This November in Massachusetts, Ballot Question 4, entitled “The Regulation and Taxation of Marijuana Act,” proposes the complete “legalization” of possession of certain amounts of marijuana for personal use. This stands in contrast to the current state of marijuana law in Massachusetts, which “decriminalizes” possession of certain amounts of marijuana for personal use. What’s the difference? To understand, it helps to know the current state of the law in Massachusetts.
In the past few years, Massachusetts law regulating marijuana has seen two major changes: (1) possession of less than one ounce of marijuana is no longer a criminal offense; and (2) Massachusetts now has a system in place for medical cultivation and use of marijuana. Here’s a brief guide to the basics of where things stand now.
In 2008, “An Act Establishing a Sensible State Marijuana Policy” was passed into law by way of ballot initiative and was codified as G.L. c. 94C, §§ 32L-N. Section 32L declares possession of less than one ounce of marijuana by a person eighteen years or older to be a civil infraction, not a criminal offense, and subject only to a fine of $100.00 and forfeiture of the marijuana. Section 32M requires persons under the age of eighteen to complete a drug awareness program in addition to their civil fine. Section 32N makes clear that civil citations issued for possession of marijuana are to be issued, contested, etc., in the same manner as any other civil citation.