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Massachusetts Marijuana Laws
The state of Massachusetts has decriminalized the use of the drug marijuana to a certain extent. First time offenders with 28 grams of the drug or less in their possession at time of arrest will face no jail time, only a fine. The offense is treated as a minor traffic violation. Between the years of 1995 and 2002 an average of 10,000 arrests took place for the use, possession, sale or cultivation of the drug marijuana in the state of Massachusetts. If you face marijuana charges, a marijuana lawyer should be consulted to develop a defense for the case. If you cannot afford a marijuana attorney then a court-appointed counsel should be provided for the case.
Medical Marijuana Users
In the state of Massachusetts, medical marijuana is not allowed, and therefore, possession of any amount will be treated as the applicable charges for criminal possession.
Non-Medical Users
Currently in the state of Massachusetts, all marijuana users are considered non-medical or recreational users. This means that, since there is no medical marijuana laws in effect, that no one should be using the drug in the state of Massachusetts. Lawmakers have tried to change the laws, resorting in what was known as “Question 2”. Question 2 reduced the first offense for a tiny amount of the drug to practically a traffic violation.
Penalties for Marijuana Use or Possession in Massachusetts
|
One ounce or less (offenders under 18 must attend a required drug awareness program or pay a $1,000 fine) |
Civil Offense |
No incarceration but a $100 fine |
|
More than one once for first offense (probation with records sealed upon completion of probation) |
Misdemeanor |
Penalties include six months in prison and/or a $500 fine |
|
More than one ounce for subsequent offense (probation possible) |
Misdemeanor |
Penalties include six months in prison and/or a $500 fine |
Selling or Growing
|
Less than 50lbs for first offense |
Misdemeanor |
Penalties include two years in prison and a $5,000 fine |
|
50 to 100lbs |
Felony |
One year mandatory minimum sentence up to 2.5 to 15 years and a fine of $500-$10,000 |
|
100 to 1,000lbs |
Felony |
Three years mandatory minimum sentence up to 15 years and a fine of $2,500 to $25,000 |
|
2,000 to 10,000lbs |
Felony |
Five years mandatory minimum sentence up to 15 years and a fine of $5,000-$50,000 |
|
More than 10,000lbs |
Felony |
10 years mandatory minimum sentence up to 15 years and a fine of $20,000-$200,000 |
|
Within 1,000 feet of a school |
Felony |
Additional 2 years mandatory minimum sentence up to 15 years and a fine of $1,000 t0 $10,000 |
Possession and Sale of Marijuana Paraphernalia
|
Paraphernalia manufacture, sale, or possession |
Felony |
Penalties include one to two years in prison and/or a $500-$5,000 fine |
|
Paraphernalia sale to a minor |
Felony |
Penalties include three to five years in prison and/or a $1,000 to $5,000 fine |
Penalties for Driving Under the Influence of Marijuana
The state of Massachusetts does not employ different laws for driving under the influence of marijuana. Any offender charged with driving under the influence of marijuana will face the same penalties as an offender of the driving while intoxicated laws of the state.
Legal Help with a Marijuana Offense
If you are seeking legal help with a marijuana offense, a marijuana lawyer in the state of Massachusetts can help you resolve outstanding charges in the jurisdiction of your arrest. Most cases are dealt with in terms of rehabilitation sentences instead of punitive punishments. An experienced marijuana attorney will be able to help an offender offer a plea deal for the best sentence possible.