Massachusetts Marijuana Laws

Marijuana possession, sale, and cultivation laws can be complicated. While Massachusetts has legalized marijuana for medical use and certain recreational use by adults 21 and older, state laws still highly regulate marijuana as a controlled substance.

Understand what's legal and what's not in Massachusetts when it comes to marijuana. (Marijuana use is still illegal under federal law.)

Is Medical Marijuana Legal in Massachusetts?

Yes. Massachusetts law allows qualified patients (18 and older) with a valid registration card to buy medical marijuana (up to a 60-day supply) and cultivate up to six plants in their homes. Conditions that qualify for medical marijuana include cancer, Crohn's disease, glaucoma, ALS, MS, Parkinson's disease, Hepatitis C, and HIV/AIDS. Annual registration is required.

(Mass. Gen. Laws ch. 94I (2024).)

Is Recreational Weed Legal in Massachusetts?

In certain cases, yes. Massachusetts permits certain recreational possession and use and personal cultivation of small amounts of marijuana by adults 21 and older—subject to restrictions. Violating these restrictions can result in the civil penalties discussed below.

Possession and Growing of Recreational Marijuana

Adults age 21 and older may possess, buy, or use up to one ounce of marijuana (not more than 5 grams of which may be in concentrate form) on private property.

• Consuming or smoking marijuana in public carries civil penalties of up to $100. The same civil penalty applies to possessing more than the personal use amount of marijuana. (Criminal penalties come into play when the amount goes over two ounces.)

At home, a person can possess up to 10 ounces of marijuana and six plants, but any amounts over one ounce must be under lock and key. Private cultivation of marijuana plants must be done in an enclosed, locked space that's not visible from public places.

• Having more than the allowed amounts or violating storage and cultivation requirements carry civil penalties of $100 to $300, plus forfeiture of marijuana.

Possession of Marijuana in Vehicles

Similar to alcohol, a person cannot have an open container of marijuana in the vehicle's passenger area. A violation carries up to a $500 civil penalty. (It's also a crime to drive under the influence of marijuana.)

Gifting of Marijuana

An adult age 21 or older may transfer or gift (without compensation) up to one ounce of marijuana or five grams of concentrate to another adult of legal age.

Possession of Marijuana Paraphernalia

Possession of marijuana accessories or paraphernalia is permitted by a person age 21 or older.

Other Regulations on Recreational Use of Marijuana

Cities, towns, employers, and landlords can impose their own rules regarding marijuana use.

(Mass. Gen. Stat. ch. 94G, §§ 1, 7, 8, 13 (2024).)

What Penalties Apply to Underage Possession of Marijuana in Massachusetts?

An underage individual who tries to procure marijuana or paraphernalia can be punished with a civil penalty of up to $100 and must complete a drug awareness program. If the offender is a minor, authorities must notify their parent or guardian.

Criminal penalties apply to persons who furnish marijuana or paraphernalia to a person younger than 21. This crime is punishable by up to one year in jail and a $2,000 fine.

(Mass. Gen. Stat. ch. 94C, § 32L; ch. 94G §§ 1, 13 (2024).)

What Are the Penalties for Illegal Marijuana Possession, Cultivation, and Sale in Massachusetts?

Marijuana remains a class D controlled substance in Massachusetts, and criminal penalties still apply to its illegal possession, cultivation, or sale.

Possession of More Than the Permitted Amounts

An adult age 21 or older who possesses more than two ounces of marijuana will face a criminal penalty of up to six months' jail time and a $500 fine. A repeat offender can face up to two years behind bars and a $2,000 fine.

For first offenses, the judge must order probation instead of jail time or fines. Upon successful completion of probation, the charges against the defendant will be dropped, and the defendant's record will be sealed (it won't be a public record). For second and subsequent offenses, the judge may offer a probation sentence.

(Mass. Gen. Laws ch. 94C, § 34 (2024).)

Marijuana Sale, Cultivation, and Possession With Intent to Distribute

Unless the activities fall under recreational use or the small amount exceptions noted above, it's illegal to knowingly cultivate marijuana plants, sell marijuana, or possess marijuana with intent to sell or distribute it. (Licensed marijuana retailers aren't subject to these penalties.)

Violations involving less than 50 pounds of marijuana are penalized according to whether the violation is a first or a subsequent offense.

• First offense. Penalties for a first offense include a fine of between $500 and $5,000, up to two years in prison, or both.
• Repeat offense. For repeat offenses, the defendant will face a fine of between $1,000 and $10,000, up to two and a half years in prison, or both.

Having 50 pounds or more of marijuana is generally treated as a trafficking crime (more on that below).

(Mass. Gen. Laws ch. 94C, § 32C (2024).)

Trafficking Large Amounts of Marijuana

In Massachusetts, "trafficking" includes knowingly cultivating, selling, or bringing 50 pounds or more of marijuana from out of state. Trafficking is illegal, and penalties vary according to the amount of marijuana involved in the offense. A conviction carries mandatory minimum prison terms and fines. Defendants face one to 15 years in prison. Fines can range anywhere from $500 to $200,000.

(Mass. Gen. Laws ch. 94C, § 32E (2024).)

When to Get Legal Help

When facing criminal charges for marijuana-related violations, it's best to get a criminal defense attorney or ask for a public defender. An attorney might help you keep a violation off your record or, for more serious offenses, negotiate a good plea deal. In any event, a lawyer can guide you through the system and protect your rights.