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Many view personal drug use as a "victimless crime," but the government views drug use as a direct contributor to violent crime. Both the States and Federal government are leading a well financed war on drugs that measures its success by the number of convictions made and the size of drug busts. Drug charges are pursued very seriously at both the state and federal level. Call now for a free consultation so you know where you stand.
Massachusetts Marijuana Laws
Felony-
Unlawful possession of marijuana A person who possesses more than 1.5 ounces of marijuana. Fine: Up to $5,000 Imprisonment: Up to 1 year
Unlawful sale of marijuana Any person who manufactures, sells, prescribes, administers, or transports or possesses with intent to sell, dispense, or compound less than 10 pounds of marijuana. Fine: Up to $5,000 Imprisonment: Up to 1 year
Unlawful trafficking of marijuana Any person who sells, manufactures, delivers, transports, or possesses 10 pounds to 50 pounds of marijuana. Fine: Up to $5,000 Imprisonment: 25 to 30 months
More than 50 pounds, but less than 2,000 pounds Fine: Up to $25,000 Imprisonment: 35 to 42 months
More than 2,000 pounds, but less than 10,000 pounds Fine: Up to $50,000 Imprisonment: 70 to 84 months
More than 10,000 pounds Fine: Up to $200,000 Imprisonment: 179 months to 219 months
Unlawful sale of marijuana to a minor (13-16) or a pregnant woman Any person 18 years of age or over who sells or delivers marijuana to a person under 16 years of age but more than 13 years of age or a pregnant woman. It shall not be a defense that the defendant did not know that the recipient was pregnant. Fine: More severe Imprisonment: More severe
Unlawful sale of marijuana to a minor (13 or under) Any person 18 years of age or over who sells or delivers Marijuana to a person who is 13 years of age or younger. Mistake of age is not a defense to a prosecution under this section. Fine: More severe Imprisonment: More severe
Unlawful sale of marijuana in a restricted area Any person 21 years of age or older who commits an offense on property used for a child care center, or for an elementary or secondary school or within 1,000 feet of the boundary of real property used for a child care center, or for an elementary or secondary school. Fine: More severe Imprisonment: More severe
Unlawful sale of drug paraphernalia to a minor Delivery of drug paraphernalia by a person over 18 years of age to someone under 18 years of age who is at least three years younger than the defendant Fine: Up to $1,000 Imprisonment: Up to 12 months
Level of Law: Moderate
Source: North Carolina General Statutes
90‑95, 90‑113.22, 90‑113.23, 14‑1
FBI Uniform Crimes Report
Massachusetts Marijuana Laws Compared
The graphs below represents how lenient or strict the marijuana laws are in your state compared to Maine, Hawaii, and Connecticut. This determination is based on level of enforcement, weight limits, fines and/or time imprisoned. This determination is also based on how strict penalties are for repeat offenders and proximity to certain drug restricted areas such as school zones and public parks.
Massachusetts
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Connecticut
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Hawaii
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Maine
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Misdemeanors
Unlawful possession of marijuana
Any person who possesses any amount of marijuana. For a first offense you will typically get a CWOF (continuance without a finding) 6 months probation, and then a dismissal if there are no other violations. Possession of marijuana penalties become increasingly serious for second and third offenses, which can include drug treatment programs. Fine: Up to $500 Imprisonment: Up to 6 months
Felonies
Trafficking/Sale/Cultivation of marijuana
Any person who traffics in marijuana by knowingly or intentionally manufacturing, distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute, dispense, or cultivate, or by bringing into the commonwealth.
Fine: Up to $15,000 Imprisonment: Up to 5 years
Less than 50 pounds Fine: Up to $5,000 Imprisonment: Up to 2 year
Greater than 50 pounds, but less than 100 pounds Fine: $500 to $10,000 Imprisonment: MMI 1 year 2.5 to 15 years
Greater than 100 pounds, but less than 2,000 pounds Fine: $2,500 to $25,000 Imprisonment: MMI 3 years 3 to 15 years
Greater than 2,000 pounds, but less than 10,000 pounds Fine: $5,000 to $50,000 Imprisonment: MMI 5 years 5 to 15 year
Greater than 10,000 pounds Fine: $20,000 to $200,000 Imprisonment: MMI 10 years 10 to 15 years
(MMI=Mandatory Minimum Imprisonment)
Trafficking/Sale/Cultivation of marijuana (near restricted property)
Any person who while in or on, or within one thousand feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational, or secondary school whether or not in session, or within one hundred feet of a public park or playground.
Fine: $1,000 to $10,000 Imprisonment: MMI 2 year 2.5 to 15 years
Sell/Possess/Manufacture of drug paraphernalia
No person shall sell, possess or purchase with intent to sell, or manufacture with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
Fine: $500 to $5,000 Imprisonment: 1 to 2 years
Sell/Possess/Manufacture of drug paraphernalia to minor
Any person who violates the foregoing provision by selling drug paraphernalia to a person under eighteen years of age.
Fine: $1,000 to $5,000 Imprisonment: 3 to 5 years
United States Marijuana Arrest Trends
The graphs below represent the trends in marijuana arrests from 1990 to 2005 in the United States. With the higher amount of arrests also comes tens and billions of more dollars spent on enforcement, adjudication, and imprisonment for marijuana related offenses.
