What changes as to marijuana possession?

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The compromise bill makes no changes to M.G.L. c. 94G, s.7, approved by the voters in November 2016, which gives Massachusetts citizens over 21 the freedoms to:

  • Possess 1 ounce outside their primary residence (not more than 5 grams of marijuana concentrate)
  • Possess 10 ounces in their primary residence plus any marijuana home grown
  • Gift up to 1 ounce another person
  • Use marijuana without fear that possession or use alone would be used to take away parenting rights or deny medical care.

If marijuana is legalized federally, all these limits are removed.

Under M.G.L. c. 94C, s. 32L, approved by the voters in November 2008, possession of under 1 ounce by a person 18 years or older was already a civil offense, not punishable by any criminal sanction.  The ballot question raised that non-criminal threshold to two ounces for people over 21. The compromise bill raises that non-criminal threshold to two ounces for people under 21.

Additionally, the compromise bill makes home cultivation a civil offense for persons under 21 — it remained a criminal offense under the ballot question.

So, for a person over 21 inside their primary residence, the rules are as above.

For a person over 21 outside their primary residence, the rules are:

  • Under 1 ounce is lawful (as a result of the recent ballot question).
  • 1 to 2 ounces is a civil violation (as a result of the recent ballot question).
  • Over 2 ounces is still a crime under G.L. c. 94C, s.34.

For people under 18 to 21, regardless of  location, the rules are:

  • Under 2 ounces is a civil offense (would be 1 ounce without the new language in the compromise bill).
  • Over 2 ounces is still a crime under G.L. c. 94C, s.34 — exception: up to 12 plants home cultivated is a civil violation.

For people under 18, regardless of location, the rules are: