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Massachusetts Laws

Selected Case Law

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Massachusetts Laws

St.2017, c.55 (H3818). An Act to ensure safe access to marijuana
This law outlines the ability of cities and towns to exercise local control to ban or limit the development of marijuana establishments; sets the special excise tax on adult use marijuana sales to 10.75%; and includes a local option for cities and towns to add a 3% tax on top of the combined 17% between sales and the marijuana specific excise tax.

MGL c.10, §§76-77 Cannabis Control Board and Advisory Board

MGL c.64N Marijuana tax

MGL c.94C Controlled substances act. 
Includes penalties for other drugs, trafficking or possession of larger quantities of marijuana.

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.

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: July 31, 2017

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