St. 2016, c.34
, as amended by St.2016, c.351
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.
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.
- Board of Bar Overseers/Office of Bar Counsel Policy on Legal Marijuana
The Massachusetts Board of Bar Overseers and Office of the Bar Counsel will not prosecute a member of the Massachusetts bar solely for advising a client regarding the validity, scope, and meaning of Massachusetts statutes and laws regarding medical or other legal forms of marijuana or for assisting a client in conduct that the lawyer reasonably believes is permitted by Massachusetts statutes, regulations, orders, and other state or local provisions implementing them, as long as the lawyer also advises the client regarding related federal law and policy.
- Sample Bylaw: Public Consumption of Marihuana or Tetrahydrocannabinol , Executive Office of Public Safety and Security
Provides a model bylaw that towns may choose to adopt
- State Legalization of Recreational Marijuana: Selected Legal Issues
, Congressional Legal Service, 2013
Explores the apparent conflict between federal and state drug laws in light of legalization in Colorado and Washington for small amounts of recreational marijuana
Last update: January 26, 2017