Seeking to provide guidance to law enforcement officials, Gov. Charlie Baker’s public safety chief, Dan Bennett, sent a memo to Massachusetts police chiefs ahead of marijuana legalization going into effect on Thursday, Dec. 15.
Bennett wrote that the new law, passed by voters in November, will create a "complex web of different rules" for sellers, juveniles, young adults, people over the age of 21 and those who choose to give up to an ounce of marijuana away as a gift.
Under the new law, an adult over the age of 21 can possess up to one ounce of marijuana outside their home and up to 5 grams of marijuana concentrate, like cannabis oil.
If you possess more than two ounces of marijuana outside your primary residence, you are breaking the new state law. Public consumption of marijuana is still banned, unless it’s medical marijuana.
Here are some highlights from the memo.
Operating under the influence is still illegal
You still cannot operate a motor vehicle under the influence of marijuana.
"Though the new law makes the consumption of marijuana broadly legal for individuals over 21, evidence of recent marijuana consumptions will remain admissible in [operating under the influence] prosecutions, much as evidence that a defendant was seen drinking alcohol in a bar shortly before his motor vehile stop is admissible in an OUI-Liquor prosecution," the memo said.
Police can take evidence, like a partially burned "roach in the car’s ashtray, "just as they may appropriately seize an empty beer can on the floorboards" of a car as evidence of drinking alcohol.
More than one ounce of marijuana inside a home must be kept under locked up
Under the new law, people over the age of 21 can possess up to 10 ounces of marijuana inside their primary residence.
"The new law requires that any quantity of marijuana exceeding one ounce be kept under lock and key," Bennett wrote.
But violating the requirement will lead to a $100 civil fine, forfeiture of the marijuana and does not lead to criminal prosecution.
So where can I grow it?
"The new law requires that home-grow cultivation be conducted in a manner that is not visible from a public place without the use of aircraft, binoculars, or other optical aids, and that marijuana plants be secured under lock and key or other appropriate security device," according to the memo.
If you violate these requirements, you will get hit with a $300 civil fine and forfeiture of the marijuana.
You can’t cultivate marijuana in someplace other than your primary residence
Unless you have a license from the Cannabis Control Commission – which likely won’t be up and running until sometime next year – you can only use your primary residence for marijuana cultivation.
"Accordingly, a person who grows marijuana, even a small quantity, in a rented storage area, at his workplace, or at any location other than his or her primary residence is subject to criminal prosecution," the memo said.
‘Gifting’ up to an ounce
A person can gift up to an ounce of marijuana to another person, under the new law. Selling remains illegal until retail pot shops open up, potentially in 2018.
"Attempts to evade this…with delayed or disguised payments, contemporaneous reciprocal ‘gifts’ of money or items of value, or other sham transactions, will remain a criminal act," the memo said.
If you give or sell any amount to a person under 21, that is still a criminal offense.
If you attempt to buy or obtain any marijuana for someone under the age of 21, you are subject to a $100 civil fine.
No longer illegal to sell bongs to people over 21
The new law knocks down the prohibition on selling marijuana-related paraphernalia — such as bongs, pipes, or hydroponic equipment for growing marijuana – to someone over the age of 21.
Selling or "possession with intent to sell" paraphernalia to someone over the age of 18 but under 21 is still a misdemeanor. Selling to someone under the age of 18 is still a felony.
A person under the age of 21 who seeks to buy paraphernalia may get hit with a $100 civil fine and a requirement to complete a drug awareness program.
"Mere possession of drug paraphernalia remains non-criminal in Massachusetts, though it may be compelling circumstantial evidence either of intent to consume marijuana, or of intent to cultivate or distribute, depending on the nature of the paraphernalia," the memo said.
Effect of past criminal convictions for marijuana possession on firearms license application
"[Past] criminal convictions involving the possession of one ounce or less of marijuana should no longer be viewed as disqualification in a firearms license application," according to the memo.
A licensing authority is still required to assess the "current suitability" of someone applying for a license to carry or a firearms ID card.
"In making this evaluation, a licensing authority can and should consider any evidence of an applicant’s habitual, excessive consumption of intoxicating substances, which may make an applicant unsuitable in some cases even when the use of those substances (like alcohol and marijuana) has been broadly legalized under state law," the memo said.
Police can still take you into protective custody
If police officers feel you are incapacitated by any drug, regardless of your age or the legality of the drug, they can still take you into protective custody under a law signed by Gov. Baker in July.
"Protective custody is not an arrest for a criminal act, but an emergency caretaking power designed to protect the immediate safety of the incapacitated party and the public," the memo said.
Restrictions remain in place for school and government buildings
The new law’s possession provision (one ounce or less outside a primary residence) doesn’t mean you can possess any marijuana inside or on the grounds of a public or private preschool, or K-12 school. You also cannot possess it on the grounds of or within a correctional facility.
What about federal law?
Marijuana is still illegal under federal law. In a 2013 memo, the Department of Justice said marijuana distribution through a strong state regulatory system is a "relatively lower priority " for federal law enforcement officials.
"At this time, it is not yet clear whether the incoming administration will maintain that position, or whether the federal enforcement agencies will take a more aggressive stance toward state legalization initiatives," the Bennett memo to police said.
News Moderator: Katelyn Baker
Full Article: What You Need To Know About Legal Marijuana, From Mass. Gov. Charlie Baker’s Public Safety Chief’s Memo To Police
Author: Gintautas Dumcius
Contact: 413-731-1036
Photo Credit: Brennan Linsley
Website: MassLive
