They say good things come in threes. Over 12 years, Massachusetts has gone from decriminalization to full legalization in just three successive election cycles with ballot Questions 2, 3 and 4, moving Massachusetts to the forefront of marijuana legalization in the U.S.
But it wasn't always this way.
Believe it or not, Massachusetts sits in the unenviable position of being the first state to criminalize marijuana use in 1911 by requiring a prescription for the purchase of Indian hemp. Many states followed over the next two decades amid sweeping prohibition trends that culminated in the Marihuana Tax Act of 1937, which banned the drug nationwide.
It wasn't until almost 100 years later that Massachusetts marijuana laws were amended with the passing of the Massachusetts Sensible Marijuana Policy Initiative, also known as Question 2, on November 4, 2008. The law, which was supported by 63 percent of voters, made the possession of less than one ounce of cannabis a civil infraction that carried just a $100 fine, down from $500 and up to six months in jail previously.
In 2012, Massachusetts voters approved Question 3, or the Massachusetts Medical Marijuana Initiative, which created the legal framework for the Massachusetts medical marijuana program. Under certain conditions, medical marijuana patients could now legally use, possess, and cultivate marijuana, as well as purchase marijuana from one of 35 state-regulated, non-profit dispensaries.
Learn more about marijuana in Massachusetts
Four years later in 2016, voters approved Massachusetts Marijuana Legalization with ballot Question 4, which allowed the recreational use of marijuana for adults in the state. Going into effect on December 15, 2016, the law permits adults to possess or purchase up to one ounce of flower marijuana, cultivate up to six plants -- 12 per household -- and store up to 10 ounces of marijuana at home.
That said, while weed is legal according to Massachusetts marijuana laws, it is not legal to consume cannabis in public, including in parks, sidewalks, or public roads.
FAQs
Does Massachusetts allow medical marijuana?▼
Massachusetts has spent the last decade reforming the state's marijuana laws, going from decriminalization in 2008 to recreational legalization in 2016, with an assortment of revisions in the years since.
In 2008, the passage of Question 2 (65.2 percent to 34.8 percent) reduced penalties for the possession and use of marijuana down to civil charges and a $100 fine.
In 2012, voters passed Question 3, which set up the medical marijuana framework in the state for specific debilitating health conditions. Today, there are nearly 60,000 active medical marijuana patients registered with the state.
In 2008, the passage of Question 2 (65.2 percent to 34.8 percent) reduced penalties for the possession and use of marijuana down to civil charges and a $100 fine.
In 2012, voters passed Question 3, which set up the medical marijuana framework in the state for specific debilitating health conditions. Today, there are nearly 60,000 active medical marijuana patients registered with the state.
Is weed legal in Massachusetts?▼
Yes, Massachusetts weed laws allow the recreational use, possession, and cultivation of marijuana for all adults over the age of 21.
In 2016, Massachusetts voters passed Question 4 with 54 percent of the vote, which made recreational weed legal in the state.
In 2016, Massachusetts voters passed Question 4 with 54 percent of the vote, which made recreational weed legal in the state.
Where are the dispensaries located in Massachusetts?▼
As of May 2019, there are 17 recreational dispensaries in the state.
Locations are in Leicester, Northampton, Salem, Wareham, Easthampton, Great Barrington, Pittsfield (2), Fall River, Hudson, Gardner, Uxbridge, Lowell, Brookline, Greenfield, Williamstown, Worcester, Amherst, Newton, Chicopee and Malborough. There are also 49 approved medical marijuana businesses in the state. The full list can be found here.
Locations are in Leicester, Northampton, Salem, Wareham, Easthampton, Great Barrington, Pittsfield (2), Fall River, Hudson, Gardner, Uxbridge, Lowell, Brookline, Greenfield, Williamstown, Worcester, Amherst, Newton, Chicopee and Malborough. There are also 49 approved medical marijuana businesses in the state. The full list can be found here.
Are the Massachusetts dispensaries recreational or medical?▼
Both; there are 17 recreational dispensaries and 49 approved medical dispensaries in the state.
Payment Methods Accepted at Dispensaries in Massachusetts▼
Due to federal banking laws, dispensaries in Massachusetts are cash-only, though most dispensaries have an ATM on site and may be able to run your purchase as an ATM transaction.
Massachusetts Grow Limits▼
Adults 21 and older are permitted to grow up to six plants at home with a limit of 12 plants per household, according to Massachusetts marijuana laws. Furthermore, no more than six plants can be flowering at any time, but all marijuana harvested from at-home grows can be kept at home, and up to one ounce can be given away. No marijuana from a home grow is allowed to be sold for any reason.
Persons under the age of 21 are not allowed to grow marijuana, even if they are a medical marijuana patient.
Persons under the age of 21 are not allowed to grow marijuana, even if they are a medical marijuana patient.
Massachusetts Purchasing Limits▼
Medical marijuana cardholders in Massachusetts can purchase up to ten ounces of flower marijuana over a sixty-day period and are forbidden from possessing more than 10 ounces at any one time. A patient's doctor may raise these limits if needed for proper treatment.
According to marijuana laws in Massachusetts, adults ages 21 and older may purchase and possess up to one ounce of marijuana flower or up to five grams of marijuana concentrate.
According to marijuana laws in Massachusetts, adults ages 21 and older may purchase and possess up to one ounce of marijuana flower or up to five grams of marijuana concentrate.
Can you go into a dispensary when you're under 21 in Massachusetts?▼
Yes, but only if you are a medical marijuana patient over the age of 18 visiting a medical marijuana dispensary. Medical marijuana patients under 18 are not allowed to purchase their own marijuana. Instead, their caregiver or guardian must purchase or grow products for them.
For all recreational dispensaries, you must be at least 21 years old to enter or purchase cannabis.
For all recreational dispensaries, you must be at least 21 years old to enter or purchase cannabis.
How old do you have to be to purchase marijuana in Massachusetts?▼
Massachusetts recreational weed laws stipulate that you must be at least 21 years old to purchase marijuana in the state from a certified dispensary.
Medical marijuana patients under the age of 21 but older than 18 must have a valid medical marijuana card and must buy their marijuana from a registered marijuana dispensary. Patients under 18 are not allowed to purchase their own marijuana.
Medical marijuana patients under the age of 21 but older than 18 must have a valid medical marijuana card and must buy their marijuana from a registered marijuana dispensary. Patients under 18 are not allowed to purchase their own marijuana.
Do you need a medical card to buy from a dispensary in Massachusetts?▼
No, recreational dispensaries serve all adults over the age of 21.
Medical marijuana dispensaries, however, will only sell to medical marijuana patients registered with the state over the age of 18.
Medical marijuana dispensaries, however, will only sell to medical marijuana patients registered with the state over the age of 18.
Do you need a medical card to enter a dispensary in Massachusetts?▼
No, recreational dispensaries in the state will sell marijuana to anyone over the age of 21.
Registered marijuana dispensaries, on the other hand, only serve medical marijuana cardholders over the age of 18.
Registered marijuana dispensaries, on the other hand, only serve medical marijuana cardholders over the age of 18.
Massachusetts Possession/Use Limits▼
Medical marijuana patients in the state can possess up to 10 ounces of flower marijuana, according to Massachusetts marijuana laws.
Recreational users, however, can only possess up to one ounce of flower marijuana, including up to five grams of marijuana concentrate.
Adults caught with more than one ounce of marijuana may face misdemeanor charges, six months in jail, and a $500 fine. If caught again, an individual may face up to two years in prison and a $2,000 fine. Oddly enough, while adults are limited to five grams of marijuana concentrate, the penalty for up to an ounce of concentrate is $100, compared to $500 for exceeding the legal possession limit for flower.
Adults may also gift up to one ounce of marijuana flower or up to five grams of marijuana concentrate to any individual over 21 under two conditions:
Unfortunately, medical marijuana cardholders under the age of 18 cannot purchase their own cannabis. Such purchases can only be made by the cardholder's parent, legal guardian or caregiver.
Recreational users, however, can only possess up to one ounce of flower marijuana, including up to five grams of marijuana concentrate.
Adults caught with more than one ounce of marijuana may face misdemeanor charges, six months in jail, and a $500 fine. If caught again, an individual may face up to two years in prison and a $2,000 fine. Oddly enough, while adults are limited to five grams of marijuana concentrate, the penalty for up to an ounce of concentrate is $100, compared to $500 for exceeding the legal possession limit for flower.
Adults may also gift up to one ounce of marijuana flower or up to five grams of marijuana concentrate to any individual over 21 under two conditions:
- The transaction was not advertised or solicited
- Nothing of value was bartered or exchanged for the marijuana.
Unfortunately, medical marijuana cardholders under the age of 18 cannot purchase their own cannabis. Such purchases can only be made by the cardholder's parent, legal guardian or caregiver.
Massachusetts Consumption▼
The public consumption of marijuana, except at venues specifically licensed for the activity, is strictly forbidden for recreational cannabis consumers, according to marijuana laws in Massachusetts. This includes smokable, edible, and topically applicable forms of cannabis or cannabis products.
Similarly, medical cardholders are restricted from smoking or vaporizing marijuana in public, but the law is silent on the consumption of edibles in public, providing a legal loophole for public consumption by medical marijuana patients.
Private residences and private property remain the best places to consume marijuana for both recreational users and medical cardholders.
Similarly, medical cardholders are restricted from smoking or vaporizing marijuana in public, but the law is silent on the consumption of edibles in public, providing a legal loophole for public consumption by medical marijuana patients.
Private residences and private property remain the best places to consume marijuana for both recreational users and medical cardholders.
Massachusetts Cultivation▼
Because the last application window did not assign out all available permits to growers in the state, Massachusetts is still accepting applications for grow operations.
For medical marijuana, there is no limit to the number of dispensaries, which has left the state with about 100 pending applications to join the dozen or so existing cultivators in the state.
Until October 2019, only 75 recreational grow permits will be issued in Massachusetts, with no limit after. However, no new licenses will be issued until later this year, and individual municipalities may limit the number and size of grow operations within their borders.
For medical marijuana, there is no limit to the number of dispensaries, which has left the state with about 100 pending applications to join the dozen or so existing cultivators in the state.
Until October 2019, only 75 recreational grow permits will be issued in Massachusetts, with no limit after. However, no new licenses will be issued until later this year, and individual municipalities may limit the number and size of grow operations within their borders.
Medical At-Home Cultivation in Massachusetts▼
Massachusetts medical marijuana laws allow medical marijuana cardholders to cultivate marijuana at home or at their caregiver's residence. The authorizing physician may recommend the cultivation of more than the six-plant limit based on anticipated cardholder need for treatment. Ultimately, cardholders are expected to grow the approximate equivalent of a 60-day supply.
Recreational At-Home Cultivation in Massachusetts▼
Adults aged 21 and over are permitted to cultivate up to six plants per individual with a maximum of 12 per household. The plants must be hidden from public view and kept locked and secure. Any person caught in violation of these provisions may have their plants confiscated and face up to a $300 fine.
Massachusetts Transport▼
Massachusetts marijuana laws allow cannabis to be transported within the state by medical cardholders, their caregivers, or adults 21 years and older; however, all marijuana must remain unopened and unused while in transport -- individuals transporting opened packages of cannabis may face up to a $500 fine.
Is marijuana delivery legal in Massachusetts?▼
Delivery of marijuana is legal in Massachusetts for adults and medical cardholders. Furthermore, municipalities cannot ban the transportation of marijuana on any public road.
Marijuana and Driving in Massachusetts▼
Just like driving drunk, driving while under the influence of marijuana is a crime, even as a registered medical marijuana patient.
Penalties for operating a vehicle while under the influence of marijuana may include fines up to $5,000, a one-year suspension of driving privileges, and up to 30 months of house arrest. Additional charges may include probation and mandated drug-abuse counseling.
It is unclear at this time whether the state intends to refine the definition of marijuana intoxication. Colorado, for instance, has enacted a five-nanogram-per-milliliter-of-blood limit for THC when evaluating intoxication, but critics say that there is no scientific way to determine marijuana intoxication due to the length of time marijuana stays in the bloodstream.
Penalties for operating a vehicle while under the influence of marijuana may include fines up to $5,000, a one-year suspension of driving privileges, and up to 30 months of house arrest. Additional charges may include probation and mandated drug-abuse counseling.
It is unclear at this time whether the state intends to refine the definition of marijuana intoxication. Colorado, for instance, has enacted a five-nanogram-per-milliliter-of-blood limit for THC when evaluating intoxication, but critics say that there is no scientific way to determine marijuana intoxication due to the length of time marijuana stays in the bloodstream.
Notes on Massachusetts Marijuana Laws ▼
- Massachusetts was the first U.S. state to ban cannabis in 1911 by requiring a prescription for the sale of Indian hemp.
- Being caught with more than the possession limit of marijuana flower carries a $500 fine while exceeding the possession limit of marijuana concentrate only carries a $100 fine.
- Medical marijuana patients under the age of 18 cannot purchase their own marijuana from a medical dispensary. Instead, their parent, legal guardian, or caregiver must purchase or grow marijuana for them.
