Illegal Drugs and Alcohol

Marijuana Law Massachusetts

Massachusetts passed “The Regulation and Taxation of Marijuana Act.” Contrary to popular belief, marijuana has not been legalized for all purposes in Massachusetts.

It is illegal for any person to possess any amount of marijuana on Boston University property. In addition, it remains illegal for anyone to possess, use, or consume marijuana on the grounds of a public or private K–12 school. There is no exception for medical marijuana.

Off-campus possession – 21 years or older. Massachusetts legalized possession of certain amounts of marijuana for a person 21 years of age or older. Any person 21 years of age or older in possession of more than one ounce of marijuana faces civil fines and/or criminal penalties, which may include arrest. Exception: In your “primary residence,” you may legally possess up to 10 ounces of marijuana. Landlords have the right to restrict the smoking of marijuana in properties they own.

No person under the age of 21 may possess marijuana in public or in private in Massachusetts. The penalties range from civil fines and/or criminal penalties, which may include arrest. Persons 18 years and younger face civil fines and mandatory drug education classes. There is an exception for valid medical marijuana registration cardholders.

Selling Marijuana. It remains illegal for any person to sell marijuana without a valid license from the Massachusetts Department of Public Health or the Cannabis Control Commission. Selling any amount of marijuana or possessing marijuana with the intent to distribute it are criminal offenses that may result in fines and jail time.

Giving Away Marijuana – “Gifting.” A person 21 years or older may “gift” another person 21 years or older up to one ounce or less or marijuana. Gifting more than one ounce is a criminal offense. Gifting persons under 21 years is also a criminal offense.

Cultivation of Marijuana Plants. Massachusetts law allows for a person 21 years or older to cultivate up to 6 marijuana plants in their “primary residence,” with a maximum of 12 plants in a home where more than one person 21 years or older resides. Landlords have the right to forbid cultivation of marijuana in properties they own.

Manufacture of Marijuana Concentrate is Illegal. The manufacture of marijuana concentrate is illegal and can result in the forfeiture of property or in criminal penalties if manufactured for sale or intended sale.

Local city or town laws may prohibit possession or consumption of marijuana. Cities and towns may regulate or prohibit the possession or consumption in a public building and may prohibit the smoking of marijuana in public places or where smoking tobacco is prohibited.