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Massachusetts Marijuana Laws
Massachusetts Marijuana Laws
|
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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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. |
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.
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