Massachusetts Laws

Approved Conditions

  • AIDS
  • Cancer
  • HIV or AIDS
  • Hepatitis C
  • Glaucoma
  • Amyotrophic lateral sclerosis (ALS)
  • Multiple sclerosis
  • Parkinson’s disease
  • Crohn’s disease

Possession by Qualified Patients

  • No penalty for private possession and consumption of 1 oz. or less (but a maximum fine of $100 for public consumption of less than 1 oz.)
  • Possession of 1 oz. to 40g: misdemeanor (up to 90 days of incarceration)
  • Possession of more than 40g: felony (up to 5 years of incarceration)

Possession by Qualified Patients

  • May possess “no more marijuana than is necessary for the patient’s personal, medical use, not exceeding the amount necessary for a 60-day supply…”

Requirements to Obtain a Medical Marijuana Card

  • Must be at least 18 years old
  • Must be a resident with proof of residency
  • Must be a qualified patient that has been diagnosed by a doctor as having a debilitating medical condition (approved conditions)
  • Must have medical records showing proof of that condition

Distribution or Cultivation

  • Less than 50 lbs (1st offense): 0-2 years imprisonment and/or $5,000 fine
  • Less than 50 lbs (subsequent offense): 1-2.5 years imprisonment and/or $10,000 fine
  • 50 – less than 100 lbs: felony (mandatory minimum 1-15 years imprisonment and/or $10,000 fine)
  • 100 – less than 2000 lbs: felony (mandatory minimum 2-15 years imprisonment and/or $25,000 fine)
  • 2000 – less than 10,000 lbs: felony (mandatory minimum 3.5-15 years imprisonment and/or $50,000 fine)
  • 10,000 lbs or more: felony (mandatory minimum 8-15 years imprisonment and/or $200,000 fine)
  • Within 300 ft. of a school, or within 100 ft. of a public park: felony (mandatory minimum 2-15 years imprisonment and/or $10,000 fine)
  • Causing or inducing someone under 18 years old to commit offenses: felony (mandatory minimum 5-15 years and/or $100,000 fine)

Driving Under the Influence of Marijuana

  • Illegal to drive while under the influence of marijuana
  • Any amount of marijuana found in the driver’s blood or urine will establish that the driver was under the influence
  • Penalties
Number of Convictions Fines Jail Time License Suspension Other Requirements / Penalties Additional penalties that may apply
First Conviction a fine between $500 and $1,000 up to 30 months of house arrest up to one year n/a A judge may alternately order participation in a drug and alcohol education or treatment program and between 45 and 90 days of license suspension
Second Convictions a fine of between $600 and $10,000 mandatory minimum of 30 days in jail (and up to 30 months in prison) up to two years n/a A judge may alternately order participation in a drug and alcohol education or treatment program, probation, and up to 2 years license suspension
Third convictions a fine between $1,000 and $15,000 mandatory minimum 150 days in jail (and up to 5 years in prison) up to 8 years n/a n/a
Fourth Conviction a fine between $1,500 and $25,000 mandatory minimum one year (and up to 5 years) in prison 10 years n/a n/a
Fifth and subsequent convictions a fine between $2,000 and $50,000 mandatory minimum 24 months (and up to 5 years) in prison license suspension for life n/a n/a