Massachusetts

Mandatory Minimum Sentence
Tax Stamps
Medical Marijuana
Drugged Driving
Legalization

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
Possession
Personal Use
Up to 1 oz No Penalty None $ 0
More than 1 oz (first offense) Misdemeanor 6 months $ 500
More than 1 oz (subsequent offense) Misdemeanor 2 years $ 2,000
With 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 $ 10,000
50 - less than 100 lbs Felony 1* - 15 years $ 10,000
100 - less than 2000 lbs Felony 2* - 15 years $ 25,000
2000 - less than 10,000 lbs Felony 3.5* - 15 years $ 50,000
10,000 lbs or more Felony 8* - 15 years $ 200,000
Within 300 feet of a 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
Cultivation
Up to 6 plants No Penalty None $ 0
Distribution
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 - less than 100 lbs Felony 1* - 15 years $ 10,000
100 - less than 2000 lbs Felony 2* - 15 years $ 25,000
2000 - less than 10,000 lbs Felony 3.5* - 15 years $ 50,000
10,000 lbs or more Felony 8* - 15 years $ 200,000
Within 300 feet of a 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 up to 5 g No Penalty None $ 0
Possession of 5 g to 1 oz Civil Offense N/A $ 100
Possession of more than 1 oz N/A 1 year $ 1,000
Manufacture or distribution N/A 2.5 - 5 years $ 5,000
Manufacture or distribution to a minor N/A 2 - 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 No Penalty None $ 0
Selling to someone under 18 years of age Felony 3 - 5 years $ 5,000
Forfeiture
Marijuana, vehicles, and money are subject to forfeiture.
Miscellaneous
Conspiracy to commit any marijuana related offense is punishable by up to the maximum punishment.
Possession of 1 oz or less cannot result in the suspension of driving privileges.

Details

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

Legalization

This state has legalized marijuana for personal use.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.