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[FONT=Arial, Helvetica, sans-serif] Home > State By State Laws > Massachusetts Marijuana Penalties [/FONT]
Massachusetts Marijuana Penalties
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conditional decriminalized mandatory tax stamps
Incarceration
Fine
**Probation with records sealed upon completion of probation.
***Probation possible. Sale or Cultivation Less than 50 lbs (first offense) misdemeanor 2 years*** $5,000 Less than 50 lbs (subsequent offense) misdemeanor 1 – 2.5 years $1,000 - $10,000 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/100 feet of a park felony additional 2 years MMS**** up to 15 years $1,000 - $10,000 ***Probation possible.
****Mandatory minimum sentence. Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) Paraphernalia possessing with intent to sell, selling, manufacture with intent to sell misdemeanor 1 - 2 years $500 - $5,000 Paraphernalia sale to a minor felony 3 - 5 years $1,000 - $5,000 Operating under influence (first offense) misdemeanor up to 2.5 years $500 - $5,000, plus additional fees and assessments License suspensions Automatically by Registry of Motor Vehicles 1 – 5 years for any marijuana
crime if guilty -Paraphernalia possession is not a crime, although paraphernalia remains subject to seizure and forfeiture. Details
Question 2
An Act Establishing a Sensible State Marihuana Policy passed by 65% in 2008
Possession of one ounce or less of marijuana is a civil offense, subject to a $100 fine like a traffic ticket. Offenders under 18 are required to attend a drug awareness program or pay a $1000 fine. Possession of more than one ounce 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.An Act Establishing a Sensible State Marihuana Policy passed by 65% in 2008
Cultivation, possession with intent to sell, delivery or sale of less than 50 pounds of marijuana is punishable by up to two years in jail 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 or 100 fee of a park 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 possession with intent to sell, sale or manufacture of paraphernalia is punishable by 1 - 2 years in jail 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. Government must prove defendant knew, or reasonably should know, that object held for sale, sold, or manufactured will be used to violate of Massachusetts Controlled Substances Act. The school zone/park mandatory minimum also applies.
Also see Federal Laws
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