Best bets
Adult-use marijuana, Mass. Cannabis Control Commission.
Provides key information in plain language, including: who can buy, who can use, how much you can carry on you, how much you can grow, where you can legally consume, a dispensary list, how to store marijuana, and violations and penalties.
Massachusetts Cannabis Information
Informational resources on all things marijuana and CBD in Massachusetts.
More about marijuana, Mass. Cannabis Control Commission.
Resources with educational information regarding: marijuana 101; health effects and safety; marijuana and pregnancy; how to talk to children and teens about marijuana; and growing marijuana and making products at home.
Massachusetts laws
MGL c. 94G Regulation of the use and distribution of marijuana not medically prescribed
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
MGL c. 276, § 100K 1/4 Expungement of record resulting from marijuana cultivation, possession, and/or distribution
Other related laws
- MGL c. 10, § 76 and § 77 Cannabis Control Board and Advisory Board
- MGL c. 18, § 5I Retailers are prohibited from accepting EBT cards as payment for recreational marijuana purchases
- MGL c. 64N Marijuana tax
- MGL c. 94C Controlled substances act
Includes penalties for other drugs, trafficking or possession of larger quantities of marijuana.
Massachusetts regulations
400 CMR 8 Cannabis Social Equity Trust Fund
830 CMR 64N Marijuana retail taxes
935 CMR Recreational marijuana regulations
935 CMR 500 Adult use of marijuana
- 935 CMR 500.100 Dispensary within 500 feet of a school
- 935 CMR 500.140 Age requirements and ID verification for retail sales establishments
- 935 CMR 500.150(4) Limits on dosing potency for edibles
Sealing or expunging marijuana offenses
Marijuana pardons, Mass. Governor.
Read frequently asked questions about the pardons or apply for a marijuana pardon certificate, which may help further remove civil or legal restrictions due to a conviction.
Petition for expungement of marijuana offenses form, Massachusetts Court System.
This form can be used to petition the court for expungement of marijuana offenses that were based on now decriminalized amounts of marijuana.
Petition to seal conviction records form, Massachusetts Probation Service.
This form can be used to petition the court to seal records.
Certificate of pardon (federal offenses only)
How to apply for a Certificate of Pardon, Office of the Pardon Attorney.
For simple marijuana possession offenses under federal and D.C. law committed on or before December 22, 2023. Also answers frequently asked questions.
Federal laws
18 USC § 922(g)(3) Prohibits any person who uses marijuana from shipping, transporting, receiving or possessing firearms or ammunition
21 USC §§ 801-971 Drug abuse prevention and control
- 21 USC § 844 Penalties for simple possession
Selected cases
Commcan Inc v. Town of Mansfield, 488 Mass. 291 (2021) and West Street Associates, LLC v. Mansfield Planning Board, 488 Mass. 319 (2021)
Both of these cases address local town zoning laws that attempted to exclude marijuana businesses from operating. See also: Pot shop scores key zoning victories in Massachusetts high court.
Comm. 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. K.W., 490 Mass. 619 (2022)
People previously arrested for cannabis crimes that have since been legalized are entitled to "a strong presumption in favor of expungement." This ruling eases the way to expunging old charges.
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)
Discusses what may lead to sufficient probable cause in searches connected to illegal marijuana cultivation.
Comm. v. Rodriguez, 472 Mass. 767 (2015)
The smell of burned marijuana isn't enough for police to stop a vehicle.
Valley Green Grow, Inc. v. Charlton, 99 Mass. App. Ct. 670 (2021)
Discusses agriculture and horticulture zoning considerations in marijuana establishments.
Web sources
ABCC advisory regarding cannabis in alcoholic beverages, Alcoholic Beverages Control Commission.
It is unlawful to "manufacture and/or sell alcoholic beverages containing any cannabinoid extracts, including tetrahydrocannabinol ('THC') and cannabidiol ('CBD'), regardless of whether it is derived from the cannabis plant or industrial hemp."
Cannabis and the workplace: A changing legal landscape [Webinar presentation], Public Health Law Center, 2022.
A 30 minute presentation that "examines real and potential challenges resulting from state and federal employee use of marijuana."
Cannabis Control Commission guidance documents
Includes information on marijuana use, sale, transportation, home cultivation, and zoning in Massachusetts.
- 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
- Guidance for consumption of marijuana for adult use
“"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. ... The 'passenger area' does not include a trunk or a locked glove compartment."”
Marijuana in multi-unit residential settings, Public Health Law Center, 2019.
"Answers to common questions about smoking or vaping marijuana in multi-unit residences, including federally subsidized housing."
- See also Massachusetts law about smoking for more resources on secondhand smoke in the home
Massachusetts recreational marijuana law: Best practices for landlords, The Massachusetts Real Estate Blog.
Provides guidance on smoking and cultivating in residential tenancies.
Municipal zoning tracker, Cannabis Control Commission.
"[I]dentifies the zoning and bylaws of adult-use marijuana for all 351 cities and towns in Massachusetts."
State laws on off-duty marijuana use: Massachusetts, Nolo.com
"Recreational marijuana: Employers are not required to accommodate recreational marijuana use in the workplace. Employers may enforce workplace policies restricting marijuana consumption by employees." See also: Workplace drug testing.
Print sources
General
8th annual cannabis law conference 2024, MCLE, 2024.
Cannabis law: A primer on federal and state law regarding marijuana, hemp, and CBD, ABA, 2021. (eBook available with library card)
The impact of recent marijuana laws on public law by the Massachusetts Bar Association, Public Law Section, MBA, 2018.
Marijuana and the law (Massachusetts practice series, v. 59) by Joseph D. Bernard, West, 2022.
Marijuana law in a nutshell by Mark K. Osbeck, West, 2022.
Marijuana law: A legal research guide by Carol A. Fichtelman, Hein, 2021.
Massachusetts cannabis law manual, 2nd ed., MCLE, 2023.
Business
Joint tenancies: Property leasing in cannabis commerce by Michael N. Widener, ABA, 2018.
Labor & employment law issues unique to the cannabis industry by Matthew D Freeman, MCLE, 2022.
The law & business of marijuana dispensaries, MCLE, 2018.
Massachusetts marijuana business law 2021, NBI, 2021:
- Section I: The legalization landscape- regulatory compliance and licensing by Katherine J. Bierwas
- Section II: Business & tax planning by Charlotte Cathro
- Section III: Business financing & product packaging by Adam D. Fine
Workplace
The new marijuana law: Impacts on the workplace by the Massachusetts Bar Association, Labor & Employment Law Section, MBA, 2017.
Contact
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| Last updated: | May 13, 2025 |
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