However according to former DEA agent, Patricia D’Orsa-Dijamco, it seems that despite it being legalized in many places in the US, posting about it on Instagram is still considered illegal, and it is an activity that could land you in jail for up to 18 months, or you could also be slapped with a hefty fine of as much as $150,000.
Speaking to Digital Trends, D’Orsa-Dijamco says that this is because marijuana’s legalization is still not recognized by the federal government, meaning that federally speaking, it is still considered illegal, even if the state government has legalized it (the Supremacy Clause basically states that in instances of conflict, federal will trump state laws).
According to D’Orsa-Dijamco, “People who post pictures of themselves [smoking pot] could potentially face criminal charges.” So far we haven’t really heard of DEA or FBi agents kicking down the doors of Instagrammers who post photos of themselves smoking weed, but just in case you are the type that posts such photos, this is something to take into consideration the next time you hit the upload button.