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Current Marijuana Laws in Massachusetts – What You Need to Know

By Danyal Swan April 20, 2023
Current Marijuana Laws in Massachusetts

Cannabis is legal for both medical and adult use in the state of Massachusetts. Still, cannabis laws can be far from simple, and there’s a great deal to know before you venture out to make your first purchase. Learning some background about cannabis in Massachusetts can help you feel comfortable while visiting a dispensary in the state. Even more importantly, some cannabis education can help ensure you are able to purchase the wonderful products you’ve been hearing so much about.

Before we dive into the specific state laws around cannabis recreational and medical use in Massachusetts, let’s take a quick look at the history of cannabis in the United States.

Cannabis in America

Cannabis has a long history in America. The early colonists were strongly encouraged, and in some cases legally required, to grow cannabis for hemp. This began to change as products to replace hemp were imported and created. By the close of the Civil War, US hemp production had lost its popularity and passed its peak. Despite that, the production of cannabis was on the rise for an even more beneficial reason: cannabis became a popular ingredient in tinctures and medicine.

It would take longer for recreational use to arise. Mexican refugees brought additional cannabis into the country in the 1910s as they fled from the violence of the Mexican Revolution. By the 1930s, it had spread to and became popular among the hepsters (now used today as “hipsters”) within the black jazz community. Experimentation with substances, particularly cannabis, became popular in the 1950s among the Beat Generation and subscribing Beatniks.

Unfortunately, even before the Beatniks took up cannabis use, the criminalization process in the US had already begun. After Prohibition of alcohol was repealed, bureaucrats turned their attention to cannabis and spread word of its use by the black and Mexican communities at the time. This association with immigrant classes and news traveling into the country of "Mexican loco-weed" spread fear and disdain among much of the voting public. By 1931, twenty-nine states had outlawed cannabis, and in 1937, the Marijuana Tax Act was passed.

Cannabis became a controlled substance and was declared illegal, even for medical use, by the Controlled Substances Act in 1970. However, beginning in 1996, various medicinal cannabis laws began turning the tide. By 2012, states were legalizing cannabis for recreational use. Currently, 22 states, including Massachusetts, have approved cannabis for both recreational and medicinal use.

The history of cannabis laws in Massachusetts is one of several firsts. While Massachusetts was the first state to restrict the use and sale of cannabis, it was also the first to decriminalize possession in small amounts.

When Did Cannabis Become Legal in Massachusetts?

Here are some important cannabis history dates in Massachusetts:

  • 1911: Massachusetts became the first US state to outlaw the sale of cannabis without a prescription.
  • 2008: Almost a century later, Massachusetts became the first state to decriminalize the possession of small amounts of cannabis by public ballot. This made possession of less than an ounce punishable with only a $100 fine and no criminal charges.
  • 2012: Voters in Massachusetts approved cannabis for medicinal use for those with serious health conditions. It became possible for patients to apply for and acquire a medical card that allows purchases from state-regulated growers. In some cases, patients were approved to grow their own cannabis.
  • 2016: Massachusetts voters made their state the first on the East Coast to legalize recreational cannabis for those 21 and older. In response, the government promised to establish a commission to regulate cannabis similarly to alcohol. After the 2016 ballot was passed, the government established the Cannabis Control Commission to regulate the cannabis industry.
  • 2018: By November 2018, the first cannabis stores opened and allowed recreational purchases by adults over 21.

What is the Current Marijuana Law in Massachusetts?

If you plan to use cannabis in Massachusetts, it's important to know and understand the different laws for both medical and recreational purposes. These laws are distinct from one another, so make sure you are familiar with the rules that apply to your intended form of cannabis use.

Adult Use Recreational Cannabis Dispensary in MA

Recreational Use Laws

As of 2016, when voters passed the Massachusetts Legalization, Regulation, and Taxation Initiative, recreational cannabis use is legal. Dispensaries can sell cannabis to anyone older than 21 years of age, and these individuals can possess and store approved amounts of cannabis.

In Massachusetts, you can possess:

  • One ounce of cannabis in a public place
  • A maximum of 10 ounces of cannabis at home
  • Up to five grams of cannabis concentrate
  • Up to six mature cannabis plants and a maximum of 12 plants per resident (the plants must be kept from public view)

If you exceed approved recreational cannabis possession regulations, there are applicable penalties. Depending on the amount of cannabis involved, these penalties range from a civil penalty and a $100 fine to five years in prison and a $125,000 fine.

Medicinal Cannabis

Medicinal cannabis patients have far fewer restrictions on the amount of cannabis they can possess. While purchase and possession limits are less specific, patients can potentially buy much larger quantities of cannabis than recreational cannabis users. Patients are authorized to purchase and possess a 60-day supply of their prescribed cannabis amount, up to a maximum of ten ounces. There are also legal protections in place that prevent municipalities from outlawing medicinal cannabis dispensaries.

Massachusetts Cannabis FAQs

Massachusetts Cannabis FAQs

Because cannabis use laws are relatively new compared to a century of criminalization, it is unsurprising that Massachusetts residents have unanswered questions. This list of cannabis FAQs should help you feel more confident if you choose to purchase cannabis in the state.

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      "questions_0_question": "Can I Buy from More Than One Dispensary Per Day in Massachusetts?",
      "_questions_0_question": "field_632ae305336793",
      "questions_0_answer": "It is legal to visit and purchase from more than one dispensary per day in Massachusetts, though state dispensaries are connected through an electronic system. This system will keep track of your cannabis purchases and prevent you from buying more than the legal limit. Remember: you can carry up to one ounce on your person or keep ten ounces at your home.",
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      "questions_1_question": "How Much Cannabis Can You Buy Per Day in Massachusetts?",
      "_questions_1_question": "field_632ae305336793",
      "questions_1_answer": "The legal purchase limit for cannabis depends on your reason for using it. If you are purchasing cannabis for medicinal use, you are authorized to purchase up to a 60-day supply of your recommended dose or up to ten ounces. Adult recreational users can purchase up to one ounce of flower, five grams of concentrate, or 500 mg of edibles each day. Though it seems like the purchase limit is lower for medicinal users, they have the benefit of being able to possess more cannabis at a time.",
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      "questions_2_question": "Can You Just Walk Into a Dispensary in Massachusetts?",
      "_questions_2_question": "field_632ae305336793",
      "questions_2_answer": "You must be 21 years of age or possess a medical marijuana card to enter dispensaries in Massachusetts. The employees are legally required to verify a customer’s age by checking their identification, so ensure you have a driver’s license, passport, or another valid form of ID that has not expired. If you are under 21 with a medical marijuana card, you will also need to have your medical marijuana card with you and ensure you are visiting a dispensary that sells both medical and adult-use cannabis.",
      "_questions_2_answer": "field_632ae30d3367a3",
      "questions_3_question": "How Many Grams of Cannabis Can You Buy in Massachusetts?",
      "_questions_3_question": "field_632ae305336793",
      "questions_3_answer": "For medicinal cannabis users, the purchase limit is ten ounces, roughly 283 grams, every 60 days. For recreational users, the purchase limit is one ounce of flower, or about 28 grams, per day. You can purchase up to five grams of concentrates, which will count toward the one-ounce-per-day limit. You can buy up to 500 mg of edibles each day. The law considers 500 mg of edibles as equal to one ounce of cannabis, so you can mix and match your purchases if you do not exceed the one-ounce maximum. There is no limit on the volume of topical products you can buy each day.",
      "_questions_3_answer": "field_632ae30d3367a3",
      "questions_4_question": "Can I Purchase Cannabis Products From Massachusetts Dispensaries if I Live out Of State?",
      "_questions_4_question": "field_632ae305336793",
      "questions_4_answer": "If you are 21 years of age, you can purchase cannabis products from recreational Massachusetts dispensaries. It is important to note that you cannot travel across state lines with cannabis, even if the state you are entering has also legalized cannabis. In fact, it is considered drug trafficking to transport cannabis over state lines. The potential penalty for this charge is up to five years in prison and a fine of up to $250,000 if you are caught in possession of fewer than 50 plants or less than 50 kg.",
      "_questions_4_answer": "field_632ae30d3367a3",
      "questions_5_question": "Can You Grow Cannabis in Massachusetts?",
      "_questions_5_question": "field_632ae305336793",
      "questions_5_answer": "It is legal for those 21 or older to grow cannabis plants in Massachusetts. Residents are limited to six mature plants and a total of 12 total plants in a single residence. The plants are required to be out of public view, and the area where they are kept should have a security device or lock to prevent children from gaining access. If you rent your home, your landlord may refuse permission to grow cannabis.",
      "_questions_5_answer": "field_632ae30d3367a3",
      "questions_6_question": "Who Can Use Medical Cannabis in Massachusetts?",
      "_questions_6_question": "field_632ae305336793",
      "questions_6_answer": "The medical marijuana law in Massachusetts states that patients must have been diagnosed with a debilitating medical condition to register and receive a medical marijuana card. A few examples of qualifying conditions include HIV/AIDS, Crohn’s disease, Parkinson’s disease, glaucoma, and cancer. Conditions not previously approved can be treated with medical cannabis if a physician deems it an appropriate treatment.",
      "_questions_6_answer": "field_632ae30d3367a3",
      "questions_7_question": "What Are the Penalties in Massachusetts for Possession of More Than One Ounce of Cannabis?",
      "_questions_7_question": "field_632ae305336793",
      "questions_7_answer": "With the new decriminalization laws and legalization laws in place, there are reduced penalties for possession of more than the legal limit of cannabis. If you are caught in possession of up to two ounces or up to 12 mature plants, you will not be facing criminal charges. Instead, you will be required to pay a fine of $100 as a civil penalty. If you are caught with up to four ounces, the penalty is a $1,000 fine but no jail time. Possession of four to eight ounces will result in a $2,500 fine and six months in prison, while possession of more than eight ounces will result in a $125,000 fine and five years in prison.",
      "_questions_7_answer": "field_632ae30d3367a3",
      "questions_8_question": "How Should Cannabis be Stored While Driving in Massachusetts?",
      "_questions_8_question": "field_632ae305336793",
      "questions_8_answer": "Like alcohol, an open container of cannabis in any form cannot be transported in your car or located in a place with public access. While you are transporting cannabis in your vehicle, it must be in a closed container inside a locked glove compartment or in your trunk. The cannabis open container law states that violations can result in a $500 fine.",
      "_questions_8_answer": "field_632ae30d3367a3",
      "questions_9_question": "Can an 18-Year-Old Purchase Cannabis in Massachusetts?",
      "_questions_9_question": "field_632ae305336793",
      "questions_9_answer": "You must be 21 years of age to enter a dispensary and purchase cannabis for recreational use in Massachusetts. The only exception is if an underage person is in possession of a medical marijuana card. In this instance, the purchase of cannabis is legal. If an underage person between the ages of 18 and 20 attempts to purchase cannabis products or accessories, they can be fined. If a person 17 or younger attempts to buy cannabis, they will face parental notification, a fine, and will be required to complete a drug awareness program.",
      "_questions_9_answer": "field_632ae30d3367a3",
      "questions_10_question": "What Are the Medical Benefits of Using Cannabis?",
      "_questions_10_question": "field_632ae305336793",
      "questions_10_answer": "Evidence suggests that cannabis can be useful in treating many physical and mental health conditions. These can include chronic pain, alcohol use disorder, opioid use disorder, depression, anxiety, insomnia, post-traumatic stress disorder, seizures, cancer, and more. As research continues, we are likely to discover more potential uses for medicinal cannabis.",
      "_questions_10_answer": "field_632ae30d3367a3",
      "questions_11_question": "How Should I Prepare to Shop for Cannabis in Massachusetts?",
      "_questions_11_question": "field_632ae305336793",
      "questions_11_answer": "Most dispensaries house their product menus on a website so you can develop a feel for the environment at the dispensary itself online. This gives you the opportunity to choose the dispensary where you will feel most comfortable shopping, as well as the one that has the cannabis products you need. Before you go, be sure that you have the proper payment method available. You are only permitted to purchase cannabis products with cash or a debit card. You cannot use a credit card for this purchase. You must also bring a valid form of ID with you to the dispensary, as the staff will need to verify your age.",
      "_questions_11_answer": "field_632ae30d3367a3",
      "questions_12_question": "What Cannabis Products Should I Try?",
      "_questions_12_question": "field_632ae305336793",
      "questions_12_answer": "Using cannabis for the first time, or even branching out from the products you have previously used, can seem daunting. The best route to finding a product is first assessing your cannabis goals, then researching the different options with your personal tastes in mind.",
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      "questions": 13,
      "_questions": "field_632ae2f6336783"
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Final Thoughts on Cannabis in Massachusetts

Zen Leaf Dispensary Sharon, Massachusetts

Though Massachusetts was the first state to restrict cannabis use, it is also a trailblazer in cannabis decriminalization. Both recreational and medicinal cannabis use is legal for Massachusetts residents and traveling citizens, but it’s important to follow state regulations if you choose to partake.

Head on over to our state guide for more on cannabis laws and dispensaries in Massachusetts, or visit your local Zen Leaf dispensary to talk directly to a member of our knowledgeable staff. Within the state of Massachusetts, Zen Leaf Dispensaries can currently be found in the cities of Plymouth and Sharon. 

Our mission is to provide reliability, authenticity, and accessibility within the cannabis community. We hope to see you soon!


References:

  1. Massachusetts law about recreational marijuana. (2022, December 27). Mass.gov. Retrieved February 14, 2023, from https://www.mass.gov/info-details/massachusetts-law-about-recreational-marijuana
  2. Therapeutic Benefits of Cannabis: A Patient Survey. (n.d.). NCBI. Retrieved February 14, 2023, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3998228/

Digital Content Manager for MÜV Florida and Zen Leaf Dispensaries. A cannabis connoisseur with a passion for explaining the miraculous possibility of the plant, Swan began her journey with cannabis as a recreational user and quickly realized its positive impact on her depression and severe anxiety. She joined the cannabis industry as Receptionist and MedTender and witnessed first-hand the immense potential of the plant for a wide variety of ailments, deepening her passion for alternative medicine. Swan is dedicated to self-education on the plant and sharing its potential with all. She holds a Journalism degree from the University of Iowa.

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