Yes! Massachusetts is a state that has legalized medical marijuana and also decriminalized it. In 2008 cannabis was decriminalized and in 2012 the state legalized it for medical use.
For possession and personal use, 1oz or less is a civil offense, no incarceration. The fine is a whopping $100. If you go over that 1oz limit (first offense) you are looking at a misdemeanor, up to 6 months in jail and a max fine of$500. Subsequent offenses of more than 1oz are a misdemeanor, up to 2 years in prison and a max fine of $2,000. Remember this is for personal use only. We also wanted to note that simple possession of one ounce or less of pot cannot result in the suspension of driving privileges.
On the distribution side of things, less than 50lbs (first offense) is no penalty 0 – 2 years in jail and a max fine of $5,000. Subsequent offenses are the same with no penalty but jail time changes to 1 – 2.5 years and a max fine of $10,000. Things change once you step over the 50lb mark as the mandatory minimum sentence comes into play.
What is the MMS law in Massachusetts?
When someone is convicted of an offense punishable by the MMS, the judge MUST sentence the defendant to the mandatory minimum sentence or to a higher sentence. On top of this a person serving a mandatory minimum sentence is not eligible for parole. To put this into perspective, even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence. And don’t forget, there is no chance of parole.
50 to 99lbs is a felony with an MMS of 1 year up to 15 years and a $10,000 fine. 100 to 1999lbs is a felony, an mms of 3 years up to 15 and a $25,000 fine. 2000lbs – 9999lbs is a felony, an mms of 5 years up to 15 and a max fine of up to $50,000. Step into the big leagues at over 10,000lbs and it’s a felony, an mms of 10 years up to 15 and a max fine of $200,000. If you are busted with the intent to distribute within 300 feet of a school or within 100 feet of a public park it’s a felony, an mms of 2 years up to 15 and a max fine of $10,000. If you cause or induce a minor i.e. someone under the age of 18 to commit any offenses you are going to jail with a felony, an mms of 5 years up to 15 and a $100,000 fine.
Keep it low!
Hash and concentrates is their own animal. Possession of 1 ounce or less is a civil penalty and a $100 fine. More than 1 ounce is not a penalty i.e. no misdemeanor or felony but you could go to jail for up to 1 year as well as be fined a max of $1,000. If you are caught manufacturing or distributing its 2.5 to 5 years in prison with a $5,000 fine. Commit this same offense to a minor and its 2.5 to 15 years in prison with a max fine of up to $25,000. Using a minor to manufacture or distribute is a no-no and is an automatic ‘mms’ of 5 years in prison. Consider yourself lucky if you only got 5 years because the max penalty is 15 years and carries a max fine of up to $100,000.
Paraphernalia rules are always fun and Massachusetts doesn’t want to be left out of the party. Selling, purchasing or possessing paraphernalia carries max jail time of 1-2 years and a $5,000 fine. Selling to someone less than 18 years of age is a felony, 3-5 years in prison and a $5,000 fine.
Once again, we see that Massachusetts like many other states is a state that is lenient to small amounts. If you step over that line you better have a great lawyer on staff or are prepared to sit your ass in jail.