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Massachusetts Marijuana Penalties

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Massachusetts Legalization

SUMMARY: Fifty-four percent of Massachusetts voters approved Question 4 which permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce and/or up to 5 grams of concentrate; in addition, adults may legally possess up to ten ounces of marijuana flower in their home) while also licensing commercial cannabis production and retail sales. Regulations with regard to the commercial marijuana market are anticipated to go into effect on July 1, 2018.

INFORMATION: https://www.regulatemassachusetts.org/full-initiative-text/.

Massachusetts Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

Personal Use

Up to 1 oz No Penalty None $ 0
More than 1 oz (first offense) Misdemeanor 6 months $ 500
More than 1 oz (subsequent offense) Misdemeanor 2 years $ 2,000

With intent to distribute

Less than 50 lbs (first offense) Not Classified 0 – 2 years $ 5,000
Less than 50 lbs (subsequent offense) Not Classified 1 – 2.5 years $ 10,000
50 – less than 100 lbs Felony 1* – 15 years $ 10,000
100 – less than 2000 lbs Felony 2* – 15 years $ 25,000
2000 – less than 10,000 lbs Felony 3.5* – 15 years $ 50,000
10,000 lbs or more Felony 8* – 15 years $ 200,000
Within 300 feet of a school, or within 100 feet of a public park Felony 2* – 15 years $ 10,000
Causing or inducing someone under 18 years to commit offenses Felony 5* – 15 years $ 100,000
* Mandatory minimum sentence

Cultivation

Up to 6 plants No Penalty None $ 0

Distribution

Less than 50 lbs (first offense) Not Classified 0 – 2 years $ 5,000
Less than 50 lbs (subsequent offense) Not Classified 1 – 2.5 years $ 10,000
50 – less than 100 lbs Felony 1* – 15 years $ 10,000
100 – less than 2000 lbs Felony 2* – 15 years $ 25,000
2000 – less than 10,000 lbs Felony 3.5* – 15 years $ 50,000
10,000 lbs or more Felony 8* – 15 years $ 200,000
Within 300 feet of a school, or within 100 feet of a public park Felony 2* – 15 years $ 10,000
Causing or inducing someone under 18 years to commit offenses Felony 5* – 15 years $ 100,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of up to 5 g No Penalty None $ 0
Possession of 5 g to 1 oz Civil Offense N/A $ 100
Possession of more than 1 oz N/A 1 year $ 1,000
Manufacture or distribution N/A 2.5 – 5 years $ 5,000
Manufacture or distribution to a minor N/A 2 – 15 years $ 25,000
Using a minor to manufacture or distribute N/A 5* – 15 years $ 100,000
* Mandatory minimum sentence

Paraphernalia

Selling, possessing, or purchasing paraphernalia No Penalty None $ 0
Selling to someone under 18 years of age Felony 3 – 5 years $ 5,000

Forfeiture

Marijuana, vehicles, and money are subject to forfeiture.

Miscellaneous

Conspiracy to commit any marijuana related offense is punishable by up to the maximum punishment.
Possession of 1 oz or less cannot result in the suspension of driving privileges.

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