As of Dec. 15, 2016, recreational marijuana is legal in Massachusetts. 1.8 million voters legalized marijuana for recreational use on Nov. 8, 2016, after decriminalizing small amounts in 2008 and legalizing it for medical use in 2012. What does this mean for Massachusetts and what can you do and what can’t you do? These are the current does and don’ts…stay connected to Schulze Law for more updates as they unfold!
Firstly, the law allows adults over the age of 21 to possess limited quantities of marijuana for recreational purposes and grow pot plants in their homes.
But, there’s a catch. The state now exists in a legal gray zone. This means marijuana is legal to possess but illegal to sell, except to registered medical marijuana patients. This dynamic will be in effect until July 1, 2018 when the licensing of cannabis shops goes into action. It is a delayed pushback from the original January 1, 2018 plan. It is illegal to sell without a retail license and retail licenses aren’t going to be available for a while.
Although it’s legal, it might not be easily accessible. “For the average citizen…this is going to mean they have to wait a while until they can go into a store or facility and purchase marijuana over the counter,” said Martin W. Healy, chief legal counsel for the Massachusetts Bar Association.
Some legal analysts say the new law could initially cause some questions and possibly confusion for marijuana users and law enforcement. At Schulze Law we stay on top of the laws to assist you with understanding your rights.
Other states have already gone through a similar transition period and have helped paved the way for states that are now adopting similar laws. For example, according to The Drug Policy Alliance, since the first retail marijuana stores opened on January 1st, 2014, the state of Colorado has benefited from a decrease in crime rates, a decrease in traffic fatalities, an increase in tax revenue and economic output from retail marijuana sales, and an increase in jobs.
Here is a current list of things you can and can’t do with marijuana:
What is legal?
- Adults 21 or over can possess up to 1 ounce of marijuana outside of the home.
- Inside the home, adults 21 or over may possess up to 10 ounces of pot. An individual may cultivate up to 6 marijuana plants for personal use. Up to 12 plants per household are allowed if more than one adult lives on the premises.
- One adult can give away up to an ounce of pot to another adult, but not for money.
What isn’t legal?
- Recreational marijuana can’t be sold in any form in Massachusetts without a retail license. A Cannabis Control Commission will be responsible for issuing retail licenses.
- Marijuana can’t be possessed, purchased, grown or used by anyone under age 21 (unless they have a valid medical marijuana permit). Marijuana can’t be given to someone under 21.
- Using pot is illegal in any public place.
- Possession of any amount of marijuana is illegal on school grounds.
- Laws against operating cars and other vehicles under the influence of marijuana are unchanged.
- Open containers or partially consumed packages of marijuana cannot be kept in a motor vehicle, except in the trunk or a locked glove compartment.
- Pot growing at home must be done discreetly and securely.
- Tenants can’t grow pot in their residences or smoke it if their landlord has a rule against it.
- Since marijuana is still barred under federal law, it can’t be brought across state lines, sent by United States mail or used on federal property.
Although the laws haven’t been in place for very long, the transition process hasn’t been without its bumps in the road. On December 28th, The House and Senate pushed through a six-month delay in the retail sale of marijuana for recreational use, saying they needed more time to make adjustments. The opening date for recreational marijuana stores in Massachusetts is delayed by half a year, from January to July 2018. This came as a shock to many, including marijuana activists. It took less than an hour, and only about a half-dozen state legislators, to approve a bill that would overturn significant parts of a marijuana legalization law. There were no public hearings and no formal public notice. The legislative action was sent for approval to Governor Charlie Baker, who called a six-month delay “perfectly appropriate.” The new law does not have any impact on personal possession and home-growing of marijuana products.
With the legalization, rules and enforcement around driving under the influence of marijuana have been hazy. Under the new law, current penalties for consuming marijuana while driving a car, boat, bus or train or for operating under the influence are not affected. Police say these laws are difficult to enforce because there is no equivalent of a breathalyzer test for marijuana at the present time.
In a 2012 study published in the journal Psychopharmacology, only 30 percent of people under the influence of THC (the active ingredient in marijuana) failed the field test for alcohol. Furthermore, the test’s ability to identify a high driver seems to depend heavily on whether the driver is accustomed to being stoned.
Field sobriety tests have been studied extensively as they relate to alcohol. These tests are accepted as being reliable evidence when prosecuting drunk driving. However, the field sobriety tests have never been studied regarding spotting a stoned driver.
Here’s an interesting case that could be influential in the future of field sobriety tests and marijuana. On January 6, 2017, the Massachusetts Supreme Judicial Court heard arguments in the case of Commonwealth v. Thomas Gerhardt. This case brings to light whether field sobriety tests can be used in addition to alcohol, to determine if someone is driving under the influence of marijuana.
The case began just after midnight in February 2013. A state trooper in Millbury noticed a car with no rear lights. The trooper pulled over the operator, Thomas Gerhardt, approached the car, and smelled marijuana.
Gerhardt failed two of the standard field sobriety tests. He was charged with one count of operating under the influence and also charged with a lights violation and a number plate violation.
The question is whether or not, based on those tests, was Gerhardt too impaired to drive? It’s the first marijuana OUI case to reach the highest court since weed became legal for recreational use in Massachusetts. Sobriety tests are “irrelevant to whether a driver has used marijuana or whether a driver is impaired by the use of marijuana and should not be admissible in court,” Rebecca Jacobstein, a public defender working for Gerhardt, wrote in one of the court filings. She is arguing other tests should be created.
A trial judge agreed, ruling the tests aren’t a reliable indicator of marijuana impairment. Conversely, Worcester County District Attorney is asking the state’s highest court to reverse that decision. The SJC decision will help to clear the smoke and specify how exactly a marijuana case can be proven in court.
Keep in mind, a police officer who sees a driver or passenger smoking marijuana in a motor vehicle can stop the vehicle and potentially issue a citation. We encourage you to stay safe and to not operate under the influence.
Being charged with OUI is frightening and overwhelming. But, a DUI/DWI does not have to destroy your life. Contact Schulze Law today to ensure that you have a tenacious DUI/DWI criminal defense attorney working for you.
At Schulze Law, we are ever learning and staying abreast of the very latest in the field so that we can best protect and fight for our clients’ rights. Keep following for updates in marijuana legalization or contact us with any questions.
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Sources: http://norml.org/laws/item/massachusetts-penalties-2
http://www.mass.gov/ago/docs/government/2015-petitions/15-27.pdf
