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Massachusetts
Marijuana Law
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Incarceration |
Fine |
| Possession |
| Any amount (first offense) |
misdemeanor |
6 months* |
$500 |
| Any amount (subsequent offense) |
misdemeanor |
6 months** |
$500 |
*Probation with records sealed upon
completion of probation.
**Probation possible. |
| Sale or Cultivation |
| Less than 50 lbs |
felony |
2 years |
$5,000 |
| 50 to 100 lbs |
felony |
1 year MMS*** up to 2.5 - 15 years |
$500 - $10,000 |
| 100 to 2,000 lbs |
felony |
3 years MMS*** up to 15 years |
$2,500 - $25,000 |
| 2,000 to 10,000 lbs |
felony |
5 years MMS*** up to 15 years |
$5,000 - $50,000 |
| More than 10,000 lbs |
felony |
10 years MMS*** up to 15 years |
$20,000 - $200,000 |
| Within 1,000 feet of school |
felony |
additional 2 years MMS*** up to 15 years |
$1,000 - $10,000 |
| ***Mandatory minimum sentence. |
| Miscellaneous (paraphernalia,
license suspensions, drug tax stamps, etc...) |
| Paraphernalia, manufacture, possession or
sale |
felony |
1 - 2 years |
$500 - $5,000 |
| Paraphernalia sale to a minor |
felony |
3 - 5 years |
$1,000 -
$5,000
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| Details |
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Possession of any amount of marijuana is punishable by up
to six months in jail and a fine of up to $500. For first time
offenders, the court will sentence the offender to probation
and upon successful completion of the probation period, the
offender's record will be sealed. For subsequent offenses,
probation may still be possible.
Cultivation, delivery or sale of less than 50 pounds of
marijuana is punishable by up to two years in prison and a
fine of up to $5,000. For 50 pounds or more, the penalty
increases to a mandatory minimum of one year in prison and a
possible range of 2.5 - 15 years in prison and a fine of $500
- $10,000. For cultivation or sale of 100 pounds or more the
mandatory minimum sentence is three years and up to 15 years
in prison, along with a fine of $2,500 - $25,000. For 2,000
pounds or more, the penalties increase to a mandatory minimum
5-year sentence up to 15 years in prison and a fine of $5,000
- $50,000. For any amount of 10,000 pounds or more, the
mandatory minimum sentence is 10 years with up to 15 years in
prison possible and a fine of $20,000 - $200,000.
Sale of marijuana within 1,000 feet of a school adds
another 2-year mandatory minimum sentence for sale and can go
as high as an additional 15 years in prison and a fine of
$1,000 - $10,000.
The manufacture or sale of paraphernalia is punishable by 1
- 2 years in prison and a fine of $500 - $5,000, unless the
sale was to a minor, in which case the penalty is 3 - 5 years
in prison and a fine of $1,000 -
$5,000. |
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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.
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.
Marijuana 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.
State tax stamps
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