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Originally Posted On: https://zenleafdispensaries.com/blog/massachusetts-cannabis-law/

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 After Prohibition of alcohol was repealed, bureaucrats turned their attention to cannabis and spread word of its use by the black and Mexican communities at the time.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.

When Did Cannabis Become Legal in Massachusetts?

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.

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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.

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

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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.

Final Thoughts on Cannabis in 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/