Currently, a conviction for possession of marihuana carries penalties of
possible incarceration in jail, probation and, or a fine. In addition, the law requires
the Registry of Motor Vehicles to suspend the "privilege" of driving of those
convicted. Federal law denies guaranteed student loans to those convicted, and the law
denies to those convicted the right to possess and carry firearms.
For the most part, first offenses with no mitigating circumstances are continued
without a finding, and charges are dropped after one year. Defendants are still put
through the system, and must pay thousands for private legal services. They must submit to
urine testing, and lose their drivers licenses. Prosecution itself is used as a form of
punishment.
Many factors contribute to a defendant’s sentence. Factors include level of
involvement in the prohibited conduct, location, age, presence or absence of minors, use
of communications devices like telephones, conduct for which a person has been acquitted,
and many other things.
Unless otherwise specified, assume the following listed penalties apply only to first
convictions. Prior convictions often place a defendant in a higher penalty range. Except
where indicated otherwise, a listed fine is the maximum fine for the conviction, and the
minimum fine is zero.
"Possession" usually means "possessing marijuana only for personal
use." If the Commonwealth accuses one of possessing marijuana for other reasons, the
accompanying penalties will probably exceed those for possessing marijuana for personal
use.
Possession of as few as two joints of marijuana frequently results in charges of
"possession with intent to distribute," and "sales."
Possession of very large amounts of marijuana (50 lbs. or more) results in a charge of
"trafficking," which carries a mandatory minimum sentence.
Possession of any amount: 1st offense: Probation. Subsequent offense: 0 - 6 months;
$500. Probation possible.
More detail can be found on the Massachusetts page of
NORML's useful breakdown of state laws and penalties.
NOTE:
The Massachusetts legislature passed two pieces of legislation during the 1990s
recognizing the therapeutic value of marijuana, and permitting its use for medicine in
limited situations.
However, this legislation also established the federal government as the designated
agency for the distribution of marijuana to the state health care system. Since then the
Federal government has refused to play this role, with the result that caretakers
recommending marijuana and patients possessing it remain vulnerable to arrest.
