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Massachusetts Laws

Selected Case Law

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Massachusetts Laws

St. 2016, c.34 , as amended by St.2016, c.351 . Codified as MGL c.94G. The Regulation and Taxation of Marijuana Act
Effective December 15, 2016, adults may possess and use marijuana.After required licensing procedures, retail marijuana stores will be permitted to open beginning in July, 2018.
MGL c.94C Controlled substances act. Includes penalties for other drugs, trafficking or possession of larger quantities 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


Last update: May 19, 2017

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