David Bowman
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Penalty Details
Marijuana is a class D controlled substance under the Massachusett's Controlled Substances Act.
Possession for Personal Use
Possession of 1 ounce or less of marijuana is decriminalized and is punishable as a civil offense. If the offender is over the age of 18 they must pay a fine of $100. Offenders under the age of 18 must pay a $100 fine and must attend a drug awareness program. Possession of less than an ounce of marijuana cannot result in denial of public financial assistance or the right to a driver's license.
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For first offenders, possessing less than 50 pounds of marijuana with the intent to manufacture, distribute, dispense or cultivate is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment of 1-2.5 years.
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Possessing 100-1,999 pounds if marijuana with intent to distribute is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 3-15 years. There is a mandatory minimum term of three years imprisonment.
Possessing 2,000-9,999 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000.
Possessing more than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000 and imprisonment of 10-15 years. There is a mandatory minimum term of 10 years of imprisonment for this offense.
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For first offenders, selling or cultivating less than 50 pounds of marijuana is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment for 1-2.5 years.
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Selling or cultivating 100-1,999 pounds of marijuana is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 3-15 years. There is a mandatory minimum term of three years imprisonment.
Selling or cultivating 2,000-9,999 pounds of marijuana with is a felony punishable by a fine of $5,000-$50,000 and is punishable by imprisonment for 5-15 years.
Selling or cultivating more than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $20,000-$200,000 and imprisonment for 10-15 years. There is a mandatory minimum sentence of 10 years for this offense.
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Massachusetts statute defines Marihuana as including the resin extracted from the Cannabis plant and any derivatives or compounds thereof. The statute also defines Tetrahydrocannabinol separately as any compound that contains Tetrahydrocannabinol that is not itself Marihuana. The Massachusetts Controlled Substances Schedule classifies Marihuana as a Class D drug whereas Tetrahydrocannabinol as a Class C drug. Case law indicates that Hashish and Concentrates are meant to be prosecuted as Tetrahydrocannabinol, using the penalties for Class C drugs.
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Possession of one ounce or less of hashish is subject to only a civil penalty of no more than $100 and completion of a drug education program if the offender is under 18.
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Engaging in any of the above conduct when one has at least one prior conviction for a similar drug crime is punishable by up to ten years in a state prison or two and one half years in a jail or house of correction, as well as a fine of up to $10000. This crime is subject to a mandatory minimum of two years imprisonment.
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Selling, possessing, or purchasing devices used in the cultivation or smoking/ingestion of marijuana is punishably by a fine of $500-$5,000 and/or 1-2 years of imprisonment.
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All marijuana is subject to forfeiture, even in amounts under an ounce which is decriminalized in the state.
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Conspiracy
Conspiring with another person to commit any marijuana related offense is punishable by up to the maximum punishment for the crime which was the object of the conspiracy.
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Failure to pass a sobriety test can result in a fine and/or imprisonment. Massachusetts does not test for THC in blood,urine, or hair when deciding if an individual has been driving while intoxicated.
Driver's License Suspension
Simple possession of one ounce or less of pot cannot result in the suspension of driving privileges.
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Source: NORML: Massachusetts Laws & Penalties
Marijuana is a class D controlled substance under the Massachusett's Controlled Substances Act.
Possession for Personal Use
Possession of 1 ounce or less of marijuana is decriminalized and is punishable as a civil offense. If the offender is over the age of 18 they must pay a fine of $100. Offenders under the age of 18 must pay a $100 fine and must attend a drug awareness program. Possession of less than an ounce of marijuana cannot result in denial of public financial assistance or the right to a driver's license.
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- Mass. Gen. Laws. ch. 94C, § 32L
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- Mass. Gen. Laws. ch. 94C, § 34
For first offenders, possessing less than 50 pounds of marijuana with the intent to manufacture, distribute, dispense or cultivate is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment of 1-2.5 years.
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- Mass. Gen. Laws, ch. 94C, § 32C
Possessing 100-1,999 pounds if marijuana with intent to distribute is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 3-15 years. There is a mandatory minimum term of three years imprisonment.
Possessing 2,000-9,999 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000.
Possessing more than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $5,000-$50,000 and imprisonment of 10-15 years. There is a mandatory minimum term of 10 years of imprisonment for this offense.
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- Mass. Gen. Laws. ch. 94C, § 32E
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- Mass. Gen. Laws. ch. 94C, § 32J
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- Mass. Gen. Laws. ch. 94C, § 32K
For first offenders, selling or cultivating less than 50 pounds of marijuana is punishable by a fine of $500-$5,000 and/or imprisonment of up to 2 years. Subsequent offenses are punishable by a fine of $1,000-$10,000 and/or imprisonment for 1-2.5 years.
See:
- Mass. Gen. Laws. ch. 94C, § 32C
Selling or cultivating 100-1,999 pounds of marijuana is a felony punishable by a fine of $2,500-$25,000 and imprisonment for 3-15 years. There is a mandatory minimum term of three years imprisonment.
Selling or cultivating 2,000-9,999 pounds of marijuana with is a felony punishable by a fine of $5,000-$50,000 and is punishable by imprisonment for 5-15 years.
Selling or cultivating more than 10,000 pounds of marijuana with intent to distribute is a felony punishable by a fine of $20,000-$200,000 and imprisonment for 10-15 years. There is a mandatory minimum sentence of 10 years for this offense.
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- Mass. Gen. Laws. ch. 94C, § 32E
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- Mass. Gen. Laws. ch. 94C, § 32J
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- Mass. Gen. Laws. ch. 94C, § 32K
Massachusetts statute defines Marihuana as including the resin extracted from the Cannabis plant and any derivatives or compounds thereof. The statute also defines Tetrahydrocannabinol separately as any compound that contains Tetrahydrocannabinol that is not itself Marihuana. The Massachusetts Controlled Substances Schedule classifies Marihuana as a Class D drug whereas Tetrahydrocannabinol as a Class C drug. Case law indicates that Hashish and Concentrates are meant to be prosecuted as Tetrahydrocannabinol, using the penalties for Class C drugs.
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- Mass. Gen. Laws. ch. 94C, §1
- Mass. Gen. Laws. ch. 94C, §31
- Commonwealth v. Weeks, 431 N.E.2d 586 (Mass. App. Ct. 1982).
Possession of one ounce or less of hashish is subject to only a civil penalty of no more than $100 and completion of a drug education program if the offender is under 18.
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- Mass. Gen. Laws ch. 94C §32L, 32M
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- Mass. Gen Laws. ch. 94C §34
Engaging in any of the above conduct when one has at least one prior conviction for a similar drug crime is punishable by up to ten years in a state prison or two and one half years in a jail or house of correction, as well as a fine of up to $10000. This crime is subject to a mandatory minimum of two years imprisonment.
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- Mass. Gen. Laws ch 94C §32B
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- Mass Gen Laws. ch. 94C § 32F
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- Mass Gen Laws. ch. 94C § 36
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- Mass Gen. Laws ch. 94C §32K
Selling, possessing, or purchasing devices used in the cultivation or smoking/ingestion of marijuana is punishably by a fine of $500-$5,000 and/or 1-2 years of imprisonment.
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- Mass. Gen. Laws. ch. 94C, § 32I(a)
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- Mass. Gen. Laws. ch. 94C, § 32I(b)
All marijuana is subject to forfeiture, even in amounts under an ounce which is decriminalized in the state.
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- Mass. Gen. Laws. ch. 94C, § 47(a)(1)
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- Mass. Gen. Laws. ch. 94C, § 47(a)(3)
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- Mass. Gen. Laws. ch. 94C, § 47(a)(5)
Conspiracy
Conspiring with another person to commit any marijuana related offense is punishable by up to the maximum punishment for the crime which was the object of the conspiracy.
See:
- Mass. Gen. Laws. ch. 94C, § 40
Failure to pass a sobriety test can result in a fine and/or imprisonment. Massachusetts does not test for THC in blood,urine, or hair when deciding if an individual has been driving while intoxicated.
Driver's License Suspension
Simple possession of one ounce or less of pot cannot result in the suspension of driving privileges.
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- Mass. Gen. Laws. ch. 94C, § 32L
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.
DECRIMINALIZATION
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
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. For more information see NORML's Medical Marijuana section.
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. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.
Source: NORML: Massachusetts Laws & Penalties