In late 2016, the recreational use of marijuana throughout the state of Massachusetts became legal. Although many have hailed this as much needed progress, the ability to consume marijuana has certainly not become a free-for-all and is a heavily regulated industry. The best way to prevent violating the laws that regulate recreational marijuana use is to become familiar with them as well as the most common violations seen in Massachusetts.
Know the Laws
If you are going to engage in recreational marijuana use in Massachusetts, it is in your best interest to know the laws that apply. Following are some of the most important ones to familiarize yourself with.
- Possession: You are allowed to have up to one ounce of marijuana on your person. In your home, you can have up to 10 ounces, although any amount over one ounce must be kept locked up. If you are growing marijuana in your home, you are allowed to have 6 plants per person for personal use, or up to 12 plants for two or more adults.
- Driving High: It is illegal to drive in Massachusetts while under the influence of cannabis.
- Crossing State Lines: You are not allowed to drive across lines while possessing marijuana. Additionally, you cannot mail it, even to states or countries where possession of marijuana is legal. Marijuana is also not allowed on planes.
- Federal Property: Cannabis is not allowed on federal property.
- Open Consumption: It is illegal to use cannabis in any form in public.
- Transportation: While transporting marijuana in your vehicle, it must be kept in a closed container in the trunk or locked in the glove compartment.
Violations & Penalties
| VIOLATION | INCARCERATION | MONETARY FINE |
| Possession (Personal Use): more than one ounce; first offense | 6 months | $500 (up to) |
| Possession (Personal Use): more than one ounce; subsequent offense | 2 years | $2,000 (up to) |
| Possession with Intent to Distribute: Less than 50 lbs; first offense | 0-2 years | $5,000 (up to) |
| Possession with Intent to Distribute: Less than 50 lbs; subsequent offense | 1-2.5 years | $10,000 (up to) |
| Possession with Intent to Distribute within 300 feet of a school or 100 feet of a public park | 2-15 years (2 year minimum) | $10,000 (up to) |
| Selling paraphernalia to someone under the age of 18 years | 3-5 years | $5,000 (up to) |
| Possession of Hash & Concentrates of 5g up to one ounce | N/A | $100 |
Speak With a Skilled Massachusetts Criminal Defense Attorney
If you are facing criminal charges for having violated Massachusetts laws for the use of recreational marijuana, you need to speak with Attorney Ambar Maceo-Rossi. She is skilled in defending individuals charged with drug crimes, and can help bring you peace of mind in knowing you have the professional representation you need. Contact our firm Maceo Law, P.C., by calling 617-208-0505 or via our contact page.