Massachusetts Marijuana Laws: A Comprehensive Guide
Marijuana laws in Massachusetts have undergone significant changes over the years. The state legalized medical marijuana in 2012 and, in 2016, marijuana for recreational use became legal. The changes have left some individuals and businesses confused about the regulations governing the sale and use of marijuana. In this article, we take a closer look at the Massachusetts marijuana laws and what they mean for residents and visitors.
Recreational Marijuana Laws in Massachusetts
Marijuana became legal for recreational use in Massachusetts in 2016. Anyone who is 21 or older can possess and use marijuana, but there are certain restrictions in place. Individuals are allowed to possess up to one ounce of marijuana outside of their residence, but they cannot use it in public places. This means that smoking or consuming marijuana is illegal in public streets, parks, and most other outdoor spaces.
Individuals who wish to grow their own marijuana plants are allowed to do so, but they cannot grow more than six plants at a time. The plants must be kept out of public view and must not be visible from the street or any other public space.
Retail marijuana shops were allowed to open on July 1st, 2018, and since then, dozens of shops have opened throughout the state. Marijuana can only be sold at licensed retail shops, and customers must provide proof of age before they can make a purchase. Retail shops are not allowed to sell more than one ounce of marijuana or its equivalent in other products to an individual in a single transaction.
Marijuana sales are also subject to a 20% tax, which includes a 6.25% sales tax and a 10.75% excise tax. Cities and towns are also allowed to impose an additional 3% local tax on marijuana sales.
Medical Marijuana Laws in Massachusetts
Massachusetts legalized medical marijuana in 2012. Only patients who have been diagnosed with certain medical conditions are eligible to use medical marijuana. To be eligible, patients must get a recommendation from a doctor who is registered with the Massachusetts Medical Use of Marijuana Program.
Medical marijuana can only be obtained from licensed dispensaries. Patients are not allowed to grow their own marijuana, but they may designate a caregiver to grow marijuana on their behalf. Caregivers must be at least 21 years old and must not have been convicted of a felony drug offense.
The qualifying medical conditions for medical marijuana in Massachusetts include cancer, glaucoma, HIV/AIDS, hepatitis C, Crohn’s disease, Parkinson’s disease, multiple sclerosis, and other conditions. Eligible patients must also have a condition that causes severe pain, nausea, seizures, or wasting syndrome.
The amount of medical marijuana that patients are allowed to possess and use depends on their certification. Patients can possess up to a 60-day supply of marijuana for their certified medical condition, but not more than 10 ounces.
Penalties for Violating Marijuana Laws in Massachusetts
There are severe legal consequences for violating marijuana laws in Massachusetts. Possession of more than one ounce of marijuana outside of one’s residence is a civil offense that is punishable by a fine of up to $100. However, possession of more than one ounce of marijuana with intent to distribute is a criminal offense that can result in imprisonment for up to two years and a fine of up to $5,000.
Consuming marijuana in public places is also a criminal offense that can result in imprisonment for up to six months and a fine of up to $500. Selling marijuana without a license is a criminal offense that can result in imprisonment for up to two years and a fine of up to $5,000.
Driving under the influence of marijuana is also a crime in Massachusetts. Anyone who is found to have a blood concentration of five nanograms or more of THC per milliliter of blood is considered to be impaired and can be charged with driving under the influence.
Final Thoughts
Marijuana laws in Massachusetts are complex and can be difficult to navigate, especially for individuals who are new to the state or who are unfamiliar with the laws. It is critically important for individuals to understand the laws and regulations governing marijuana use in Massachusetts in order to avoid legal trouble.
In conclusion, Massachusetts marijuana laws allow for the legal possession and use of marijuana for recreational and medical purposes. However, there are still significant restrictions in place, and violations can result in criminal charges and severe legal consequences. By understanding the laws and regulations governing marijuana use in Massachusetts, individuals can safely and legally enjoy this plant.
Frequently Asked Questions about Massachusetts Marijuna Laws
1. When was recreational marijuana legalized in Massachusetts?
Answer: Recreational marijuana was legalized in Massachusetts in November 2016.
2. What is the age limit for buying, using or possessing marijuana for recreational use?
Answer: The minimum age for buying, using or possessing marijuana for recreational use in Massachusetts is 21.
3. Can individuals grow marijuana plants at home for personal use?
Answer: Yes, individuals who are 21 or older are allowed to grow up to six marijuana plants per person, with a limit of 12 per household, for personal use in Massachusetts.
4. What are the restrictions on where marijuana can be consumed?
Answer: It is illegal to smoke or consume marijuana in public places, including parks, schools, and businesses open to the public. Landlords and private property owners also have the right to ban marijuana use on their premises.
5. Are there any penalties for violating Massachusetts marijuana laws?
Answer: Yes, penalties can include fines and imprisonment depending on the nature and severity of the violation. For example, selling marijuana without a license can result in a fine of up to $5,000 and up to two years in jail.
Common Misconceptions about Massachusetts Marijuna Laws
1. Marijuana is legal to consume and possess in all circumstances. This is not true. While recreational marijuana is legal in Massachusetts, there are still restrictions on where it can be consumed and how much can be possessed at one time. It is still illegal to possess marijuana on federal land or property, and employers can still prohibit its use by employees.
2. Marijuana is legal to sell and purchase from any source. This is also not true. While the state has licensed dispensaries that sell recreational marijuana, it is still illegal to purchase from an unlicensed source. Additionally, marijuana cannot be sold or transported out of state.
3. It is legal to drive under the influence of marijuana. This is a dangerous misconception that has been proven false. Driving under the influence of marijuana is illegal and can result in serious consequences, including fines, license suspension, and even imprisonment.
4. Marijuana use is permitted in public. Some people assume that since marijuana is now legal, it can be used in public spaces. However, in Massachusetts it is illegal to use marijuana in public, on school grounds or in any location that is within 500 feet of a school. Violation of this law can result in a fine up to $100.
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