paraphernalia laws. Unless otherwise noted, penalties listed are for the lowest level possession or lowest quantities of a controlled substance delineated by law; possession in higher quantities or of certain substances may incur more serious penalties. Likewise, unless otherwise noted, penalties listed are for a first-time offense where the defendant has no prior drug convictions. Prior convictions may result in increased penalties. Penalties for marijuana or marijuana concentrates or derivatives were not specifically analyzed.
The penalties listed show the maximum penalty authorized by law. In some circumstances, there may be alternative penalties available, including diversion or community supervision. Conversely, mandatory minimum sentences for drug possession convictions exist in several states but are not listed here. State statutes may also authorize additional fines, fees, and restitution payments that are not accounted for here.
The penalties listed apply to adults (age 18 or older). This map does not analyze the application of these laws to minors, which may differ by state.
The category “Not Criminalized/Infraction” is used to signify where imprisonment is not an authorized punishment for possession of drug paraphernalia. States may differ in their treatment of an infraction or violation as a criminal or non-criminal offense.
All drug arrest counts and rates reflect the most current, accurate, and complete data we were able to find. The drug arrest counts and rates include both possession and sales because many states do not report both categories separately; note, however, that the majority of drug arrests nationwide – around 85 percent – are for possession alone. Most of the data reflect 2022 drug arrest data, but there is one instance (i.e., Florida) where the most current, accurate data available is from 2021. In most cases, drug arrest numbers reflect data reported to the FBI by local and state law enforcement agencies. The FBI has historically relied on local police agencies to voluntarily submit data. You can read more about the FBI’s data collection in their frequently asked questions. In several instances where there was a significant discrepancy between data reported on the FBI Crime Data Explorer (CDE) and data reported through state police or public safety department reports, the latter were used (Florida, Kentucky, Mississippi, and New York).
State-level drug overdose mortality rates reflect data provided on this map by the Centers for Disease Control and Prevention. For the most recent state-level provisional drug overdose death counts, visit the Centers for Disease Control and Prevention’s National Vital Statistics System.
If you have corrections, updates, or questions, please email [email protected].
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