Vaping public health emergency, Dept. of Public Health, September 24, 2019.
The sale of all vaping products, including THC and any other cannabinoid, is banned in Massachusetts through January 25, 2020.
The sale or display of all vaping products to consumers ... is prohibited in the Commonwealth.
MGL c.94G. The primary marijuana possession law.
Includes who may possess marijuana, and how much.
MGL c.94C § 32L Possession of 2 ounces or less of marijuana
MGL c.94C § 32M Possession of 2 ounces or less of marijuana; drug awareness program for those under 18
Cannabis Control Commission approves final adult use, medical use of marijuana regulations, Sept. 24, 2019.
New regulations to be filed this fall, include:
- permitting cannabis cafes (but this would also require a change in the law)
- home delivery of marijuana
- eliminating the annual fee for medical marijuana patient registration
830 CMR 64N Marijuana retail taxes
935 CMR Medical and recreational marijuana regulations
Selected case law
Comm. v. Cruz, 459 Mass. 459 (2011).
Police can't order a person out of a car just because they smell burned marijuana.
Commonwealth v. Gerhardt, 477 Mass. 775 (2017)
Talks about the use of field sobriety tests, and includes new Model Jury Instruction Regarding Roadside Assessments for Use in Prosecutions for Operating Under the Influence 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, ... where the amount of marijuana possessed is one ounce or less."
Comm. v. Long, 482 Mass. 804 (2019)
"The overwhelming odor of unburnt marijuana wafting from a large, windowless, cinder-block warehouse, ... in a place where marijuana cultivation was not allowed under State law; evidence of an apparent break-in; and two isolated vehicles parked in what police officers viewed as a suspicious manner after ordinary business hours ... was sufficient to support a finding of probable cause to search a warehouse for evidence of illegal marijuana cultivation."
Comm. v. Richardson, 479 Mass. 344 (2018)
Addresses the prosecution of a person for trafficking in marijuana where that person was legally permitted to grow marijuana for medical purposes. Includes new model jury instructions.
Comm. v. Rodriguez, 472 Mass. 767 (2015). The smell of burned marijuana isn't enough for police to stop a vehicle.
A running list of recreational marijuana dispensaries in Massachusetts - and those soon to open, Boston.com
Provides information on dispensaries, including locations, hours, parking, and payment options.
Can my financial aid be affected by marijuana use? and other marijuana-related concerns for college students, MassLive, April 2019.
Even though recreational use is legal in Massachusetts, use by college students can cause "a major legal headache and the potential loss of financial aid if a student does not follow the law."
Guidance on Home Cultivation. To grow marijuana in your home:
- You must be at least 21 years old
- You can only grow up to 6 plants in your home
- If there's more than one person over 21 living in the home who wants to grow at home, the maximum number of plants that may be grown in a home is 12 plants
- The plants must be grown in an area that has a lock or security device
- The plants can't be visible from a public place without the use of binoculars, aircraft or other optical aids
- You can't manufacture at home marijuana or hemp by means of any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees Fahrenheit
"Like alcohol, you cannot have an open container of adult-use marijuana or marijuana products in the passenger area of your car while on the road or at a place where the public has access. An “open container” includes a package with its seal broken or a package from which the contents have been partially removed. The “passenger area” does not include a trunk or a locked glove compartment."
Frequently asked questions about recreational marijuana, Cannabis Control Commission
Includes basic information about the Mass. recreational marijuana law, MGL c.94G.
How much marijuana can I possess if I'm over 21?
- On your person — Up to 1 ounce of marijuana. No more than 5 grams of marijuana may be in the form of marijuana concentrate.
- In your home — Up to 10 ounces of marijuana and any marijuana produced by plants cultivated on the premises
Marijuana in Massachusetts - what’s legal?, Dept. of Health
Handy brief list of limits, but without citations to the law
Marijuana retail taxes, Dept. of Revenue
Learn how to request a Certificate of Good Standing to complete the license registration process with the Cannabis Control Commission. You can also learn how to register with MassTaxConnect, file a tax return and pay taxes on the sale of adult use marijuana. File and pay other business-related taxes through MassTaxConnect, including withholding and sales tax.
Open letter to all Federal firearms licensees, Bureau of Alcohol, Tobacco, Firearms and Explosives, September 21, 2011.
"any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition."
State legalization of recreational marijuana: selected legal issues, Congressional Research Service, 2014
Explores the apparent conflict between federal and state drug laws in light of legalization in Colorado and Washington for small amounts of recreational marijuana
Massachusetts cannabis law manual, MCLE, 2019.
|Last updated:||September 26, 2019|