MASSACHUSETTS LEGISLATURE POSTPONES SOME ASPECTS OF MARIJUANA LEGALIZATION

On November 8, voters in Massachusetts approved Question 4 legalizing recreational marijuana use and regulating it similarly to alcoholic beverages. Implementation of the new scheme is happening in two phases.

Beginning December 15, 2016, it became legal for an adult (defined as 21 or older) to possess up to 10 ounces of marijuana in one’s primary residence or up to 1 ounce outside the home (but not to consume it in public). An adult may also grow up to 6 plants for personal use and up to 12 total plants per household if more than one adult resides there. Adults may also purchase and possess “equipment, products, and devices of any kind that are intended or designed for use in growing, storing, processing, ingesting, and inhaling marijuana.” It also became legal for an adult to give another adult up to one ounce of marijuana, but not in exchange for money.

Buying and selling marijuana, only allowed with a retail license, had originally been scheduled to become legal in January 2018. Yesterday, however, the legislature, represented by about seven state legislators in an informal session, postponed implementation of that aspect of the legalization process until the summer of 2018 at the earliest.

The postponement of that aspect of the legalization process prolongs what some are calling a legal gray zone – where it is legal to possess but not purchase or sell marijuana.

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Joseph Waldbaum

Joseph Waldbaum has been licensed as an attorney in Massachusetts for the last nineteen years. He has also been a member of the National College of DUI Defense for fifteen years, routinely attending their national seminars. You may learn more about Mr. Waldbaum through his websites at ma-oui.com, waldbaumlaw.com or ouilawyermassachusetts.com. You may also reach him by phone at 978.921.4100 or at joseph@waldbaumlaw.com.

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