Updated on May 3, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
In response to the COVID-19 pandemic, on March 23, 2020, Massachusetts Gordered adult-use cannabis businesses to shut down, as adult-use cannabis businesses are not considered essential services in this state.
The first sales began on November 20, 2018, when two licensed retail stores began selling cannabis to adults. At the end of 2019, more than 30 stores were open. Additionally, the Cannabis Control Commission published draft regulations for home delivery and social consumption and is working to finalize those policies.
On November 8, 2016, Bay State voters approved Question 4, the historic MPP-supported ballot initiative that ended marijuana prohibition for adults 21 and older. As a result, cannabis became legal for adults to grow and possess in Massachusetts on December 15, 2016.
Health Care Professionals and Massachusetts Cannabis Laws
Protection from State prosecution and penalties for healthcare professionals. Physicians, and other health care professionals under a physician’s supervision, shall not be penalized under Massachusetts cannabis laws, in any manner, or denied any right or privilege for:
The Massachusetts Medical Society has put together resources for physicians, such as a 16-step course for medical professionals to learn more about the effects of medical marijuana on the body.
Any person meeting the requirements under this law shall not be penalized under Massachusetts law in any manner, or denied any right or privilege, for such actions. A qualifying patient or a personal caregiver shall not be subject to arrest or prosecution, or civil penalty, for the medical use of marijuana provided he or she:
Protection From State prosecution and penalties for dispensary agents. Dispensary agents shall not be subject to arrest, prosecution, or civil penalty, under Massachusetts law, for actions taken under the authority of a medical marijuana treatment center, provided he or she:
The Regulation and Taxation of Marijuana Act regulates the possession, production, and distribution of marijuana in the same way the state handles alcohol, for persons 21 years of age and older. Although marijuana may not be used in public, under the law:
Offense |
Penalty |
Incarceration |
Max. Fine |
|
Possession |
||||
Personal Use | ||||
1 oz. or less | Civil Offense |
N/A |
$100 |
|
More than 1 oz. (First Offense) | Misdemeanor |
6 months |
$500 |
|
More than 1 oz. (Subsequent Offense) | Misdemeanor |
2 years |
$2,000 |
|
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 |
$10,00 |
|
50 lbs to 99 lbs. |
Felony |
*1-15 years |
$10,000 |
|
100 lbs. to 1,999 lbs. |
Felony |
*3-15 years |
$25,000 |
|
2000 lbs. to 9,999 lbs. |
Felony |
*5-15 years |
$50,000 |
|
More than 10,000 lbs. |
Felony |
*10-15 years |
$50,000 |
|
Within 1000 feet of an elementary or secondary 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. | ||||
Distribution or Cultivation |
||||
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 lbs to 99 lbs. |
Felony |
*1-15 years |
$10,000 |
|
100 lbs. to 1,999 lbs. |
Felony |
*3-15 years |
$25,000 |
|
2000 lbs. to 9,999 lbs. |
Felony |
*5-15 years |
$50,000 |
|
More than 10,000 lbs. |
Felony |
*10-15 years |
$200,000 |
|
Within 1000 feet of an elementary or secondary 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 1 oz. or less |
Civil Penalty |
N/A |
$100 |
|
Possession of more than 1 oz. |
N/A |
1 years |
$1,000 |
|
Manufacture or distribution |
N/A |
2.5-5 years |
$5,000 |
|
Manufacture or distribution to a minor |
N/A |
2.5-15 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. |
Not Classified |
1-2 years |
$5,000 |
|
Selling to someone less than 18 years of age. |
Felony |
3-5 years |
$5,000 |
Finally, a helpful & informative website! MarijuanaDoctors.com answered all of my medical marijuana questions and helped me schedule an appointment with an accredited doctor in my area.~Susan - Denver, CO