Submitted by Dingle91 on Fri, 06/19/2009 - 08:28
Can you explain the new MA marihuana law and tell me what happens to someone who is caught with less than one once by the police? I especially want to know if there is still a fine involved or does the new law just make it legal (I was issued a citation with a fine).
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Editor's Response
The new law (Establishing A Sensible State Marijuana Policy, St. 2008, Chapter 387) went into effect on January 2, 2009 and, along with Massachusetts General Laws Chapter 94C, Sections 31, 32L-32N, and 34, creates the following new approach to dealing with possession of one ounce or less of marijuana:
1. Possession of one ounce or less of marijuana is decriminalized, but not legalized, meaning it is no longer a criminal offense, but violators will still be subject to a $100 civil fine. After receiving a citation, Violators must either pay the fine within 21 days to their city or town clerk or requests a civil hearing in front of a magistrate judge. The marijuana will be confiscated.
2. Violators of Chapter 387 are not required to report to a probation officer, no mention of the incident is entered in the person's probation or criminal record, and no other 'collateral consequences' are permitted. The example given in Chapter 94C is that the Commonwealth may not deny the offender 'student financial aid' as a result of his or her violation.
3. A copy of the citation will be sent to the violator's custodial parent or guardian, and violators under the age of 18 must attend a drug awareness program.
For more information or to post a question, visit our MA Criminal Law Discussion Forum. Good luck, and please tell your friends about The Forum.