Everything you need to know about legalized Marijuana in Massachusetts

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The recreational marijuana use ballot question passed in Massachusetts on November 8th, 2016. What does that mean for a residents of Massachusetts? Here is everything you need to know about recreational marijuana use in Massachusetts:

Possession and use of Marijuana in Massachusetts

  • The law doesn’t take affect immediately. The new marijuana law provisions regarding smoking/possessing provisions go into effect on December 15, 2016.
  • Governor Charlie Baker and Massachusetts legislators can make changes to the law before December 15, 2016. 
  • People 21 years and older can possess up to 10 ounces inside their residence. 
  • People 21 years and older can possess up to 1 ounce of marijuana outside their residence.
  • People can grow up to six marijuana plants in their residence.
  • People can give one ounce or less of marijuana to a person at least 21 years old without payment.
  • People can possess, produce or transfer hemp legally.

Sale of Marijuana in Massachusetts

  • Retail marijuana shops can open in 2018
  • Medical marijuana facilities get first crack at retail marijuana sales before Jan 1, 2018.
  • There will be three taxes on retail sales:
    • 6.25% Massachusetts state sales tax
    • 3.75% excise tax
    • Cities/towns can add a 2% tax
  • People can give one ounce or less of marijuana to a person at least 21 years old without payment.

Regulation of Marijuana in Massachusetts

  • The law creates a Cannabis Control Commission of three members appointed by the state Treasurer which would generally administer the law governing marijuana use and distribution, promulgate regulations, and be responsible for the licensing of marijuana commercial establishments.
  • The law creates a Cannabis Advisory Board of fifteen members appointed by the Governor that will adopt regulations governing licensing qualifications; security; record keeping; health and safety standards; packaging and labeling; testing; advertising and displays; required inspections; and such other matters as the Commission considers appropriate. 
  • Revenue received from the additional state excise tax or from license application fees and civil penalties for violations of this law would be deposited in a Marijuana Regulation Fund and would be used subject to appropriation for administration of the proposed law.
  • Marijuana-related activities authorized under this proposed law could not be a basis for adverse orders in child welfare cases absent clear and convincing evidence that such activities had created an unreasonable danger to the safety of a minor child.
  • Supplying marijuana to persons under age 21 is unlawful.
  • The law does not affect existing law regarding medical marijuana treatment centers.

Regulating Marijuana locally

  • The law authorizes cities and towns to adopt reasonable restrictions on the time, place, and manner of operating marijuana businesses and to limit the number of marijuana establishments in their communities.
  • A city or town could hold a local vote to determine whether to permit the selling of marijuana and marijuana products for consumption on the premises at commercial establishments.
  • The law permits property owners to prohibit the use, sale, or production of marijuana on their premises (with an exception that landlords cannot prohibit consumption by tenants of marijuana by means other than by smoking)
  • The law allows employers to prohibit the consumption of marijuana by employees in the workplace.
  • State and local governments could continue to restrict uses in public buildings or at or near schools.

Operating a vehicle under the influence of Marijuana in Massachusetts 

  • The law does not affect the operation of motor vehicles while under the influence.
  • Any amount of marijuana in the driver’s blood or urine while driving will establish that the driver was under the influence. 
  • First time offenders face a fine of between $500 and $1,000, up to 30 months of house arrest, and license suspension for up to one year. 
  • Massachusetts does not extend its implied consent rule for drug testing, but the refusal to take the test can be admitted into evidence against the driver.
  • Police do not use breathalyzers – if they suspect marijuana use while driving they can request the driver perform a blood test at a local hospital. 
  • Driving while under the influence of marijuana is covered in Massachusetts General Laws Chapter 90 Section 24 and should be your go-to reference. 

About Michael Silvia

Served 20 years in the United States Air Force. Owner of New Bedford Guide.

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One comment

  1. I read that you can have up to 12 plants. If a 2nd person in the same household also wants to grow 6 plants, they can do so. But that is the limit.

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