Is Weed Legal in Massachusetts?

Aug, 2021
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Whether you’re a resident of Massachusetts, passing through, or are planning on moving there, if you’re anything like us, you’re thinking about the cannabis situation. Specifically, is weed legal in Massachusetts? 

Even if you know the status of cannabis in the Bay State, there’s a lot more you need to understand than just legal or not. (Especially if you’re planning on getting your medical marijuana card.) That’s why, today, we’re taking a close look into the world of cannabis in Massachusetts — and what the laws have to say. 

Understanding Marijuana in Massachusetts

By the last quarter of 2020, Massachusetts had over 80 licensed stores selling medical and recreational marijuana across the state. Before then, a lot had been at play towards the realization of such a feat.

In 2008, the Marijuana Project Policy (MPP) successfully pushed for the decriminalization of marijuana and subsequently followed up with the legalization of medical cannabis in 2012 – making it the eighteenth state to do so. By 2015, MPP had, alongside other local allies in the Bay State, started a Campaign to Regulate Marijuana Like Alcohol (CRMLA) in the state. This campaign led to a ballot initiative that became popularly known as Question 4. This eventually led to the legalization of adult-use recreational marijuana in 2016. 

The passage of Question 4 made it legal to purchase, possess, consume, and grow given amounts of weed in Massachusetts. In early 2018, the state established the final submissions for weed regulation, and they accepted applications for dispensary and cultivation facility licenses. 

By November 2018, Massachusetts opened the first dispensaries to the public, and in November 2020, the state’s weed industry had made over $1 billion in sales.

Back to the question, “Is weed legal in Massachusetts?” From the brief history detailed above, it is evident that weed is legal in the Old Colony State. But, to whom is weed legal in Massachusetts? The legalization of weed in Massachusetts is to the extent that it covers only medical usage and licensed adult use. 

On the one hand, although recreational cannabis is accessible in local dispensaries, only adults who are 21 and older are authorized to buy, possess, and consume cannabis. On the other hand, Massachusetts medical marijuana is only available to patients who have been prescribed medical marijuana by an authorized medical practitioner. Plus, you must showcase your official medical marijuana cards at the point of purchase.

If you fall into any of the categories noted above, then you must be aware of Massachusetts’ marijuana possession laws. Knowledge of the state’s possession laws will help you be on the right side of the law and regulatory agencies at all times. This way, you can consume your cannabis with confidence. 

is weed legal in massachusetts? massachusetts flag over weed leaves

Massachusetts Marijuana Consumption & Possession Laws

Current Massachusetts cannabis laws make it clear that public marijuana consumption is prohibited. Accordingly, if an area or establishment prohibits smoking in their vicinity, that ban automatically extends to the smoking of marijuana. For example, if your landlord or favorite pub suddenly restricts smoking, it will be illegal for you to smoke in that area. It’s as simple as that.

The Massachusetts Sensible Marijuana Policy Initiative laid the basis for the penalties and mandatory minimum sentences that offenders may face when they go against possession laws. Possessing more than 1 oz in public or 10 oz of weed at home may be a misdemeanor offense, necessitating a $500 fine and up to six months incarceration. (For first-time offenders, that is.) Subsequent offenses could necessitate up to two years of imprisonment and a $2,000 fine.

For hash and concentrates, possession of 5g to 1 oz or more than 1 oz can get first-time offenders a $100 fine or one-year incarceration and a $1,000 fine, respectively. That is to say that it is illegal to possess more than 5g of hash or concentrates. Also, it is unlawful to offer weed paraphernalia to individuals that are 18 or under. Doing so can attract 3 to 5 years incarceration and up to a $5,000 fine. 

Just like alcohol and as may have been spurred by CRMLA, it is illegal to drive under the influence of weed. Also, it is illegal to have an open container of any form of weed in public or on the passenger seats of your car. Neither should you have open containers of any form of weed within reach of kids or pets.

How Much Weed Can You Buy At Once?

For patients needing medical marijuana, you can purchase a 60-day supply of Massachusetts MMJ at once from any state-authorized dispensary. Although the law indicates the allowable purchase of a 60-day supply, patients should bear in mind that the amount should not exceed 10 oz. Patients can opt to utilize available medical marijuana delivery services to have their products shipped to them. This is great for those with accessibility complications.

For adults (21 and older) using recreational marijuana, the state law allows you to purchase 5 grams of hash or concentrates or 1 oz of cannabis from state-authorized retailers. Remember that while medical marijuana is tax-exempt, users purchasing recreational marijuana may have to pay a total tax rate of up to 20%. 

How Many Weed Plants Can You Grow?

Massachusetts state law allows adult residents to grow up to six weed plants in their homes. If there is more than one adult (aged 21 and above), then the number of plants grown can get up to but not more than 12 per household at any given time. Cannabis harvested from weed plants cultivated at home is not part of the 10 oz possession limit stated earlier. This means that home growers may possess more than 10 oz of cannabis from their marijuana plants. 

On the flip side, medical patients or their caregivers can grow any number of weed plants required to provide them with a 60-day supply of marijuana. 

cloning a marijuana plant; is weed legal in massachusetts

Yes, cultivating weed is legal in the Commonwealth of Massachusetts. As you may have already guessed, this only applies to persons 21 years of age or older — or if you have an MA medical marijuana card. Additionally, you can only cultivate weed in your primary residence. Those living in rented apartments or homes will need to confirm from their landlords if they can grow weed within the vicinity.

At-Home Cultivation Regulations

As much as it is exciting to know that you can grow weed at home, the laws do not provide a hall pass for users and patients to cultivate weed plants as freely as they wish. Regulations are guiding at-home cultivation of a weed, and we have highlighted them below:

  • The weed plants should not be visible from areas outside your home. That is, anyone outside your home should not see them unless they are using an optical aid or on an aircraft. Otherwise, you may be subject to a fine of up to $300 and forfeiture of the marijuana.
  • You can only manufacture hemp at home using alcohol at a flashpoint less than 1000F. The use of any other liquid or gas is prohibited.
  • Plants can only be grown in confinements or in an area always secured with a lock or other security device.
  • Be keen on your plants’ cycle, so you know when to harvest them. Avoid having more than 6 or 12 plants flowering at any given time. Users or patients growing more than the allowable number of plants may be subject to a $100 fine and forfeiture of the excesses.
  • Unless a patient with a Massachusetts MMJ card, individuals aged 18 to 20 cannot cultivate weed plants. Offenders are subject to a $100 fine and a drug awareness program.

“Is weed legal in Massachusetts?” should not be a question bothering individuals 18 years or less in the Bay State. No part of the state law implies or encourages individuals that age to grow, purchase, or consume weed or concentrates. Individuals 18 years or less cultivating weed can face a $100 fine and complete a drug awareness program. If 17 years or less and unable to complete the program, they may face a delinquency proceeding.

Where Can You Legally Purchase Marijuana in MA?

You can legally purchase marijuana in any of the over 80 approved weed retail stores and dispensaries in MA. Of course, you need to have your medical marijuana card with you at the point of purchase if you’re a medical patient. Your medical marijuana card gives you access to Massachusetts MMJ; without it, you may not be allowed into the medical marijuana dispensaries.

Obtaining an MMJ card may seem like a bit of a tasking process, but it is really nothing to worry about! Elevate Holistics helps qualifying patients through the process of getting their medical marijuana card in speedy steps. Once you have gotten your card, feel free to walk into any dispensary to purchase weed in Massachusetts – for medical use.

Does Massachusetts Accept Out-of-State Medical Cards?

Massachusetts marijuana policy allows visitors to possess cannabis within the allowable limits. Dispensaries and retail stores in Massachusetts are allowed to accept valid IDs from out-of-state visitors. However, this is up to the discretion of the shops to choose to sell or not, depending on their assessment of the identification. Just be sure to present a government-approved card to purchase, possess, and consume medical marijuana.

Should You Get Your Massachusetts Medical Card? You Bet.

Is weed legal in Massachusetts? Yes. Can you purchase medical marijuana in Massachusetts? Yes. How do you buy medical marijuana in MA? With your Massachusetts medical marijuana card(!). Your medical card opens you up to the wondrous world of potent medical marijuana. It gives you access to all forms of marijuana and marijuana products you may ever need to help manage your condition.  

When our services become fully accessible to patients and users in Massachusetts this fall, Elevate Holistics will not only help you get your card but also link you to state-licensed physicians and medical marijuana professionals. Our experts will help you gain more insight into medical marijuana programs and the best products for you. Not to mention, you don’t have to leave the comfort of your home. Click here to learn more about obtaining a Massachusetts MMJ card, or contact us now to learn more about weed laws and weed in Massachusetts. 

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