In my state (NY) it's decriminalized (as well as alot of other places). Unless it's like your millionth time getting caught or you're caught selling (expecially to a minor) more than 2gs then you may get prison time. It's mostly fines here.

http://norml.org/index.cfm?wtm_view=&Group_ID=4554

Paraphanalia is $1,000 fine so I like to stick to joints.