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Massachusetts Laws

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Massachusetts Laws

2016 Ballot Question 4: Regulation and Taxation of Marijuana Act pdf format of 15-27
, passed November 8, 2016. 
Effective December 15, 2016, adults may possess and use marijuana.After required licensing procedures, retail marijuana stores would be permitted to open beginning in January, 2018.
MGL c.94C, s.32L Possession of one ounce or less of marijuana. 
MGL c.40, s.21D The procedure to be followed in issuing a citation for possession of an ounce or less of marijuana.
MGL c.94C Controlled substances act. Includes penalties for other drugs, trafficking or possession of more than one ounce of marijuana.

Selected Case Law

Comm. v. Cruz , 459 Mass. 459 (2011). "[T]here was no basis on which the police could order the defendant out of the vehicle without at least some other additional fact beyond the mere odor of burnt marijuana... in light of the enactment of G. L. c. 94C, §§ 32L-32N ,..., which decriminalized possession of less than one ounce of marijuana."

Comm. v. Keefner , 461 Mass. 507 (2012). The law which "decriminalized possession of one ounce or less of marijuana, did not repeal the offense of possession with intent to distribute marijuana, in violation of G. L. c.94C, § 32C (a), where the amount of marijuana possessed is one ounce or less."

Comm. v. Rodriguez , 472 Mass. 767 (2015). The mere odor of burnt marijuana is insufficient cause to stop a motor vehicle. 

Web Sources

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Deciphering the New Law on Marijuana Possession , MCLE, 2009


Last update: November 14, 2016

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