15 Things That Are Illegal in One U.S State But Legal in Another
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America is a very heterogeneous society in terms of the cultural and geographical sense of the word and its legal landscape. According to U.S. News and World Reports, state regulations contain 416 million words, and more than 6 million are regulatory restrictions. Each state has the authority to enact and enforce its laws, leading to surprising variations across state lines.
These differences are key for travelers, law students who want to practice overseas, and anyone with a taste for quirky legal items. Here are 15 illegal activities or behaviors in one state that are cool in another.
Recreational Marijuana Use
Several states have legalized marijuana use for recreational purposes. Some have passed legislation enabling the retail sale of marijuana. According to The U.S. News and World Report, Colorado and Washington were the first states to legalize recreational use and sale of cannabis on election day in 2012. 23 other states have followed suit.
However, in some states such as Indiana, Iowa, Kansas, etc, cannabis is classified as a Schedule 1 drug under the Controlled Substances Act, making cultivation, possession, and use illegal.
Plastic Bag Bans
With the current environmental efforts to reduce pollution caused by plastic bags, several states in the U.S. have enacted laws banning single-use plastic bags. NPR reports that California was the first state to adopt a plastic bag ban in 2014. Currently, 12 states have some form of legislation against plastic bags.
Environmental Protection Agency (EPA) found that states with plastic bag bans have seen a noticeable decrease in plastic pollution. In contrast, states like Texas have preemptively banned local governments from enacting such restrictions.
Open Carry of Firearms
The debate over gun control in the U.S. has led to varying laws concerning open carry of firearms. Gun rights activists cite the Second Amendment, which guarantees the rights of people to keep and bear firearms.
States like Texas, Nevada, Mississippi, and Michigan have no restrictions on openly carrying a gun without a permit. Conversely, open carry is considered illegal in the neighboring state of New York, and individuals must obtain a license to possess or carry any firearm.
Abortion Laws
Abortion laws in America have been a controversial and heavily debated topic. The landmark Supreme Court case, Roe v Wade, established a woman’s right to an abortion nationwide for 49 years since 1973, as per Planned Parenthood. In June 2022, the Supreme Court overturned the constitutional right to abortion nationwide in the Dobbs vs Jackson Women’s Health Organisation.
States now have varying restrictions on the procedure. Some states like Alabama, Kentucky, and Idaho strictly ban the practice, while in states like California, Oregon, Colorado, New Mexico, and Illinois, abortions are legal.
Gambling
According to data compiled by the American Gaming Association, the gambling industry was reported to be a $60.42 billion industry in 2022. However, it is heavily regulated, and legislations vary from state to state.
The state of Nevada has long been known for its casinos and gambling industry in Las Vegas, making it a popular destination for gamblers. Utah and Hawaii are the only states that outrightly prohibit any form of gambling, including casinos, sports betting, daily fantasy sports, and lottery.
Prostitution
The act of exchanging sexu@l services for money is illegal in the majority of America, with only Nevada being an exception. Prostitution is legal and regulated in several counties within the state, including Las Vegas.
The legalization of prostitution has been a source of controversy, with opponents citing human trafficking and exploitation concerns. At the same time, proponents argue that regulation can lead to better working conditions and safety for s*x workers.
Assisted Suicide
Assisted suicide or euthanasia is a highly debated and controversial topic in America. It refers to an individual’s decision to end their own life with the help of a physician or other medical professional. As of now, only nine states have legalized assisted suicide, while it remains illegal in the rest of the states.
States like Montana, Colorado, Oregon, California, Hawaii, Maine, New Jersey, New Mexico, Vermont, and Washington have enacted Death with Dignity laws, allowing terminally ill patients to request and obtain medication to end their lives.
Lane-Splitting
Lane splitting is the act of riding a motorcycle between lanes of traffic. It’s a common practice for motorcyclists in heavily congested areas as it allows them to navigate traffic more quickly. This practice is only legal in California, illegal in the rest of the states, and only allowed under certain conditions in states such as Arizona, Utah, Montana, and Hawaii.
For example, in Arizona, it’s permissible when traffic is stopped at an intersection; in Utah, it’s allowed when the speed limit is 45 mph or less; and in Montana, motorcyclists are allowed to overtake slow-moving vehicles provided the traffic is traveling at no more than ten mph. Many motorcyclists advocate for lane-splitting laws to be implemented nationwide, citing benefits such as reducing congestion and improving safety for riders.
Death Penalty
Currently, it’s legal in 27 states and illegal in 23 states. However, several states with the death penalty have not carried out executions in recent years due to various factors such as legal challenges and lack of access to lethal injection drugs. Some states, like New York and New Jersey, have abolished the death penalty, while others, like Texas and Oklahoma, continue to carry out executions regularly.
The debate over whether or not the death penalty is an effective form of punishment continues, with proponents arguing that it serves as a deterrent for crime and opponents arguing against its moral implications and potential for wrongful convictions.
Voting Rights for Felons
In most states, individuals convicted of a felony are barred from voting while serving their sentence. Typically, individuals regain their voting rights after they have completed their sentence, along with any associated parole or probation requirements. Notably, nine states—Iowa, Alabama, Arizona, Delaware, Tennessee, Florida, Mississippi, Wyoming, and Kentucky—permanently disenfranchise felons.
In recent years, there has been a growing movement advocating for the restoration of voting rights for felons, with many asserting that this is a fundamental human right essential for successful reintegration into society.
Incest Laws
Incest, the act of engaging in sexu@l relations with a close family member, is considered illegal in 47 states in America. Laws surrounding incest vary from state to state, with some states including additional relatives such as cousins and step-relatives within their laws.
Study.com reports that Rhode Island, New Jersey, and Ohio are the only states where incest is legal, with Ohio only criminalizing sexu@l relations with a parent. In the three states, incest is allowed between consenting adults, but neither state allows close relatives to marry.
Self-Serve Gas
Self-serve gas refers to pumping one’s gas at a gas station. While this is common in most states, one exception is New Jersey. In this state, it’s illegal for customers to pump their gas due to safety concerns and job protection for gas station attendants. This law has been in place since 1949 and remains unchanged despite attempts to repeal it.
Oregon and New Jersey were the only states that prohibited the practice until recently, in 2023, when Oregon lifted this ban. This left New Jersey as the only state where customers could not pump their gas.
Exotic Pets
Owning exotic pets such as tigers, lions, and monkeys may seem like a dream for some, but it’s illegal in many states. Each state has its laws and regulations regarding the ownership of exotic animals, with some requiring special permits and others outright banning them. For example, California prohibits selling or possessing certain types of exotic animals, while Texas requires individuals to obtain a permit if they wish to own one.
These laws are in place to protect both the public and the animals from potential harm. Hawaii is the only state in the U.S. where the sale and possession of exotic pets is illegal; however, pets allowed include gunnie pigs, chinchillas, parakeets, and doves is legal as per Spruce Pets.
Raw Milk Sales
Raw or unpasteurized milk has not been heated to kill potentially harmful bacteria. While selling raw milk in some states is legal, others have banned it due to health concerns.
New Jersey is the only state with a complete prohibition against unprocessed milk sales, citing the risk of foodborne illnesses. Other states, like California and New Hampshire, allow for the sale of raw milk but have strict regulations in place.
Cutting Cactus
Cacti are known for their unique and striking appearance, making them desirable as houseplants or decorative pieces. However, in certain states like Arizona and Texas, cutting or removing cacti from the wild is illegal without a permit.
This is to protect these plants from being over-harvested and destroyed. Some species of cacti are even protected under the Endangered Species Act. While taking home a piece of the desert may be tempting, it’s important to understand and respect the laws to preserve these plants for future generations.
Disclaimer – This list is solely the author’s opinion based on research and publicly available information.
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