MASSACHUSETTS



GOOD TO
KNOW

BILL H.3818

In order to possess or use retail marijuana in Massachusetts, you must have a valid ID proving you’re 21 or older.

POSSESSION
AT HOME, possess 10 ounces in your primary residence plus any homegrown marijuana.

OUTSIDE, possess 1 ounce of flower outside your primary residence. And not more than 5 grams of marijuana concentrate.

GIFTING

Under the current law in MA, marijuana is a perfectly legal gift for individuals 21+. Anyone 21+ can gift up to 1 ounce of marijuana to a recipient who is 21 or older.

However, a gift cannot be accompanied with the sale of another item: “gift of marijuana given in conjunction with the sale of another item in order to evade laws governing the sale of marijuana is illegal and [the] person who grants such a gift is subject to prosecution.”

STORAGE
Store all cannabis products in a locked area, out of sight and out of reach of children and pets. Keep cannabis in child-resistant packaging. Adults can possess up to 1 ounce of cannabis flower and up to 5 grams of concentrate in public . At home, adults can possess up to 10 ounces of cannabis flower, plus any marijuana produced by marijuana plants cultivated on the premises, homegrown. Must be securely locked. Have a conversation with your landlord.

Anyone 21+ can grow up to 6 plants per person and up to 12 plants per household. Have a conversation with your landlord, they can determine your ability to grow through a lease.
Plants must not be visible from a public place without the use of binoculars, aircraft or other optical aids. Cultivate or process marijuana plants inside an area that is equipped with a lock or other security device.
CRIMINAL CHARGES
GROWING BEFORE +21 “A person who is 18 years old, but not yet 21, who grows 12 marijuana plants or fewer in their home shall be punished by a civil penalty of not more than $100 and shall complete a drug awareness program established pursuant to section…If that person is less than 18 years of age, the parent or legal guardian of that person shall be notified. ”

PUBLIC CONSUMPTION
Using marijuana in any form (smoking, eating, or vaping) is not allowed in public places, including amusement parks, sporting and music venues, state and national parks, playgrounds, sidewalks and roads, marijuana retail businesses, or even your porch. Use it on private property, not public space. If you live in public housing/apartments/rent there might be restrictions on growing/smoking. Have a conversation with your landlord.

EDIBLES
The effects of edibles, teas, and sodas can take longer to peak. They also last longer than smoking, causing some users to consume too much. Consider 5mg a serving. It can take up to four hours to feel the full effects, which can last up to ten hours. Remember to start low and go slow.

MIXING WITH ALCOHOL
Using alcohol and marijuana at the same time is likely to result in greater impairment than when using either one alone. Use both with caution, and remember, it’s not a good idea to combine them. Also, be aware of the effect marijuana can have on prescription drugs. Ask your doctor if marijuana could interfere with your prescribed medication.

“Craft marijuana cultivator cooperative”, a marijuana cultivator comprised of residents of the commonwealth organized as a limited liability company or limited liability partnership under the laws of the commonwealth, or an appropriate business structure as determined by the commission, and that is licensed to cultivate, obtain, manufacture, process, package and brand marijuana and marijuana products to deliver marijuana to marijuana establishments but not to consumers.
(xxvii) procedures and policies, in cooperation with the department of agricultural
resources, to promote and encourage full participation in the regulated marijuana industry by
farmers and businesses of all sizes, which shall include creating a schedule of cultivator license fees commensurate with cultivation size and regulations to create a craft marijuana cultivator cooperative system, including but not limited to, the following: (1) a limitation on ownership interests in a marijuana cultivator cooperative; (2) a limit on the total marijuana produced by a craft marijuana cultivator by the number of plants, surface area used for cultivation or output by weight; and (3) a reasonable fee for licensure as a craft marijuana cultivator cooperative;

People or entities conducting extractions must have a license to manufacture ” Unless done pursuant to a marijuana product manufacturer license issued by the commission, this chapter does not authorize a person to manufacture marijuana or hemp by means of any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees Fahrenheit.”

YOUR TAXES

TOTAL MAXIMUM TAX: 20%
[ MA state sales tax of 6.25%
+ State excise tax on marijuana 10.75%
+ City/Town excise tax 3%.]

LOCAL VOTING CONTROL

CITIES WHO VOTED FOR THE BALLOT INITIATIVE approve or refuse bans on retail marijuana shops through the voters. Voting happens through a town-wide referendum.

CITIES OR TOWN THAT VOTED AGAINST THE BALLOT INITIATIVE impose bans on marijuana establishments through selectmen, without a town-wide referendum, “between now and 2019.” This provision applies to 91 communities comprising of 28 percent of the state’s population.

COMMUNITY HOSTING AGREEMENTS

Communities can enter into host community agreements with marijuana licensees. Community host agreements cannot run for more than five years and the community impact fee paid to the municipality by the licensee cannot exceed 3 percent of the establishment’s gross sales.

Oversight is regulated by a five-person Cannabis Control Commission, CCC. At least one member is appointed by the governor, one by the attorney general, and one by the treasurer. The two other members are appointed through a majority vote of the governor, the attorney general, and the treasurer. The chair is appointed by the treasurer, and all selectees have salaries.

Grow spaces can be fire hazards. Learn how to do it properly. Great resources include Northeastern Institute of Cannabis and New England Grass Roots Institute. If you are unsure of the potency of your products, or suspect they have mold, test them. Great places to test your products are MCR Labs, Proverde Labs, and Viridis Labs. Labs can help you understand terpenes, cannabinoids, and screen for toxins like mold, mildew, heavy metals, and more. Safe starts with us.

Stay informed and help us continue our efforts in engaging legislators to respect the will of Massachusetts voters. Together, we can maintain a responsible cannabis industry in the Commonwealth of Massachusetts. Help us ensure a safe industry for large and small local markets alike, the best choice and variety for the consumers, and the best possible quality standards. Stay updated through MRCC.

Marijuana at the federal level.