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Marijuana is still an illegal drug and a controlled substance in Massachusetts.
On November 4th, 2008 Massachusetts residents voted in question #2 which made possessing less then an ounce of Marijuana a civil violation which carries a $100 fine. The new law went into effect January 2nd 2009. This new law amended chapter 94C of the General Laws by adding three new sections, 32L through 32N, and changed the language of section 34 to conform with the new law.
The new Section 32L changes the possession of an ounce or less of marijuana or THC from a criminal offense to a civil offense, making it punishable by civil penalties and forfeiture of the contraband. For an adult, 18 an older, the offense is punishable by a $100 civil penalty and forfeiture of the contraband.
Juveniles possessing Marijuana An offender under the age of 18 is subject to the $100 civil penalty and forfeiture of the contraband, and is also required to complete a drug awareness program within one year of the offense. If the offender fails to complete the program within one year of the offense, the District Court or BMC may increase the civil penalty to as much as $1,000, for which the offender and his/her parents are jointly liable. Under Question 2, the offender or his/her parent or legal guardian is responsible for demonstrating to the court that the offender has completed a drug awareness program and community service, by filing a certificate of completion of the program with the court. If a certificate is not timely filed, the court is to notify the offender and the parent or guardian of a hearing to show cause why the civil penalty should not be increased to $1,000. Lack of ability to pay, and unavailability of a program, are recognized defenses. In addition to issuing a citation to the offender under the age of 18, the citing officer must send a second copy of the notice to the parent or legal guardian at their last known address. Because section 21D permits the issuance of citations within 15 days of the offense, it is recommended that enforcing officers or their departments mail a second notice of the violation to the offender’s parent or legal guardian from the police station, as soon as possible after issuing the citation to the offender in person. The notice should include information about the offender’s additional obligations concerning the drug awareness program. Q&A Does possession of an ounce or less of marijuana become legal on January 2, 2009, the effective date of this law? No. Question 2 amends chapter 94C of the General Laws by adding three new sections, 32L through 32N, and amending language of section 34 of chapter 94C to conform to the new law.
Does Question 2 change the laws with regard to distribution of marijuana or possession with intent to distribute marijuana? No, the law is unchanged in that respect. The new law specifically leaves intact all laws concerning distributing, selling, manufacturing, or trafficking marijuana, possessing more than an ounce of marijuana, and unlawful possession of prescription forms of marijuana such as Marinol
Can a driver suspected of being under the influence of marijuana or THC be charged with operating under the influence pursuant to G.L. c. 90, § 24? Yes. Nothing has changed relative to operating under the influence laws. Question 2 did not repeal or modify existing laws, ordinances, or by-laws concerning the operation of motor vehicles while under the influence.
Does a civil citation for possession of marijuana issued under Section 32L disqualify an applicant for a firearms license? No. After January 2, 2009, possession of an ounce or less of marijuana will be a civil infraction under G.L. c. 94C, § 32L. This infraction will not show up on a CORI report. The text of the new Section 32L clearly states that these infractions should not serve as a disqualifier for any government program or privilege: “[N]either the Commonwealth nor any of its political subdivisions or their respective agencies, authorities or instrumentalities may impose any form of penalty, sanction, or disqualification on an offender for possessing an ounce or less of marihuana.”
For firearms license applications filed after the effective date of the Question 2, does a prior conviction for possession of marijuana still serve as a disqualifier? Yes. Question 2 does not turn past convictions for possession of marijuana into civil offenses. It simply decriminalizes the possession of an ounce or less of marijuana or THC after January 2, 2009. Until January 2, 2009, a conviction for possession of marijuana in any amount would come under G.L. c. 94C, § 34, and appear as “possession Class D” on the CORI report. A section 34 conviction may encompass controlled substances other than marijuana, and may involve quantities more or less than an ounce, none of which appears on the CORI report or on the court’s docket entries. How does the section 21D citation process works? A law enforcement officer with civil enforcement powers may issue a citation to the violator at the time and place of the violation or the officer may within 15 days mail or deliver the citation to the offender’s last known address. The citation form gives the offender the choice to pay the $100 penalty or request a hearing within 21 days. Payments are made to the town clerk’s office, but hearing requests go to the local District Court which will set a date for the offender to appear. |
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The Douglas Police Department wants to remind all citizens that marijuana is still a controlled substance in Massachusetts. Possessing less than an ounce of Marijuana is a civil violation with a $100 fine. The Douglas Police Department will still enforce all drug laws and will work to keep our community, schools, and roads drug free. We will be working to get a new by-law passed at the May 2009 town meeting that will prohibit the smoking of marijuana in public. Please support us to keep drugs away from our children and off our streets. |
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Douglas Police Department |
