The state of Massachusetts does not permit any legal usage or
possession of marijuana. This includes for personal use or medical use.
Laws state that any amount is punishable by criminal charges. Because
there have been multiple attempts to alter the law, Massachusetts
created the Question 2 law. The Question 2 law states that a first
offense of a small, possessed amount can have lower criminal charges.
This kind of charge is as minimal as a traffic offense.
Massachusetts' laws of possession are based on the amount an individual
possesses as well as the number of prior offenses. Possessing less than
one ounce is considered a civil offense and is not punishable by
incarceration but does include a fine of one hundred dollars.
In the cases where these offenders are under the age of eighteen, they
are required to pay one thousand dollars or to attend a drug awareness
program. Possessing more than an ounce is considered a misdemeanor
offense in all cases. All first-time offenders and subsequent
possession offenders will be penalized through a fine of five hundred
dollars with or instead of incarceration of six months.
First-time offenders, and some other subsequent offenders, have the
opportunity to complete probation where all their records according to
the crime will be sealed when probation is complete.
Growth and Sale
The first offense of growing or selling fewer than fifty pounds of
marijuana is considered a misdemeanor offense. This first offense is
punishable by a fine of five thousand dollars and two years of
imprisonment. All other sale and growth penalties are considered felony
Selling or growing between fifty and one hundred pounds can be
penalized by at least one year of incarceration, with a possibility of
two and a half to fifteen years in prison, and a fine between five
hundred and ten thousand dollars.
All selling or growing between one hundred and one thousand pounds can
be punished by a mandatory imprisonment of three years, with the
possibility of fifteen years, and a fine between twenty-five hundred
and twenty-five thousand dollars.
The sale and growth between two thousand and ten thousand pounds of
marijuana is punishable by a mandatory minimum incarceration of five
years, with the possibility of fifteen years, and a fine between five
thousand and fifty thousand dollars.
Selling or growing more than ten thousand pounds of marijuana earns a
mandatory minimum imprisonment of ten years, with a possibility of
fifteen, and a fine between twenty thousand and two hundred thousand
Selling or growing any amount of marijuana on or within one thousand
feet of school property is considered a felony and is punishable by a
mandatory minimum of two years imprisonment, with the possibility of
fifteen years, and a fine between one thousand and ten thousand dollars.
Paraphernalia charges in Massachusetts are always felony offenses.
Manufacturing, selling, or possessing marijuana paraphernalia is
penalized by a fine between five hundred and five thousand dollars with
or instead of one to two years of incarceration. Selling paraphernalia
to a minor can earn three to five years of incarceration with the same
fine amount as other paraphernalia charges.