One year after Massachusetts voters passed a ballot question legalizing marijuana, legal pot sales remain several months away.
State regulators are working to lay the groundwork for a new retail pot industry, and lawmakers in July passed a new law that tweaks the measure voters approved last year.
Here are five things to know about the legal status of marijuana, one year after the 2016 vote.
Possession of limited quantities of marijuana has been legal in Massachusetts since last December, but it remains against the law for anyone without a retail license to sell pot for recreational use. Since the Cannabis Control Commission is still setting regulations, retail sales aren’t expected to begin until July 2018.
It’s legal under state law to give up to an ounce of marijuana as a gift, as long as no compensation is received.
When retail sales begin, pot will be subject to up to 20 percent in combined state and local taxes. In cities and towns where the majority of voters opposed the 2016 ballot question to legalize marijuana, the municipal council or board of selectmen can ban retail sales. In communities where the majority of voters favored legalization in 2016, a popular referendum is required to ban or limit retail pot sales.
Limits on pot possession
Adults 21 and older can legally possess up to 1 ounce of marijuana on their person, but no more than 5 grams of a marijuana concentrate. You can have up to 10 ounces of pot in your primary home, but it has to be locked in a secure location. Five quarters collectively weigh approximately 1 ounce, and a nickel weighs 5 grams.
Where can adults smoke?
The public consumption of pot is illegal, period. State law also prohibits people from using the drug in places that have banned tobacco use. Employers are allowed to ban marijuana use at the workplace.
You can legally smoke pot on your own property, but it can get complicated if you rent. Landlords are allowed, through lease agreements, to explicitly prohibit smoking and growing marijuana on their property. The state law, however, does not allow landlords to bar tenants from consuming smoke-free marijuana products, such as edibles, on the property, unless failing to ban such consumption would cause the landlord to violate federal law.
Homegrown pot
State law allows adults to grow their own marijuana at home. There’s a limit of six plants per adult over 21, or 12 per household. The plants must be grown in an area that is equipped with a lock or security device. They cannot be visible from a public place with an unaided eye or without the use of an aircraft.
People processing their homegrown pot at home to make an extract cannot legally use a liquid or gas, other than alcohol, that has a flashpoint below 100 degrees.
Driving with pot
Smoking pot while driving, or operating a vehicle while under the influence of marijuana products, including edibles, remains illegal. It is also against the law to have an open container or unsealed package of marijuana or marijuana products in a car, unless it’s in the trunk.
credit:metrowestdailynews.com
