Massachusetts Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed February 21, 2025

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The Commonwealth of Massachusetts showed more than once that it was willing to listen to the wishes of Massachusetts residents on marijuana legalization. Question 3 on the 2012 ballot paved the way for medical marijuana legalization. Massachusetts voters sounded off again in 2016 by approving Question 4. The "Yes on 4" campaign began the process for recreational marijuana to become legal under Massachusetts law.

Medical cannabis and adult-use marijuana are legal in Massachusetts, and having certain amounts has been decriminalized. There are still penalties in place to punish those who violate state marijuana laws. Having exact knowledge of what's legal and what's not can make the difference between enjoying cannabis or having to deal with police and the Massachusetts legal system.

In this article, we'll examine the pertinent cannabis laws and what you need to be careful about when it comes to smoking marijuana and marijuana possession. We'll discuss purchase and possession limits, along with permitted cultivation. We'll also touch on recent changes in Massachusetts policy.

How Massachusetts Cannabis Laws Will Affect You

The Cannabis Control Commission (CCC) implements and administers the marijuana laws of Massachusetts. It oversees the Medical Use of Marijuana Program and the adult-use recreational cannabis industry. The CCC strives to keep Massachusetts residents updated on the current cannabis laws.

Massachusetts doesn't allow public consumption of marijuana or smoking marijuana in designated no-smoking areas. Violators are subject to a fine of up to $100 for public use. Some cities may set locations or businesses as legal marijuana use zones.

Any cannabis in a motor vehicle must be out of sight and secured, such as in a locked glove compartment. Driving under the influence of marijuana carries the same legal ramifications as an alcohol-related DUI. As there is no reliable chemical test yet, it's up to the police to determine if you were impaired while driving. You also can't have marijuana in an open container in a motor vehicle. Those convicted may have to complete a drug awareness program.

Keep in mind that federal law supersedes Massachusetts marijuana law. This means that any marijuana violations committed on federal lands, such as national parks or federal courthouses, are subject to the Controlled Substances Act (CSA). While it appears that the federal government may reclassify marijuana in the future, as of January 2025 it is still a Schedule I drug under federal law.

Now that you've got a firm grasp of the regulations let's examine the two different types of cannabis available: adult recreational use and medical use marijuana.

Massachusetts Adult-Use Recreational Cannabis Laws

To buy recreational marijuana in Massachusetts, you must show a valid government-issued photo ID at a dispensary. This applies to those who come from out of state as well, although they must enjoy their purchase in Massachusetts or risk violating federal law by crossing state lines.

Buyers must make all adult-use purchases at dispensaries in cash. The amount a recreational user can buy matches the limit they are allowed to have on their person. These limits are one of the following or an equal-limit combination:

  • 1 ounce of marijuana flower
  • 5 grams of marijuana concentrate
  • 500 mg of marijuana products, including edibles, that have THC (tetrahydrocannabinol) and do not exceed 5 mg per serving and 100 mg per package

While recreational users may only have a maximum of 1 ounce on their person at a time, they can have up to 10 ounces of marijuana products at their home. They can also cultivate up to six marijuana plants at home. Cannabis plants must be in a locked enclosure that cannot be seen from public places.

Recreational marijuana purchases are subject to several taxes. A 10.75% excise tax and the 6.25% state sales tax apply to every sale. Municipalities may also add a local tax of up to 3%. For example, Boston charges an extra 3% on purchases.

Medical Marijuana Laws in Massachusetts

Qualifying patients must apply to get approved for the Medical Use of Marijuana Program to get a medical marijuana card. First, they must get a written recommendation for medical marijuana from a certified registered physician. Minors must get two recommendations from different doctors, at least one of them a pediatrician.

To get a recommendation, you must suffer from a qualifying condition. These ailments include:

  • Multiple sclerosis (MS)
  • Amyotrophic lateral sclerosis (ALS)
  • Glaucoma
  • Cancer
  • Crohn's disease
  • HIV/AIDS
  • Hepatitis C
  • Parkinson's disease

Other conditions may qualify as well. Consult your physician or contact the CCC for clarification.

Once you have the recommendation, you can register on the CCC website. You need a doctor's recommendation to renew your medical card every year. If you have a registered physician, you can do this via telemedicine. There is no longer a renewal fee. You'll also be able to access the Medical Use of Marijuana Online System, which allows you to keep track of your purchases.

With your medical card and a government-issued photo ID, you can make purchases from Medical Use of Marijuana Treatment Centers and other marijuana dispensaries. Your possession and personal limit is 10 ounces, which is a 60-day supply. Unlike recreational purchases, all medical marijuana sales get logged and submitted to the state.

Also, unlike recreational marijuana sales, you will not pay taxes on your medical marijuana purchases. You can cultivate 12 mature cannabis plants instead of six and have up to 12 immature plants. From this, you can process a 60-day supply for personal use. You may not sell any excess marijuana.

Expungement and Massachusetts Marijuana Laws

When states legalize marijuana, it means that people have past convictions for laws that no longer exist. Massachusetts addressed this issue when, on March 13, 2024, Gov. Maura Healey issued a pardon for certain misdemeanor marijuana offenses. The Governor's Council approved the pardon on April 3, 2024. Those who qualified had their convictions expunged, or erased, from their record.

Massachusetts Marijuana Laws Penalties

A basic outline of Massachusetts' marijuana laws is in the table below. See Medical Marijuana Laws by State and the links following this article to learn more.

Relevant Massachusetts marijuana laws

Massachusetts General Laws

Part I — Administration of the Government, Title XV — Regulation of Trade

Chapter 94C — Controlled Substances Act

  • 94C - Section 31 — Classes of controlled substances
  • 94C - Section 32C — Class D Controlled Substances; Unlawful manufacture, distribution, dispensing, cultivation, or possession with intent to manufacture, etc.
  • 94C - Section 32E — Trafficking in marijuana, cocaine, etc.
  • 94C - Section 32L — Possession of 2 ounces or less of marijuana
  • 94C - Section 34 — Unlawful possession of particular controlled substances
Chapter 94G — Regulation of the Use and Distribution of Marijuana Not Medically Prescribed Chapter 94I - Medical Use of Marijuana

Department of Public Health Regulation
Is marijuana legal in Massachusetts? Yes. Medical marijuana and adult-use recreational marijuana are both legal in Massachusetts. But, there are limits in the amount of marijuana a person can have on their person or at their home. Also, public use of marijuana remains prohibited.
Possession limits and penalties

Legal Possession:

  • On the person: 1 ounce or less
  • At home: 10 ounces or less

Illegal Possession:

  • For those 18-21, possession of 2 ounces or less subjects you to a civil penalty of up to $100 and forfeiture of the marijuana. For those under 18, possession of 2 ounces or less subjects you to a civil penalty of up to $100, forfeiture of the marijuana, and a possible drug awareness program and community service.
  • For anyone over 21, possession of over 1 ounce is a misdemeanor and subjects you to up to six months in jail and a fine of up to $500. For a first-time drug offender, there is a presumption of probation. Upon successful completion of probation, the record can get dismissed and sealed.
  • Subsequent offenses involving more than 1 ounce of marijuana may subject you to up to 24 months of incarceration and a fine of up to $2,000.
  • Offenses in or near a park or school premises may carry greater penalties.
Home cultivation limits and penalties

Each adult 21 years of age or older may grow up to 6 plants, with a maximum of 12 plants per household.

  • Plants visible from a public place are a civil offense with a fine of up to $300
  • Cultivation of seven to 12 plants by a recreational use adult is a civil offense with a fine of up to $100 and forfeiture of the unauthorized marijuana.
Unlicensed distribution or sales penalties

The sale of marijuana and marijuana products outside of a licensed dispensary is illegal in Massachusetts.

  • Less than 50 pounds — first offense: Up to two years incarceration and up to a $5,000 fine
  • Less than 50 pounds — second or later offenses: Up to two and one-half years incarceration and up to a $10,000 fine
  • 50 pounds or more, but less than 100 pounds: Between one to 15 years in incarceration and up to a $10,000 fine
  • 100 pounds or more, but less than 2,000 pounds: Between two and 15 years in prison and up to a $25,000 fine
  • 2,000 pounds or more, but less than 10,000 pounds: Between three and one-half and 15 years in prison and up to a $50,000 fine
  • 10,000 pounds or more: Between 8 and 15 years in prison and up to a $200,000 fine

Vehicles, money, and marijuana are subject to forfeiture after a conviction.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any Massachusetts state laws you are reviewing.

Massachusetts Marijuana Laws: Related Resources

Questions About Massachusetts Marijuana Laws? Contact an Attorney

Marijuana use is legal in Massachusetts. But that doesn't mean you won't face prosecution if you violate the amount of marijuana permitted by the state's cannabis laws. If you are facing drug charges, reach out to an experienced Massachusetts criminal defense attorney for legal advice.

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