What do you buy someone who has everything? Finding the perfect gift to share with a loved one can be hard. If you live in Massachusetts and you have a family member or friend who is struggling with chronic symptoms, you may be tempted to introduce them to cannabis as a wellness alternative.
It may be hard to believe, but in the early days before recreational use was legalized in some states, cultivators were skirting cannabis sales laws. For example, in Michigan, cultivators were selling t-shirts, delicious snack boxes to cure “the munchies,” and other items. When you purchased the item, you got a free cannabis product. Technically, it was legal because the cannabis was a free gift. The legal loophole allowed other people to purchase products, even if they were not medical marijuana patients.
Today, an increasing number of states that have medical cannabis programs are moving toward legalizing the recreational use of marijuana (adult use). That means the American culture of gift-giving will change among people who embrace the wellness potential of cannabis.
Have you ever given cannabis or accessories as a gift? If you have decided you are interested in gifting marijuana in Massachusetts, make sure you understand the laws to avoid any legal problems. It may be legal for you to possess marijuana, but when you provide cannabis to other people, there are many legal restrictions to be aware of.
What is Cannabis Gifting?
Cannabis gifting involves giving cannabis products as presents to friends, family, or even strangers. It can include giving actual cannabis flower, edibles, accessories, or even experiences related to cannabis. It’s a way to share the enjoyment of cannabis and connect with others in a thoughtful and generous manner.
Public Perception and Social Acceptance
Public perceptions about gifting cannabis in the United States vary widely depending on factors such as geographical location, cultural norms, and individual beliefs. Overall, attitudes toward cannabis gifting have become more accepting in recent years, particularly as legalization efforts have gained traction in various states. Many people view it as a thoughtful and unique gift option, especially among those who use cannabis recreationally or medicinally.
However, there are still segments of the population that hold negative perceptions about cannabis gifting, often due to lingering stigma or concerns about legality and safety. Some individuals may feel uncomfortable with the idea of giving or receiving cannabis as a gift, particularly in more conservative or prohibitionist-leaning regions.
Overall, while public perceptions about cannabis gifting are evolving, there remains a diverse range of opinions and attitudes across the United States. However, the growth of cannabis gift boxes and monthly product subscriptions is steady, which implies many Americans may support giving (or receiving) cannabis.
The Different Forms of Cannabis Gifting
It’s important to remember that there are laws that govern who can give and receive cannabis gifts, as well as how much can be given. So, it’s essential to know and follow the laws in your area when gifting cannabis to make sure everyone stays safe and legal.
The common forms of cannabis gifting include:
Direct Gifting
Direct gifting of cannabis simply means giving cannabis products, like marijuana flower or edibles, directly to someone as a gift. It’s like giving a friend a birthday present, but instead of a book or a sweater, it’s cannabis.
This can happen between friends or family members who are of legal age to use cannabis. The person giving the gift might buy the cannabis from a store or grow it themselves, as homegrowing cannabis is legalized in Massachusetts. Then, they can hand over cannabis buds, seedlings, or plants to the person they’re giving it to, just like any other gift.
Gift Certificates or Gift Cards
Cannabis gifting through gift certificates or gift cards is like giving someone a voucher to use at a cannabis store. Instead of picking out specific cannabis products for them, you’re giving them the freedom to choose what they want themselves. These certificates or cards can be purchased from authorized cannabis dispensaries or businesses.
Once someone receives a cannabis gift certificate or card, they can go to the store and use it to buy cannabis products of their choice, like marijuana flower, edibles, or accessories. It’s a convenient way to give someone the gift of cannabis without having to know exactly what they prefer.
Cannabis Subscription Services
Cannabis gifting through subscription services is like signing someone up for a surprise delivery of cannabis goodies. These services work by sending a selection of cannabis products directly to the recipient’s doorstep on a regular basis, like once a month.
When you gift a cannabis subscription, you’re giving someone the excitement of discovering new cannabis products without having to go to a store. Depending on the subscription service, the recipient might receive different types of cannabis products, such as edibles, oils, or even special accessories.
It’s a fun way to explore the world of cannabis and try out new things. Plus, since it’s a gift, the recipient doesn’t have to worry about the cost—everything’s already been taken care of by the giver.
Cannabis Events or Tours
Cannabis gifting through events or tours is like treating someone to a special experience centered around cannabis. These events or tours are organized by businesses or groups and offer opportunities to learn, socialize, and sometimes consume cannabis in a safe and legal environment.
When you gift a cannabis event or tour, you’re giving someone the chance to explore different aspects of cannabis culture, from educational workshops to fun social gatherings. They might attend a cannabis tasting event, join a tour of a cannabis facility, or participate in a cooking class focused on cannabis-infused cuisine.
It’s a unique way to gift someone not just a product but an entire experience they’ll remember. Plus, it’s a great way to connect with like-minded individuals and immerse oneself in the world of cannabis in a responsible and enjoyable way.
Customized Gift Baskets
Cannabis gifting through customized gift baskets is like putting together a personalized care package filled with cannabis-related treats. These gift baskets are curated with a variety of cannabis products, such as marijuana flower, edibles, accessories, and more, tailored to the recipient’s preferences and tastes.
When you gift a customized cannabis gift basket, you’re giving someone a thoughtful collection of items that they can enjoy and explore at their leisure. It’s a bit like creating a mini cannabis treasure trove packed with surprises and delights.
Recipients might find their favorite strains, tasty edibles, stylish accessories, and perhaps even some new products to try. It’s a fun and creative way to share the joy of cannabis with friends or loved ones, making them feel special and appreciated while indulging in a bit of cannabis culture.
When traveling with cannabis, it is important to make sure the goods are sealed or stored with a lock or security device. While gifting marijuana is legally permitted, registered qualifying patients and recreational users face the same penalties for traveling with open products.
Cannabis Accessories
Cannabis gifting through accessories or devices is like giving someone the tools they need to enjoy cannabis in style. These gifts can include items like dry herb vaporizers, glassware (like pipes or bongs), rolling papers, grinders, and other supplies for consuming smokable cannabis.
When you gift cannabis accessories, you’re giving someone the means to enhance their cannabis experience. For example, a dry herb vape allows for discreet and convenient consumption, while unique glassware can add a touch of personality to smoking sessions.
Rolling papers and grinders make it easier to prepare cannabis for consumption. These accessories not only make great gifts for cannabis enthusiasts but also for beginners looking to start their cannabis journey. It’s a practical and thoughtful way to show someone you care about their enjoyment of cannabis while also providing them with useful tools for their cannabis consumption needs.
Gifting Marijuana-Infused Products
Cannabis gifting through infused products, like topicals, is like sharing the benefits of cannabis in various forms beyond smoking or eating it. These products include things like lotions, balms, oils, and creams that are infused with cannabis extracts.
When you gift cannabis-infused products, you’re offering someone a way to experience the potential therapeutic effects of cannabis through their skin. For example, cannabis-infused topicals can be used to relieve pain, reduce inflammation, or soothe sore muscles. They can also offer benefits for skincare, such as moisturizing and rejuvenating properties.
Gifting cannabis-infused products allows recipients to explore alternative methods of cannabis consumption that are discreet, non-intoxicating, and easy to use. Plus, they provide an opportunity to experience the potential wellness benefits of cannabis without the need to smoke or ingest it orally, making them suitable for a wide range of individuals.
Homegrown Cannabis
Cannabis gifting through homegrown cannabis is like sharing a piece of your own gardening success with friends or loved ones. It involves cultivating cannabis plants at home and then giving away the harvested product as a gift. When you gift homegrown cannabis, you’re offering a unique and personal experience, as the cannabis has been nurtured and cared for by you.
Recipients may appreciate the thought and effort that went into growing the plant, as well as the opportunity to try something homemade. Homegrown cannabis can vary in strain, potency, and flavor, providing recipients with a diverse selection to enjoy.
It’s a way to share the joys of legalized marijuana gardening and the benefits of cannabis with others, fostering a sense of community through a shared interest in this versatile plant.
Promotional Giveaways
Cannabis gifting through contests or giveaways is like winning a special prize related to cannabis. Businesses or organizations may host contests or giveaways where participants have the chance to win cannabis products or accessories for free. It’s like entering a raffle or sweepstakes, but the prizes are all cannabis-related.
Winners might receive things like premium strains of marijuana, high-quality accessories like vaporizers or glassware, or even tickets to cannabis events or experiences. Participating in these contests or giveaways can be exciting, as it offers the opportunity to score some cool cannabis-related items without having to spend any money.
Cannabis Samples
Cannabis gifting through free samples is like receiving little surprises of cannabis products without having to pay for them. Some cannabis businesses offer samples of their products for free as a way to let people try them out. It’s similar to how you might get a free sample of a new snack at the grocery store.
These samples could include small amounts of marijuana flower, edibles, oils, or other cannabis-infused products. They give people the chance to experience different strains or products without committing to buying a larger quantity.
Cannabis samples are often given out at events or as promotions at dispensaries, providing an opportunity for consumers to explore and discover new favorites. It’s a way for businesses to showcase their products and for consumers to experiment with different options, all while enjoying a little taste of cannabis culture for free.
Understanding Massachusetts Cannabis Laws
The state of Massachusetts regulations outline how much cannabis can be purchased on a monthly basis, whether you are a recreational marijuana user or a patient registered with the Cannabis Control Commission (CCC).
You do not have to possess a medical cannabis card to purchase marijuana products at an adult-use dispensary. Any Massachusetts resident who is twenty-one (21) years of age or older, with valid government-issued photo identification, can visit a dispensary and leave with cannabis products, supplies, and accessories.
At-Home Cultivation of Cannabis Plants
At-home cultivation of cannabis is also legal, and the rules are outlined in the Massachusetts regulations. The laws allow residents to grow up to six plants at home for personal use only. If more than one adult (21 years of age or older) resides in the dwelling, a household maximum of twelve (12) cannabis plants may be cultivated.
Is Cannabis Gifting Legal in Massachusetts?
Yes. If you are a Commonwealth resident and are aged 21 years or older, under state law, M.G.L. c. 94G, § 7(a)(4), you can give away raw homegrown cannabis or a marijuana product without receiving compensation. If you receive payment, it is not a “gift” but determined to be a sale of cannabis, which is illegal in the state of Massachusetts.
Limitations and Restrictions on Cannabis Gifting
Residents must be 21 years of age or older, and the recipient of the gift must also be 21 years of age. The quantity that you may gift is limited to up to one ounce of marijuana or five grams of active marijuana concentrate.
It is illegal to receive any kind of payment or other type of compensation. That is determined to be unlicensed sales of cannabis products (only dispensaries may retail products in our state). It is also illegal to advertise or promote gifting marijuana.
Safety Considerations and Responsible Gifting Practices
If you plan to give cannabis as a gift, whether cannabis flower you have grown at home or products that you purchased at a dispensary, you need to exercise caution. Protect yourself from legal problems by taking the following steps.
Verify Legal Status
Before gifting homegrown cannabis or purchased products in Massachusetts, ensure both the giver and recipient are of legal age (21+) to possess and use cannabis under state law. This helps prevent legal complications and ensures compliance with regulations.
Medical marijuana treatment centers or licensed dispensaries are required by law to accurately label all cannabis products. The information on the label will contain the batch number, THC potency, terpene, and minor cannabinoid content. Make sure any labels are intact when you legally purchase and gift cannabis products.
Labeling and Packaging
Properly label and package cannabis products with accurate potency information, usage instructions, and any applicable warnings. This promotes safe consumption and prevents accidental ingestion by children or pets.
Remember that traveling with an open container of cannabis in Massachusetts is illegal. Whether you have a medical card and you are a registered patient or use recreational marijuana.
Secure Storage
If gifting cannabis products, advise recipients to store them securely and out of reach of minors or unauthorized individuals. This reduces the risk of accidental ingestion and promotes responsible use.
Educational Resources and Conversation About Precautions
Provide recipients with educational resources about responsible cannabis consumption, including dosage guidelines, potential side effects, and harm reduction strategies. Empowering individuals with knowledge promotes informed decision-making and mitigates risks.
Guidance for First-Time Use of Marijuana
Openly communicate with recipients about their preferences, experience level, and any concerns they may have regarding cannabis use. This fosters trust and allows for a tailored gifting experience that prioritizes safety and well-being.
Responsible Use
Encourage recipients to consume cannabis responsibly, emphasizing moderation and awareness of personal limits. Responsible use helps prevent adverse reactions and promotes a positive experience with cannabis.
Before gifting marijuana plants, buds, or marijuana accessories, focus on safety. Does the recipient have one or more medical conditions? Are they taking prescription medication? Consuming marijuana is not like smoking tobacco. Cannabis can conflict with some types of prescription drugs and may cause an adverse health event.
You can’t tell people what to do, but when gifting marijuana in Massachusetts, you can encourage the recipient to talk to their primary healthcare provider. A quick check with a medical professional can reduce risks.
Liability Risks Associated with Cannabis Gifting
Something to consider if you plan to gift marijuana plants, flowers, or products is your personal injury liability. The laws that apply to cannabis, in this regard, are very similar to serving or providing alcohol in your own home. You are providing a controlled substance to another individual, whether you serve it to them in your home or provide it as a gift.
If the individual becomes impaired and injures themselves, you could face legal liability for personal injury. Since you are unlikely to require your friend or family member to sign a waiver, be cautious about whom you give cannabis to. In the worst-case scenario, you could face a civil penalty, allowing consumption at your private residence or providing cannabis products as gifts to other adults.
Marijuana sold through dispensaries follows all state requirements for safety and compliance. Cannabis cafes and other marijuana establishments will navigate a level of legal risk by allowing consumption on business property as well.
Aaron Bloom serves as the CEO, overseeing the mission and growth of DocMJ and Medwell Health and Wellness Centers. Aaron’s passion for improving patients’ lives comes from his background in health care. For more than 20 years, Aaron owned, operated, and represented traditional healthcare organizations. This experience created a passion for finding improved ways to relieve suffering. His goal as CEO is to work daily to relieve all patients who seek better health and wellness through the medicinal benefits of medical cannabis and evidence-based alternative medicines.
