Massachusetts Medical Marijuana Law Overview and State Fines/Penalties - Archive

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Massachusetts Medical Marijuana Law Overview

SUMMARY: Sixty-three percent of voters approved Question 3 on November 6, 2012. The law took effect on January 1, 2013. It eliminates statewide criminal and civil penalties related to the possession and use of up to a 60-day supply of cannabis by qualified patients who possess a "valid registration card" issued by the state. ("Within 120 days of the effective date of this law, the department shall issue regulations defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying patients.") Patients must possess a recommendation from a physician attesting that cannabis assists with the treatment of a "debilitating medical condition." Physicians may authorize cannabis for the treatment of "cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis and other conditions as determined in writing by a qualifying patient's physician." The law establishes a state-run patient registry and the creation of up to 35 state-licensed, non-profit "medical marijuana treatment centers." Within the first year after the law's implementation, the state must issue regulations for the creation of such centers. Individual patients will also be permitted to privately cultivate limited amounts of cannabis or designate a "personal caregiver" to cultivate for them if they are unable to access a state-authorized dispensary or if they can verify "financial hardship."

The medical use provisions in Massachusetts do not include reciprocity provisions protecting visitors from other medical use states.

Massachusetts Penalties

Possession
Personal Use
  • 1 oz or less - Civil Offense Incarceration N/A Max Fine $100
  • More than 1 oz (First Offense) - Misdemeanor Incarceration 6 Months Max Fine $500
  • More than 1 oz (Subsequent Offense) - Misdemeanor Incarceration 2 Years Max Fine $2,000

With Intent To Distribute
  • Less than 50 lbs (First Offense) - Not Classified Incarceration 0-2 Years Max Fine $5,000
  • Less than 50 lbs (Subsequent Offense) - Not Classified Incarceration 1-2.5 Years Max Fine $10,000
  • 50 - 99 lbs - Felony Incarceration 1* - 15 Years Max Fine $10,000
  • 100 - 1999 lbs - Felony Incarceration 3* - 15 Years Max Fine $25,000
  • 2000 - 9999 lbs - Felony Incarceration 5* - 15 Years Max Fine $50,000
  • More than 10,000 lbs - Felony Incarceration 10* - 15 Years Max Fine $50,000
  • Within 1000 feet of an elementary or secondary school, or within 100 feet of a public park - Felony Incarceration 2* - 15 Years Max Fine $10,000
  • Causing or inducing someone under 18 years to commit offenses - Felony Incarceration 5* - 15 Years Max Fine $100,000
* Mandatory Minimum Sentence

Distribution or Cultivation
  • Less than 50 lbs (First Offense) - Not Classified Incarceration 0 - 2 Years Max Fine $5,000
  • Less than 50 lbs (Subsequent Offense) - Not Classified Incarceration 1 - 2.5 Years Max Fine $10,000
  • 50 - 99 lbs - Felony Incarceration 1* - 15 Years Max Fine $10,000
  • 100 - 1999 lbs - Felony Incarceration 3* - 15 Years Max Fine $25,000
  • 2000 - 9999 lbs - Felony Incarceration 5* - 15 Years Max Fine $50,000
  • More than 10,000 lbs - Felony Incarceration 10* - 15 Years Max Fine $200,000
  • Within 1000 feet of an elementary or secondary school, or within 100 feet of a public park - Felony Incarceration 2* - 15 Years Max Fine $10,000
  • Causing or inducing someone under 18 years to commit offenses - Felony Incarceration 5* - 15 Years Max Fine $100,000
* Mandatory Minimum Sentence

Hash & Concentrates
  • Possession of 1 oz or less - Civil Penalty Incarceration N/A Max Fine $100
  • Possession of more than 1 oz - N/A Incarceration 1 year Max Fine $1,000
  • Manufacture or Distrabution - N/A Incarceration 2.5 - 5 Years Max Fine $5,000
  • Manufacture or distribution to a minor - N/A Incarceration 2.5 - 15 Years Max Fine $25,000
  • Using a minor to manufacture or distribute - N/A Incarceration 5* - 15 Years Max Fine $100,000
* Mandatory Minimum Sentence

Paraphernalia
  • Selling, possessing, or purchasing paraphernalia - Not Classified Incarceration 1 - 2 Years Max Fine $5,000
  • Selling to someone under 18 years of age - Felony Incarceration 3 - 5 Years Max Fine $5,000

Details
Marijuana is a class D controlled substance under the Massachusett's Controlled Substances Act.

Possession for Personal Use
Possession of 1 ounce or less of marijuana is decriminalized and is punishable as a civil offense. If the offender is over the age of 18 they must pay a fine of $100. Offenders under the age of 18 must pay a $100 fine and must attend a drug awareness program. Possession of less than an ounce of marijuana cannot result in denial of public financial assistance or the right to a driver's license.

See:

Mass. Gen. Laws. ch. 94C, § 32L

Possession of more than one ounce of marijuana is punishable by a fine of $500 and/or imprisonment of up to 6 months. However, first offenders of the controlled substances act will be placed on probation and all official records relating to the conviction will be sealed upon successful completion of probation. Subsequent offenses may result in a fine of $2000 and/or imprisonment of up to 2 years. Individuals previously convicted of felonies under the controlled substances act who are arrested with over an ounce of marijuana may be subject to a fine of $2000 and/or up to 2 years of imprisonment.

See:

Mass. Gen. Laws. ch. 94C, § 34

Possession with Intent to Distribute
For first offenders, possessing less than 50 pounds of marijuana with the intent to manufacture, distribute, dispense or cultivate is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment of 1-2.5 years.

See:

Mass. Gen. Laws, ch. 94C, § 32C

Possessing 50-99 pounds of marijuana with intent to distribute is a felony punishable by a fine of $500-$10000 and imprisonment for 2.5-15 years. There is a mandatory minimum sentence of 1 year for this offense.

Possessing 100-1,999 pounds if marijuana with intent to distribute is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 3-15 years. There is a mandatory minimum term of three years imprisonment.

Possessing 2,000-9,999 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000.

Possessing more than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000 and imprisonment of 10-15 years. There is a mandatory minimum term of 10 years of imprisonment for this offense.

See:

Mass. Gen. Laws. ch. 94C, § 32E

If any of the above offenses are committed within 1,000 feet of an elementary or secondary school or within 100 feet of a public park that offense is punishable by a fine of $1,000-$10,000 and imprisonment for 2.5-15 years. This offense has a mandatory minimum term of 2 years of imprisonment.

See:

Mass. Gen. Laws. ch. 94C, § 32J

Causing or inducing someone under 18 to commit any of the above offenses is punishable by a fine of $1,000-$100,000 and imprisonment for 5-15 years. This offense has a mandatory minimum term of 5 years of imprisonment.

See:

Mass. Gen. Laws. ch. 94C, § 32K

Distribution or Cultivation
For first offenders, selling or cultivating less than 50 pounds of marijuana is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment for 1-2.5 years.

See:

Mass. Gen. Laws. ch. 94C, § 32C

Selling or cultivating 50-99 pounds of marijuana is a felony punishable by a fine of $500-$10000 and imprisonment for 2.5-15 years. There is a mandatory minimum term of 1 year for this offense.

Selling or cultivating 100-1,999 pounds of marijuana is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 3-15 years. There is a mandatory minimum term of three years imprisonment.

Selling or cultivating 2,000-9,999 pounds of marijuana with is a felony punishable by a fine of $5,000-$50,000 and is punishable by imprisonment for 5-15 years.

Selling or cultivating more than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $20,000-$200,000 and imprisonment for 10-15 years. There is a mandatory minimum sentence of 10 years for this offense.

See:

Mass. Gen. Laws. ch. 94C, § 32E

If any of these offenses are committed within 1,000 feet of an elementary or secondary school or within 100 feet of a public park that offense is punishable by a fine of $1,000-$10,000 and imprisonment for 2.5-15 years. This offense has a mandatory minimum term of 2 years imprisonment.

See:

Mass. Gen. Laws. ch. 94C, § 32J

Causing or inducing someone under 18 to commit any of the above offenses is punishable by a fine of $1,000-$100,000 and imprisonment for 5-15 years. This offense has a mandatory minimum term of 5 years of imprisonment.

See:

Mass. Gen. Laws. ch. 94C, § 32K

Hash & Concentrates
Massachusetts statute defines Marihuana as including the resin extracted from the Cannabis plant and any derivatives or compounds thereof. The statute also defines Tetrahydrocannabinol separately as any compound that contains Tetrahydrocannabinol that is not itself Marihuana. The Massachusetts Controlled Substances Schedule classifies Marihuana as a Class D drug whereas Tetrahydrocannabinol as a Class C drug. Case law indicates that Hashish and Concentrates are meant to be prosecuted as Tetrahydrocannabinol, using the penalties for Class C drugs.

See:

Mass. Gen. Laws. ch. 94C, §1
Mass. Gen. Laws. ch. 94C, §31

Commonwealth v. Weeks, 431 N.E.2d 586 (Mass. App. Ct. 1982). Web Search
The Massachusetts decriminalization law explicitly reduced penalties for the possession of less than one ounce of either Tetrahydrocannabinols or Marijuana, though it does not modify any other penalties relating to Hashish.

Possession of one ounce or less of hashish is subject to only a civil penalty of no more than $100 and completion of a drug education program if the offender is under 18.

See:

Mass. Gen. Laws ch. 94C §32L, 32M

Possession of any amount of Hashish greater than one ounce is subject to no more than one year's imprisonment and a fine of no greater than $1000. Diversionary probation is available for first time offenders.

See:

Mass. Gen Laws. ch. 94C §34

Manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense Hashish is punishable by up to five years imprisonment in a state prison or two and one half years in a jail or house of correction, as well as a fine of up to $5000.

Engaging in any of the above conduct when one has at least one prior conviction for a similar drug crime is punishable by up to ten years in a state prison or two and one half years in a jail or house of correction, as well as a fine of up to $10000. This crime is subject to a mandatory minimum of two years imprisonment.

See:

Mass. Gen. Laws ch 94C §32B

The manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense Hashish to a minor under eighteen years is punishable by up to fifteen years imprisonment in a state prison or two and one half years in a jail or house of correction, as well as a fine of up to $25000. There is a mandatory minimum sentence of two years imprisonment.

See:

Mass Gen Laws. ch. 94C § 32F

If a police officer finds a child under seventeen years old in a place where Hashish, or what the officer reasonable believes is Hashish, is present, the police officer may lawfully take the child into protective custody for a period not to exceed four hours.

See:

Mass Gen Laws. ch. 94C § 36

Using or inducing a minor to manufacture, dispense, distribute, or possess with intent to manufacture, dispense, or distribute Hashish is punishable by up to fifteen years imprisonment in the state prison and a fine of no more than $100,000. This offense carries a mandatory minimum sentence of five years.

See:

Mass Gen. Laws ch. 94C §32K

Paraphernalia
Selling, possessing, or purchasing devices used in the cultivation or smoking/ingestion of marijuana is punishably by a fine of $500-$5,000 and/or 1-2 years of imprisonment.

See:

Mass. Gen. Laws. ch. 94C, § 32I(a)

Selling marijuana paraphernalia to someone under 18 years of age is a felony and is punishable by a fine of $1,000-$5,000 and/or 3-5 years of imprisonment.

See:

Mass. Gen. Laws. ch. 94C, § 32I(b)

Forfeiture
All marijuana is subject to forfeiture, even in amounts under an ounce which is decriminalized in the state.

See:

Mass. Gen. Laws. ch. 94C, § 47(a)(1)

Vehicles are subject to forfeiture if they are used to distribute marijuana or possess marijuana that a person intends to distribute.

See:

Mass. Gen. Laws. ch. 94C, § 47(a)(3)

All money or proceeds that can be traced to a sale of marijuana are subject to forfeiture.

See:

Mass. Gen. Laws. ch. 94C, § 47(a)(5)

Miscellaneous
Conspiracy
Conspiring with another person to commit any marijuana related offense is punishable by up to the maximum punishment for the crime which was the object of the conspiracy.

See:

Mass. Gen. Laws. ch. 94C, § 40

Driving Under the Influence
Failure to pass a sobriety test can result in a fine and/or imprisonment. Massachusetts does not test for THC in blood,urine, or hair when deciding if an individual has been driving while intoxicated.

Driver's License Suspension
Simple possession of one ounce or less of pot cannot result in the suspension of driving privileges.

See:

Mass. Gen. Laws. ch. 94C, § 32L

Source: NORML

See Massachusetts: Medical Marijuana Law Overview and State Fines/Penalties for more up to date information regarding state laws and penalties.
 
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