Is it legal to smoke marijuana? The analysis of USA laws.

As far as everybody knows, United States have a very complicated legislative system. If one wants to know the particular laws of the place he stays in, he is to face some trouble: federal laws can mean nothing (or just very little), and the state laws can be everything.

Federal law corpus can silently pass by a topic vital for the state's law system. Finally, the main law can be the federal one – if the state law system says nothing or redirects to the federal law corpus.

The main idea is that the state's law in most cases is more important than the federal one. Furthermore, as all the states are equal in rights. Thus, the conclusion is very easy – if you want to travel, if you change your work and/or place of living quickly – you have to know the laws of every state you are in. Something prohibited in one state is allowed in another and vice versa.

With this statements we have come to the main focus of our discussion. We will look through the states' law systems and examine how marijuana consumption is treated. This topic ranges extremely widely: from nearly total allowance in one state to total prohibition in another.

First, we have to deal with different types of:

• crime
• the thing action described in the law
• punishment.

Crimes can range from civil citation (the weakest) through misdemeanor (stronger) to felony (the strongest). For example, in Nebraska civil citation of possessing 1 oz or less of marijuana (for the first time) will result in a drug educational course. And $100 fine, of course.

Compared to another states' laws this is certainly a childish punishment. The felony may result in a life-time sentence (this, of course, is very rare procedure); even more, there exists such judicial practice as mandatory minimum sentence. This is the minimum penalty the judge has to approve. If there is a life-time sentence mandatory minimum service, the judge can't do nothing.

The range of actions prohibited or allowed can be different, too. Most frequent topics that are described in the law include: prohibition/allowance for medical purpose, degree of decriminalization, penalties for driving under marijuana and so on. The punishment are presented by penalties, fines, imprisonment and further.

Let us examine a sample. In Texas, possession of 1 to 5 oz can result in maximum of 5 year sentence and $10,000 fine, in West Virginia possession of any amount of marijuana will result in maximum 6 months sentence and $1,000 fine and in Nevada any amount is considered a misdemeanor, and there is a rehabilitation and treatment prepared for the infringer and $600 fine.

So, it is clear now. When you do change the state you are living in, be extremely careful and do read the law twice before you come there.

Finally, we advise you to have a look at the US map, which is presented here: http://www.norml.org/index.cfm?Group_ID=4516

If you want to have a look at the further medical aspects of the problem, read this report: http://www.rand.org/pubs/research_briefs/RB6012/index1.html