Drug Possession Penalties by State (2026)
How each state charges drug possession and the maximum penalties, from each state criminal code.
| State | Drug possession |
|---|---|
| Alabama | Possessing any controlled substance in Schedules I through V without authorization (for example, cocaine, heroin, methamphetamine or pills without a prescription) is unlawful possession of a controlled substance, a Class D felony (not more than five years or less than one year and one day; fine up to $7,500). Using or possessing drug paraphernalia, such as pipes, bongs or syringes, to use or store drugs is a Class A misdemeanor. Alabama law lets district attorneys run pretrial diversion programs and lets courts run accountability (drug) court programs; offenders with pending violent charges, sex-offender registration, or distribution or trafficking charges are not eligible for accountability court. Ala. Code 1975 §§ 13A-12-212, 13A-12-260(c), 13A-5-6, 13A-5-11, 12-17-226.3, 12-23A-5 |
| Alaska | Alaska calls drug crimes misconduct involving a controlled substance (MICS). Simple possession of any amount of a schedule IA, IIA, IIIA, IVA or VA controlled substance is MICS in the fifth degree, a Class A misdemeanor (up to 1 year, up to $25,000). It becomes MICS in the fourth degree, a Class C felony (up to five years and a fine up to $50,000), when the person has a prior fifth-degree possession conviction within the preceding 10 years, or when the drug is GHB or a related schedule IA substance listed in AS 11.71.140(e). Possessing a schedule IIIA, IVA, VA or VIA substance within 500 feet of school grounds or a recreation or youth center, or on a school bus, is also fourth-degree MICS. AS 11.71.040(a)(3), (a)(4), (a)(12), (d); 11.71.050(a)(4), (b); 11.71.140(e); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Possessing or using a narcotic drug (for example heroin, fentanyl or cocaine) is a class 4 felony, and possessing or using a dangerous drug (for example methamphetamine) is also a class 4 felony; the court must also impose a mandatory fine of at least $2,000 (narcotics) or one thousand dollars (dangerous drugs), or three times the value of the drugs if greater. For dangerous drugs other than LSD, methamphetamine, amphetamine or PCP, a person with no prior felony or drug conviction may have the offense reduced to a class 1 misdemeanor or left undesignated during probation. Possessing drug paraphernalia is a class 6 felony. Under Arizona's Proposition 200 law, a person convicted of personal possession or use of a controlled substance or paraphernalia must be placed on probation with drug treatment instead of prison, except for violent offenders, a fourth conviction, refusal of treatment or probation, or offenses involving methamphetamine. A.R.S. §§ 13-3407(A)(1), (B)(1), (H); 13-3408(A)(1), (B)(1), (J); 13-3415(A); 13-901.01 |
| Arkansas | Possessing less than 2 grams of methamphetamine, heroin or cocaine (Schedule I or II) is a Class D felony (up to 6 years in prison and a fine up to $10,000); 2 grams or more but less than 10 grams is a Class C felony, and 10 grams or more but less than 200 grams a Class B felony. Possessing less than 2 grams of another Schedule I or II drug (other than methamphetamine, fentanyl, heroin or cocaine) is also a Class D felony. Possessing fentanyl is a separate Class C felony (3 to 10 years). Possessing less than 2 grams of a Schedule III drug, or less than 28 grams of a Schedule IV or V drug, is a Class A misdemeanor (up to 1 year), raised to a Class D felony with four or more prior possession convictions. Possessing drug paraphernalia is a Class A misdemeanor, or a Class D felony when the drug is methamphetamine, heroin, fentanyl or cocaine and the person has a prior drug conviction. Ark. Code §§ 5-64-419(b)(1)-(4); 5-64-443(a); 5-64-421(a) (fentanyl, as listed by the Sentencing Commission); 5-4-401; 5-4-201 |
| California | Simple possession of a controlled substance (knowingly possessing a usable amount of a drug, knowing its nature) is generally a misdemeanor punishable by up to 1 year in county jail; a person with a prior conviction for certain very serious offenses or who must register as a sex offender is instead sentenced under Penal Code § 1170(h) (16 months, 2 or 3 years). Penal Code section 1000 drug diversion may be available. Since Proposition 36 (effective December 18, 2024), possessing a 'hard drug' (generally a Schedule I or II drug, including methamphetamine) by a person with two or more prior drug convictions of listed kinds is a 'treatment-mandated felony' under Health and Safety Code section 11395: a first conviction is punishable by up to 1 year in county jail or 16 months, 2 or 3 years under § 1170(h), and a later conviction by up to 1 year in county jail or state prison. The defendant may choose treatment instead, and the charge is dismissed after successful completion; jail or prison can be imposed only if the court finds the person not eligible or suitable for treatment or another listed circumstance applies. Cal. Health & Safety Code §§ 11350(a), 11377(a), 11395; Cal. Penal Code § 1000; CALCRIM No. 2304; Cal. Attorney General Information Bulletin 2024-DLE-19 |
| Colorado | Possessing four grams or less of a Schedule I or II controlled substance (or any amount of a Schedule III, IV or V substance, with listed exceptions) is a level 1 drug misdemeanor: up to 180 days in jail (up to 364 days for a third or later offense) or probation up to two years, plus a fine up to $1,000; a fourth or later offense is a level 4 drug felony. Possessing more than four grams of a Schedule I or II substance, or any amount of flunitrazepam, ketamine, GHB or cathinones, is a level 4 drug felony (presumptive range six months to one year). For fentanyl and related opiates, possessing more than one gram but not more than four grams is a level 4 drug felony, and one gram or less is a level 1 drug misdemeanor. Possessing drug paraphernalia is a drug petty offense punishable by a fine of not more than $100. C.R.S. §§ 18-18-403.5(1), (2)(a), (2)(c), (2.5)(a); 18-18-428(1)(a), (2); 18-1.3-501(1)(d.5)(II); 18-1.3-401.5(2)(a) |
| Connecticut | Possessing any quantity of a controlled substance other than cannabis is a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine. On a second offense the court evaluates the person and, if the person is drug-dependent, may suspend prosecution and order substance abuse treatment; a later offense may be treated under the persistent-offender statute. Using or possessing drug paraphernalia for drugs other than cannabis is a Class C misdemeanor. People charged with possession or paraphernalia can apply for the pretrial drug education and community service program (drug education or treatment of at least fifteen sessions plus community service); on satisfactory completion the court shall dismiss the charges. A person who has twice participated is generally ineligible. Conn. Gen. Stat. §§ 21a-279(a), 21a-267(a), 54-56i, 53a-36, 53a-42 |
| Delaware | Knowingly possessing, using or consuming a controlled substance without a lawful prescription or other authorization is a Class B misdemeanor, punishable by up to 6 months and a $1,150 fine (larger quantities and aggravating factors are charged as felony drug possession or dealing under other sections). Possessing or using drug paraphernalia is a Class B misdemeanor. A first offender with no prior drug conviction may plead guilty and be placed on deferred probation of at least 1 1/2 years, including a driver's license revocation of at least 6 months, at least 20 hours of community service and a 16-hour drug program; on completion the court dismisses the case without a conviction, and only one such dismissal is allowed. 16 Del. C. §§ 4763, 4767, 4771(a); 11 Del. C. § 4206 |
| District of Columbia | Knowingly or intentionally possessing a controlled substance without a valid prescription is a misdemeanor punishable by up to 180 days in jail, a fine, or both; possessing liquid PCP is a felony with up to 3 years. A first offender found guilty of simple possession may, with consent, be placed on probation for up to one year without a judgment of guilt; if probation is completed the court dismisses the case, which is not a conviction, and the person may then apply to have the records expunged. Using or possessing drug paraphernalia for the personal use of a controlled substance is not unlawful in D.C.; other prohibited use or possession of paraphernalia carries up to 30 days, and selling or delivering paraphernalia carries up to 6 months (2 years after a prior conviction). D.C. Code §§ 48-904.01(d), (e); 48-1103(a), (b) |
| Florida | Possessing any controlled substance without a valid prescription is a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine; possessing more than 10 grams of certain Schedule I and II substances listed in § 893.03(1)(a), (1)(b) or (2)(b) is a first-degree felony. Possessing 20 grams or less of cannabis is a first-degree misdemeanor, and Schedule V substances a second-degree misdemeanor. Using or possessing drug paraphernalia is a first-degree misdemeanor (up to 1 year and $1,000). A person charged with a nonviolent felony who has a substance abuse problem and no more than two prior nonviolent felony convictions is eligible for a pretrial substance abuse education and treatment program, including drug court; the court shall dismiss the charges on a finding that the program was successfully completed. Fla. Stat. §§ 893.13(6)(a)-(d), 893.147(1), 948.08(6) |
| Georgia | Possessing a controlled substance without authorization is a felony in Georgia. For Schedule I or narcotic Schedule II drugs: less than 1 gram is punished 'by imprisonment for not less than one nor more than three years'; 1 to under 4 grams, one to eight years; 4 to under 28 grams, one to 15 years (larger amounts are trafficking). Possession of Schedule III, IV or V drugs is one to three years (one to five for a third or later conviction). Using or possessing drug-related objects (paraphernalia, excluding needles and syringes) is a misdemeanor. A first-time possession defendant may, once, receive conditional discharge: probation without a judgment of guilt, with dismissal on successful completion. O.C.G.A. §§ 16-13-30(a), (c), (g); 16-13-32.2; 16-13-2(a) |
| Hawaii | Knowingly possessing any amount of a dangerous drug is promoting a dangerous drug in the third degree, a class C felony (five years and $10,000). Using or possessing drug paraphernalia is a violation subject to a fine of no more than $500, not a crime. A nonviolent person convicted for the first or second time of felony drug possession (other than certain methamphetamine offenses) who is assessed as needing treatment may be sentenced to probation with a substance abuse treatment program instead of prison; after completing treatment and probation, a first-time participant may apply once to have the conviction record expunged. Haw. Rev. Stat. §§ 712-1243, 329-43.5(a), 706-622.5 |
| Idaho | Possessing a Schedule I narcotic drug or any Schedule II controlled substance without a valid prescription is a felony punishable by up to seven (7) years in prison, a fine up to $15,000, or both. Possessing LSD is a felony punishable by up to three years, a fine up to $5,000, or both. Possessing other non-narcotic Schedule I substances or Schedule III through VI substances is a misdemeanor punishable by up to one year, a fine up to $1,000, or both. Using or possessing drug paraphernalia is a misdemeanor punishable by up to one year in jail, a fine up to $1,000, or both. Idaho Code §§ 37-2732(c)(1)-(3), 37-2734A(1), (3) |
| Illinois | Possessing a controlled or counterfeit substance (other than methamphetamine or anabolic steroids) in an amount below the large-quantity thresholds is a Class 4 felony (1 to 3 years), with a fine of not more than $25,000. Larger amounts are Class 1 felonies with longer ranges; for example, 15 grams or more but less than 100 grams of a substance containing heroin or cocaine carries 4 to 15 years. Possessing drug paraphernalia with intent to use it with a controlled substance is a Class A misdemeanor with a minimum fine of $750. A first-time offender with no prior drug felony may get 24 months of probation without a conviction being entered (so-called 410 probation); if completed, the case is dismissed, and a person may get only one such dismissal within 4 years. 720 ILCS 570/402(a), (c); 720 ILCS 600/3.5(a); 720 ILCS 570/410(a), (b), (f), (h); 730 ILCS 5/5-4.5-45 |
| Indiana | Knowingly possessing a narcotic drug classified in schedule I or II (such as fentanyl, a Schedule II narcotic opioid) without a valid prescription is charged as a Level 6 felony (6 months to 2.5 years). Knowingly or intentionally possessing methamphetamine without a valid prescription is also charged as a Level 6 felony in the basic case. Ind. Code §§ 35-48-4-6(a), 35-48-4-6.1(a), as applied in Franklin v. State, No. 25A-CR-307 (Ind. Ct. App. Aug. 22, 2025) (mem.) and Jackson v. State, No. 25A-CR-181 (Ind. Ct. App. Aug. 13, 2025) (mem.) |
| Iowa | Knowingly possessing a controlled substance other than marijuana without a valid prescription is a serious misdemeanor for a first offense (fine of $430 to $2,560 and up to one year). With one prior drug conviction it is an aggravated misdemeanor (up to two years), and with two or more prior drug convictions it is a class "D" felony (up to five years). The court may suspend the sentence and order probation with drug treatment or education, and for methamphetamine or amphetamine the court must order at least forty-eight hours in jail, which may be suspended with random drug testing on probation. Possessing drug paraphernalia is a simple misdemeanor. Iowa's general deferred judgment law lets a court, with the defendant's consent, defer judgment and place a first-time defendant on probation, subject to listed exclusions. Iowa Code §§ 124.401(5)(a), (d), (f); 124.414(3); 907.3(1) (Iowa Code 2026) |
| Kansas | Possessing opiates, opium, narcotic drugs, or certain stimulants listed in K.S.A. 65-4107 is a drug severity level 5 felony. Possessing most other controlled substances, such as listed depressants, hallucinogens and anabolic steroids, is a class A nonperson misdemeanor, rising to a drug severity level 5 felony with a prior conviction for the same type of possession. Possessing drug paraphernalia for personal use (to store, inject, ingest or inhale a drug) is a class B nonperson misdemeanor, while paraphernalia used to manufacture or distribute is a drug severity level 5 felony. Many people convicted of felony drug possession who fall in certain sentencing-grid boxes and have no prior manufacturing or distribution conviction are placed in a certified drug abuse treatment program instead of prison. K.S.A. 21-5706(a)-(c); 21-5709(b), (e); 21-6824(a) |
| Kentucky | Possessing a Schedule I or II narcotic drug (such as heroin or fentanyl), methamphetamine, LSD, PCP, GHB, flunitrazepam or a controlled substance analogue is first-degree possession, a Class D felony with a maximum of three years. For a first or second offense, the person may be offered deferred prosecution (preferred for a first offense) or presumptive probation; deferred prosecution requires the prosecutor's agreement, lasts up to two years, and on successful completion the charges are dismissed and records sealed. Possessing other Schedule I or II drugs or Schedule III drugs is second-degree possession, and Schedule IV or V drugs is third-degree possession; both are Class A misdemeanors (up to 12 months). Using or possessing drug paraphernalia is a Class A misdemeanor. KRS 218A.1415, 218A.14151, 218A.1416, 218A.1417, 218A.500; 532.090 |
| Louisiana | Drug possession (for example cocaine, methamphetamine, or other Schedule II drugs without a valid prescription) is a felony in Louisiana. Less than two grams: up to two years with or without hard labor and a fine of not more than $5,000; two grams to under 28 grams: one to five years and up to $5,000. Fentanyl or carfentanil under two grams carries two to four years. Possessing drug paraphernalia: a first conviction is a fine of not more than $300, up to 15 days, or both; second, up to $1,000 and six months; third or later, up to $2,500 and two years (marijuana-only paraphernalia is a $100 fine for a first conviction). La. R.S. 40:967(C)(1), (C)(2), (C)(4)(a); R.S. 40:1023(C); R.S. 40:1025(A)-(C), (E) |
| Maine | Possessing a small amount of a schedule W drug (Maine's most serious schedule, which includes heroin, cocaine, fentanyl, oxycodone and methamphetamine) is a Class D crime (less than one year in jail, fine up to $2,000), as is possessing a schedule X drug; schedule Y and Z drugs (other than marijuana) are Class E. Possession becomes a Class C crime (up to 5 years) above set amounts, such as more than 200 milligrams of heroin, fentanyl powder, oxycodone or methamphetamine or more than 2 grams of cocaine, or for any amount of those drugs if the person has a prior drug trafficking or furnishing-type conviction. Using drug paraphernalia, or possessing it with intent to use it, is a civil violation (not a crime) with a mandatory $300 fine. 17-A M.R.S. §§ 1107-A(1)(B)-(F), 1111-A(4-B), 1604(1) |
| Maryland | Possessing a controlled dangerous substance (other than cannabis) without a prescription is a misdemeanor: up to 1 year in jail, a fine up to $5,000, or both for a first conviction; up to 18 months for a second or third; and up to 2 years for a fourth or later conviction (fine up to $5,000 in each case). Before sentencing, the court may order a substance use disorder assessment, and if one is done the court generally must suspend the sentence, order probation and require any needed treatment (or may impose a jail term with treatment provided there). Using or possessing drug paraphernalia is a misdemeanor with a fine up to $500 for a first violation and up to 1 year and/or $1,000 for a later one. Md. Code, Crim. Law §§ 5-601(c), (e), 5-619(c) |
| Massachusetts | Possessing a controlled substance without a prescription is generally punishable by up to one year in jail, a fine up to $1,000, or both. Possessing heroin is punishable by up to two years in a house of correction, a fine up to $2,000, or both for a first offense, and 2 1/2 to 5 years in state prison or a fine up to $5,000 for a later offense; Class E substances carry up to six months or $500. A first-time offender with no prior drug conviction who completes a continuance without a finding or probation may have the case dismissed and records sealed. Simple possession or use of drug paraphernalia is not a crime; only selling or making it for sale is (up to two years). G.L. c. 94C, §§ 31, 32I, 34 |
| Michigan | Possessing less than 25 grams of a mixture containing a schedule 1 or 2 narcotic drug or a drug described in MCL 333.7214(a)(iv) is a felony punishable by up to 4 years, a fine up to $25,000, or both. Possessing most other schedule 1 to 4 drugs is a felony with up to 2 years and/or $2,000, while substances described in MCL 333.7212(1)(h) or 333.7214(c)(ii) carry up to 10 years and/or $15,000. A first-time offender with no prior drug conviction who is found guilty of simple possession or use may, with consent, be placed on probation with proceedings deferred; on successful completion the court must dismiss the case without an adjudication of guilt, and this is available only once. MCL 333.7403(2)(a)(v), (2)(b); 333.7411(1) |
| Minnesota | Possessing a controlled substance (other than cannabis or hemp products) is fifth-degree possession, a felony punishable by up to five years, a fine up to $10,000, or both. For a person with no prior drug conviction, it is only a gross misdemeanor (up to 364 days and/or $3,000) if the amount is less than 0.25 grams (less than 0.05 grams for heroin) or one dosage unit or less. For a first-time fifth-degree possession offender, the court must (and for some other possession crimes may) defer proceedings and place the person on probation; on successful completion the case is dismissed without an adjudication of guilt. Minnesota repealed its drug paraphernalia possession statute (§ 152.092) in 2023. Minn. Stat. §§ 152.025, subds. 2, 4; 152.18, subd. 1; 152.092 (repealed 2023 c 52 art 15 s 17) |
| Mississippi | Possessing a Schedule I or II controlled substance (other than marijuana) is graded by amount: less than 0.1 gram (or less than 2 dosage units) is a misdemeanor punished by up to one year and/or up to $1,000; 0.1 gram to less than 2 grams, up to three years and/or $50,000; 2 grams to less than 10 grams, up to eight years and/or $250,000; 10 grams to less than 30 grams, three to 20 years and/or $500,000 (§ 41-29-139(c)(1)). Possessing drug paraphernalia with intent to use it is a misdemeanor, up to six months in county jail and/or up to $500 (§ 41-29-139(d)(1)). A person with no prior drug conviction who is found guilty of possession may, with the person's consent and at the court's discretion, be placed on probation without a judgment of guilt and have the case dismissed after completing it; this can be used only once (§ 41-29-150(d)). Miss. Code Ann. §§ 41-29-139(c), (d), 41-29-150(d) |
| Missouri | Knowingly possessing any controlled substance other than small amounts of marijuana or synthetic cannabinoids is a class D felony, punishable by up to seven years in prison and a fine up to $10,000. Knowingly using or possessing drug paraphernalia with intent to use it with a controlled substance is a class D misdemeanor (fine up to $500), or a class A misdemeanor (up to one year and $2,000) if the person has a prior controlled-substance offense; paraphernalia possessed in combination to make methamphetamine or amphetamine is a class E felony. RSMo §§ 579.015.2, 579.074; §§ 558.002, 558.011 |
| Montana | Possessing any dangerous drug (other than amounts allowed under the state marijuana law) is criminal possession of dangerous drugs, punishable by up to 5 years in state prison, a fine up to $5,000, or both. A person convicted of a first violation is presumed entitled to a deferred imposition of the prison sentence. Using or possessing drug paraphernalia with intent to use it with a dangerous drug is a misdemeanor with up to 6 months in county jail, a fine up to $500, or both, and a first violation also carries a presumption of deferred imposition of sentence. MCA §§ 45-9-102, 45-10-103 |
| Nebraska | Knowingly or intentionally possessing any controlled substance other than marijuana without a valid prescription (for example cocaine, heroin, methamphetamine or fentanyl, in any amount) is a Class IV felony, punishable by up to two years in prison plus twelve months of post-release supervision or a $10,000 fine, or both. Using or possessing drug paraphernalia with intent to use it with a controlled substance is only an infraction. By contrast, a first offense for one ounce or less of marijuana is an infraction with a $300 fine. Neb. Rev. Stat. §§ 28-416(3), (14) (operative July 18, 2026), 28-441, 28-105 |
| Nevada | Possessing less than 14 grams of a Schedule I or II controlled substance (such as heroin, cocaine, methamphetamine or fentanyl) for personal use is a category E felony for a first or second offense, and the court must defer judgment if the person consents. A third or later offense (two or more prior drug convictions) is a category D felony (1 to 4 years) with a possible fine up to $20,000. A person with no prior drug convictions may also have proceedings suspended and be placed on probation conditioned on completing an education or treatment program, with the charge dismissed on success. Using or possessing drug paraphernalia with intent to use it with a controlled substance is a misdemeanor. NRS 453.336(2), 453.3363, 453.566; NRS 176.211; NRS 193.130 |
| New Hampshire | Knowingly possessing a controlled drug in Schedules I through IV without authorization (for example heroin, cocaine or fentanyl) is a class B felony (up to seven years) with a fine up to $25,000, and a violation after one or more prior drug offenses is a class A felony with a fine up to $50,000. Possessing only a residual amount is a misdemeanor (with an exception for service syringe program participants). New Hampshire's paraphernalia law makes it unlawful to deliver, possess with intent to deliver, or manufacture drug paraphernalia, which is a misdemeanor. RSA 318-B:26, II(a), (e), III(c) (amended eff. July 1, 2025); RSA 318-B:2, II |
| New Jersey | Possession of a Schedule I, II, III or IV controlled dangerous substance (for example heroin, cocaine or methamphetamine), in any amount, is a crime of the third degree, with a fine of up to $35,000 (§ 2C:35-10(a)(1)); the ordinary prison range for a third-degree crime is three to five years (§ 2C:43-6(a)). Possession of a Schedule V substance is a crime of the fourth degree with a fine of up to $15,000 (§ 2C:35-10(a)(2)). Using or possessing drug paraphernalia is a disorderly persons offense; paraphernalia used for marijuana or hashish is not punishable (§ 2C:36-2). A person with no prior drug conviction or prior supervisory treatment who is charged with a disorderly persons or petty disorderly persons drug offense may receive 'conditional discharge' supervisory treatment of up to three years; on successful completion the case is dismissed without an adjudication of guilt and is not deemed a conviction (§ 2C:36A-1). N.J.S. 2C:35-10(a)(1), (a)(2); N.J.S. 2C:36-2; N.J.S. 2C:36A-1; N.J.S. 2C:43-6(a) |
| New Mexico | In New Mexico, intentionally possessing a controlled substance without a valid prescription is a crime (§ 30-31-23(A)). Possessing any amount of a Schedule I, II, III or IV substance is generally a misdemeanor, punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) or imprisonment for a definite term less than one year, or both (§ 30-31-23(D)). Possessing a narcotic drug in Schedule I or II, methamphetamine, phencyclidine, flunitrazepam or GHB-type substances is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-31-23(E)). Using or possessing drug paraphernalia with intent to use it is handled by a penalty assessment with a fine of fifty dollars ($50.00), while delivering or manufacturing paraphernalia for delivery is a misdemeanor (§ 30-31-25.1(C)). A person with no prior drug conviction who is found guilty of possession may receive a conditional discharge: the court defers proceedings and places the person on probation for up to one year, and dismisses the case without an adjudication of guilt if probation is completed (§ 30-31-28). NMSA 1978, §§ 30-31-23, 30-31-25.1, 30-31-28; § 31-18-15 |
| New York | Knowingly and unlawfully possessing any amount of a controlled substance is criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days and $1,000); trace residue in a syringe does not count, and possession discovered while seeking emergency help for an overdose is excluded. Possession becomes a felony based on amount or intent to sell; for example, possessing 500 milligrams or more of cocaine, or narcotic preparations weighing one-half ounce or more, is fifth-degree possession, a class D felony. Possessing or selling cutting agents, glassine envelopes or vials, or scales for packaging or weighing drugs for unlawful use is criminally using drug paraphernalia in the second degree, a class A misdemeanor. People charged by indictment with class B through E felony drug offenses may be eligible for judicial diversion into treatment under Criminal Procedure Law article 216. N.Y. Penal Law §§ 220.03, 220.06, 220.50; Crim. Proc. Law § 216.00 |
| North Carolina | Simple possession of a Schedule I controlled substance is a Class I felony. Possession of a Schedule II, III or IV substance is generally a Class 1 misdemeanor, but it is a Class I felony for cocaine, methamphetamine, amphetamine or phencyclidine, or for more than 100 dosage units (or more than four of hydromorphone), and a Class H felony for fentanyl or carfentanil. Possessing or using drug paraphernalia is a Class 1 misdemeanor. A first offender with no prior felony or drug convictions who is found guilty of misdemeanor possession or paraphernalia (or certain felony possession) may receive a conditional discharge: the court defers judgment and places the person on probation, and dismisses the case once the conditions are met; this is available only once. N.C. Gen. Stat. §§ 90-95(d)(1)-(2), 90-113.22, 90-96(a) |
| North Dakota | Willfully possessing a controlled substance without a valid prescription is a class A misdemeanor for a first offense (up to 360 days and $3,000), and a class C felony (up to 5 years) for a second or later offense not related to marijuana, THC or kratom. Possessing five or fewer pills of a Schedule II-V drug is also a class A misdemeanor (class C felony on a repeat offense). Possessing paraphernalia to use a Schedule I, II or III drug (other than marijuana) is a class A misdemeanor, or a class C felony with a prior drug conviction; paraphernalia for marijuana use is an infraction. A felony possession conviction is deemed a misdemeanor after successful completion of a treatment court, mental health court or veterans treatment docket program. N.D.C.C. §§ 19-03.1-23(7)(a)-(b), (7)(j), (10); 19-03.4-03 |
| Ohio | Possessing a small amount (less than the bulk amount) of a Schedule I or II drug is aggravated possession of drugs, a felony of the fifth degree (6 to 12 months); possessing less than five grams of cocaine, less than five grams of heroin, or less than one gram of a fentanyl-related compound is likewise a fifth-degree felony. Possessing less than the bulk amount of a Schedule III, IV or V drug is a misdemeanor of the first degree, or a fifth-degree felony with a prior drug abuse conviction. Using or possessing drug paraphernalia is a misdemeanor of the fourth degree (up to 30 days and $250). A person whose offense was linked to drug or alcohol use may ask for intervention in lieu of conviction: if eligible, the person pleads guilty, follows a one-to-five-year treatment plan, and on successful completion the court dismisses the case without a conviction. R.C. 2925.11(C)(1)(a), (C)(2)(a), (C)(4)(a), (C)(6)(a), (C)(11); 2925.14(C)(1), (F)(1); 2951.041 |
| Oklahoma | Simple possession of a controlled dangerous substance (other than marijuana) is a misdemeanor punishable by up to one (1) year and a fine of up to One Thousand Dollars ($1,000.00). A second offense within ten (10) years is still a misdemeanor and the court may order a diversion program instead; a third within ten (10) years carries at least thirty (30) days in county jail; a fourth within ten (10) years is a felony (one (1) to five (5) years and up to $5,000.00), which can be reduced to a misdemeanor after a diversion program. Possessing or using drug paraphernalia is a misdemeanor punishable by up to one (1) year in county jail or a fine of up to $1,000.00 (first offense). First-time drug offenders may receive a deferred proceeding with probation; on successful completion the case is dismissed without a conviction (available only once). 63 O.S. §§ 2-402(B), 2-405(C), (E), 2-410(A) |
| Oregon | Since 2024, possessing a small amount of a Schedule I or II drug (for example heroin or methamphetamine) is a "drug enforcement misdemeanor." For this offense the court may impose up to 180 days of incarceration only if the defendant asks for it; otherwise it must suspend jail and impose supervised probation of up to 18 months, with no fines, costs or assessments, and up to 180 days of incarceration if probation is revoked. Possessing larger amounts is a Class A misdemeanor (for example one gram or more of heroin or two grams or more of methamphetamine), and possession that is a commercial drug offense or a substantial quantity is a felony. The court may place a defendant on a probation agreement (initial term of 12 months, with a substance abuse evaluation and any recommended treatment) and dismiss the charge without a finding of guilt if the terms are fulfilled. Oregon does not make simple possession of drug paraphernalia a crime; selling, delivering or manufacturing it for sale brings a civil penalty of at least $2,000 and not more than $10,000. ORS 475.752(3), 475.854, 475.894, 475.896, 475.897, 475.525(1), 475.565(1)(a) |
| Pennsylvania | Knowingly or intentionally possessing a controlled substance without a valid prescription or other authorization is a misdemeanor punishable by up to one year in prison, a fine up to $5,000, or both; after a prior drug conviction under the Act has become final, the maximum rises to three years, a fine up to $25,000, or both. Using or possessing drug paraphernalia with intent to use it is a misdemeanor punishable by up to one year, a fine up to $2,500, or both. A drug-dependent person with no prior drug conviction, misdemeanor or felony conviction, or prior Accelerated Rehabilitative Disposition who pleads guilty or no contest to a nonviolent offense under the Act may be placed on probation without verdict; after completing it, the case is dismissed without a finding of guilt and is not a conviction for any purpose. This option is available only once. Controlled Substance, Drug, Device and Cosmetic Act (Act 64 of 1972), §§ 13(a)(16), (a)(32), (b), (i), 17 (35 P.S. §§ 780-113, 780-117) |
| Rhode Island | Knowingly or intentionally possessing a controlled substance without a valid prescription is a crime. For drugs in Schedules I through V (other than marijuana and buprenorphine), possessing ten grams or less of a mixture containing a detectable amount is a misdemeanor punishable by up to two (2) years and/or a fine of up to $500. Possessing more than ten grams but less than one ounce is a felony punishable by up to three (3) years and/or a fine of up to $5,000. Larger amounts are covered by the separate trafficking sections. Rhode Island's paraphernalia chapter penalizes manufacturing or delivering drug paraphernalia, and delivering it to a minor. R.I. Gen. Laws §§ 21-28-4.01(c)(2)(i)-(ii), 21-28.5-2, 21-28.5-3 |
| South Carolina | Simple possession of a Schedule I(b) or (c) narcotic, LSD, or a Schedule II narcotic is, for a first offense, a misdemeanor punishable by up to two years, a fine up to $5,000, or both; a second offense is a felony punishable by up to five years (fine up to $5,000), and a third or later offense a felony with up to five years and/or a $10,000 fine. A first offense of possessing cocaine is a misdemeanor punishable by up to three years and/or a $5,000 fine, as is possessing less than one gram of methamphetamine or cocaine base. Possessing drug paraphernalia brings a civil fine of not more than $500. A person with no prior drug conviction who is found guilty of simple possession may receive a conditional discharge: the court defers judgment and places the person on probation (possibly with treatment), then dismisses the case without a finding of guilt; it can be used only once, requires a $350 fee in general sessions court or $150 in summary court, and allows expungement. S.C. Code §§ 44-53-370(c), (d), 44-53-375(A), 44-53-391, 44-53-450 |
| South Dakota | Knowingly possessing a controlled substance without a prescription is a Class 5 felony (up to five years, $10,000) for a Schedule I or II drug and a Class 6 felony (up to two years, $4,000) for a Schedule III or IV drug; the statute sets no minimum amount. Intentionally ingesting, inhaling or otherwise taking a controlled substance into the body to become intoxicated (other than alcohol or a prescribed substance) is a Class 1 misdemeanor. Using or possessing drug paraphernalia with intent to use it is a Class 2 misdemeanor (up to thirty days, $500). For a first-time felony defendant, the court may, with the defendant's consent and without entering a judgment of guilt, suspend imposition of sentence and place the person on probation; it is available only once. SDCL 22-42-5, 22-42-15, 22-42A-3, 23A-27-13; 22-6-1, 22-6-2 |
| Tennessee | Knowingly possessing or casually exchanging a controlled substance without a valid prescription (simple possession) is a Class A misdemeanor (up to 11 months 29 days and/or $2,500). Possession of any amount of methamphetamine, or of fentanyl and related opioids, must be punished by at least 30 days of confinement served at 100% (with a drug or recovery court option). It is a Class E felony (1 to 6 years) when the person has two or more prior convictions under the section and the current offense involves heroin. Using or possessing drug paraphernalia with intent to use is a Class A misdemeanor. First offenders may be eligible for judicial diversion: the court may defer proceedings and place a qualified defendant on probation without entering a judgment of guilty, then dismiss the case after successful completion (excluded are, among others, Class A or B felonies, listed sexual offenses, and people previously convicted of a felony or a Class A misdemeanor with confinement served). Tenn. Code Ann. §§ 39-17-418(a), (c)(1)-(3), (e); 39-17-425(a); 40-35-313(a); 40-35-111 |
| Texas | Possessing a Penalty Group 1 or 1-B drug (such as cocaine, heroin, methamphetamine or fentanyl) without a valid prescription is a state jail felony if less than one gram (180 days to 2 years), a third-degree felony for one to less than four grams, and more serious above that; possessing less than one gram of a Penalty Group 2 drug is also a state jail felony. For a state jail felony conviction for possessing less than one gram, the judge must suspend the sentence and place the defendant on community supervision (probation), unless the defendant has a prior felony conviction or was previously on deferred adjudication for the offense. Possessing drug paraphernalia for personal use is a Class C misdemeanor (fine up to $500). A person who was the first to call for emergency help for an overdose, or was the overdose victim, has a defense to the less-than-one-gram possession charge. Tex. Health & Safety Code §§ 481.115(a)-(c), (g); 481.116(b); 481.125(a), (d); Tex. Code Crim. Proc. art. 42A.551(a)-(b) |
| Utah | Knowingly possessing or using a controlled substance without a valid prescription is a class A misdemeanor (up to 364 days and $2,500) for a Schedule I or II drug (other than marijuana) on a first or second conviction, and a third degree felony (up to five years) on a third conviction within seven years. Other controlled substances are a class B misdemeanor. Penalties go up one degree for someone with a prior drug-dealing conviction or for possession inside a jail or correctional facility. Using or possessing drug paraphernalia is a class B misdemeanor (up to six months and $1,000); an unused syringe in a sealed sterile package is not paraphernalia. Utah Code §§ 76-18-207(2)-(4), 76-18-304(3)-(4), 76-3-204, 76-3-301 |
| Vermont | Knowingly possessing a small amount of cocaine, heroin, or another depressant, stimulant or narcotic drug without authorization is a misdemeanor punishable by up to one year in prison, a fine up to $2,000, or both. Larger amounts are felonies: for example, 2.5 grams or more of cocaine or 200 milligrams or more of heroin carries up to five years and $100,000. Possessing 224 milligrams or less of buprenorphine is not punished under the general possession penalty. Vermont's paraphernalia law now penalizes only selling drug paraphernalia to someone under 18 (up to two years and $2,000); simple possession of paraphernalia is not listed as an offense. 18 V.S.A. §§ 4231(a), 4233(a), 4234(a), 4476 |
| Virginia | Possessing a Schedule I or II controlled substance (for example heroin, cocaine, fentanyl or methamphetamine) without a valid prescription is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine). Schedule III possession is a Class 1 misdemeanor, Schedule IV a Class 2 misdemeanor, Schedule V a Class 3 misdemeanor and Schedule VI a Class 4 misdemeanor. Virginia's paraphernalia law makes selling paraphernalia, or possessing it with intent to sell, a Class 1 misdemeanor; the statute does not make simple possession of paraphernalia a crime. A first offender with no prior drug conviction who pleads to possession may have the case deferred and be placed on probation with a substance abuse assessment, drug testing and community service (at least 100 hours for a felony); on successful completion the charge is dismissed without a finding of guilt. Va. Code §§ 18.2-250, 18.2-251, 18.2-265.3, 18.2-10, 18.2-11 |
| Washington | Knowingly possessing a controlled substance without a valid prescription is a gross misdemeanor in Washington, not a felony. The maximum is 180 days in jail, a fine up to $1,000, or both; with two or more prior possession convictions occurring after July 1, 2023, the maximum rises to 364 days. Prosecutors are encouraged to divert these cases for assessment, treatment or other services, and police are encouraged to offer referral to assessment and services instead of jail booking. Paraphernalia: using paraphernalia for controlled substances other than cannabis, or delivering it, is a misdemeanor (a gross misdemeanor for an adult delivering to a minor at least three years younger); the statute does not make simple possession of paraphernalia a crime, and adults may possess sterile syringes. RCW 69.50.4013, 69.50.412, 9A.20.021 |
| West Virginia | Possessing a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to 6 months in jail, a fine of up to $1,000, or both. A person with no prior drug conviction may receive a conditional discharge: the court defers the case and imposes probation, and on successful completion dismisses it without a conviction; it can be used only once, and records may be expunged at least 6 months after probation ends. The former drug paraphernalia business section (§ 60A-4-403a) is shown as repealed on the official code site. W. Va. Code §§ 60A-4-401(c), 60A-4-407, 60A-4-403a |
| Wisconsin | Possessing a Schedule I or II narcotic drug or methamphetamine is a Class I felony (up to 3 years 6 months and/or $10,000). Possessing cocaine is punishable on a first conviction by a fine up to $5,000 and up to one year in county jail, and is a Class I felony for a second or subsequent drug offense; LSD, amphetamine, MDMA, psilocybin and certain other drugs are treated the same way. Other controlled substances not specifically listed are a misdemeanor punishable by up to 30 days and/or $500. Using or possessing drug paraphernalia with intent to use it is punishable by a fine up to $500, up to 30 days, or both. A first offender charged with possession of an "other" controlled substance (under § 961.41(3g)(b)) may, with consent, have proceedings deferred and be placed on probation; on completion the charge is dismissed without a conviction (once per person). Wis. Stat. §§ 961.41(3g)(am)-(g), 961.47, 961.573(1), 939.61(2), 939.50(3) |
| Wyoming | Wyoming grades drug possession by amount and schedule. Possessing a small amount (for example no more than 3 grams of a powder, crystal, pill or capsule, or 0.5 gram of crack cocaine) of any controlled substance is a misdemeanor punishable by up to twelve (12) months in jail, a fine up to $1,000, or both; a third or subsequent conviction is punishable by up to five (5) years and $5,000. Possessing more than those amounts of methamphetamine or a Schedule I or II narcotic is a felony punishable by up to seven (7) years and a $15,000 fine; other Schedule I, II or III substances, up to five (5) years and $10,000. Delivering or possessing with intent to deliver drug paraphernalia is punishable by up to six (6) months and $750; the statute reviewed does not make simple possession of paraphernalia a crime. A first offender found guilty of possession may, with consent, have proceedings deferred and be placed on probation; on completion the case is dismissed without a conviction (only once per person). W.S. 35-7-1031(c)(i)-(v), 35-7-1037, 35-7-1056 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.