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Massachusetts: Marijuana Laws (as last updated):
Less than one ounce is punishable only by a fine of $100, no criminal charges.
Possession of more than 1 oz (first offense) is a misdemeanor, punishable by 6 months in jail and a $500 fine. The charges will be stricken from the record after completion of probation.
Possession of more than 1 oz (subsequent offenses) is a misdemeanor, punishable by 2 years in jail and a $2,000 fine. There is the possibility for probation; however, the charges remain on your record.
Distributing or cultivating less than 50 lbs (first offense) is a misdemeanor punishable by 2 years in jail and a $5,000 fine.
Distributing or cultivating less than 50 lbs (subsequent offense) is a misdemeanor, punishable by up to 2.5 years in jail and a $10,000 fine.
Distributing or cultivating 50 to 99 lbs is a felony, punishable by a minimum sentence of 1 year but up to 15 years in prison, and a fine of $10,000.
Distributing or cultivating 100 to 1,999 lbs is a felony, punishable by a minimum sentence of 3 years but up to 15 years in prison, and a $25,000 fine.
Distributing or cultivating 2,000 to 9,999 lbs is a felony, punishable by a minimum sentence of 5 years but up to 15 years in prison and a $50,000 fine.
Distributing or cultivating more than 10,000 lbs is a felony, punishable by a minimum sentence of 10 years but up to 15 years in prison and a $50,000 fine.
Distributing or cultivating any amount within 1,000 feet of a school is a felony, punishable by an additional 2 year minimum sentence and a $10,000 fine, in addition to the related penalties (depending on amount).
Causing or inducing someone under 18 years to commit offenses is a felony, punishable by up to 15 years in jail and a $100,000 fine.
Possession of more than 1 oz of concentrates is punishable by 1 year in jail and a $1,000 fine.
Manufacturing or distributing concentrates is punishable by up to 5 years in jail and a $5,000 fine.
Manufacturing or distributing concentrates to a a minor is punishable by up to 15 years in jail and a $25,000 fine.
Using a minor to manufacture or distribute concentrates is punishable by up to 15 years in jail and a $100,000 fine.
Selling, possessing, or purchasing paraphernalia is punishable by up to 2 years in jail and a $5,000 fine.
Selling paraphernalia to a minor is a felony, punishable by 3-
The state allows conditional release or diversion for first time prosecutions. After completing probation, the charges are stricken from the offender’s criminal record.
Massachusetts Medical Marijuana Program:
Becoming a medical marijuana patient is a serious undertaking, and there are many precautions you should take if you choose to become a patient.
How can I become a qualifying patient?
In order to become a qualifying patient protected by the new law, you must have a document called a “written certification” signed by a licensed physician. This certification demonstrates that your doctor has diagnosed your debilitating medical condition and that your doctor feels that the medical use of marijuana would likely outweigh any health risks for your specific condition.
What is a caregiver and what do I do if I need one?
A caregiver is a person who assists you with obtaining medical marijuana if you need it. If you are a qualifying patient, you can designate a caregiver, who must be at least 21 years old. Again, the Department of Public Health will issue regulations outlining how a caregiver obtains a registration card. Before then, in lieu of a registration card, a caregiver should keep a copy of the qualifying patient’s application to the Department of Public Health showing that the caregiver was designated by the patient.
Can I grow marijuana or can my caregiver grow marijuana for me?
If you are a qualifying patient AND you qualify as having a “hardship”, yes. A hardship
means that you are unable to access a treatment center for one of several reasons.
If there is no treatment center within a reasonable distance of your residence, or
none have opened yet, then either you or your caregiver can grow medical marijuana
for you. It must be grown in an enclosed, locked facility, and you can only grow
enough to maintain a 60-
Generally, penalties for possession of marijuana for everyone except qualifying patients will remain the same. The possession of one ounce of marijuana or less for personal use will remain a civil offense with a maximum fine of $100.
Will insurance cover medical marijuana?
No. Nothing in the medical marijuana law requires any health insurance