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120-60-02


Marijuana Laws in Massachusets
POSSESSION
Any amount (first offense) misdemeanor 6 months* $500
Any amount (subsequent offense) misdemeanor 6 months** $500
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, manufacture, possession or sale felony 1 - 2 years $500 - $5,000
Paraphernalia sale to a minor felony 3 - 5 years $1,000 - $5,000
DETAILS

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.

Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .




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