Know the Rules: Cannabis Consumption Restrictions in Massachusetts

Recreational use and medical cannabis are legalized in the Commonwealth of Massachusetts. Our state was the eighteenth jurisdiction to legalize medical cannabis in 2012. Adult use of marijuana was later legalized in 2016.

The cannabis advisory board plays a crucial role in overseeing various aspects of cannabis law, including public education and compliance for cannabis businesses, ensuring regulations align with the state’s goals for marijuana legalization.

There can be a misconception among people who use cannabis about when and where you can consume medical or recreational products. Just because it is legalized does not mean that you can smoke, vape, or take a dose by another intake method in public.

In Massachusetts, there are laws that govern both patients and recreational users alike. Learn more about the places where you can and cannot take or consume cannabis legally and the penalties you can face if you are using cannabis in prohibited locations.

Consuming Cannabis in Public is Not Permitted

Let’s start with the most important rule about cannabis consumption in Massachusetts. No one is permitted to consume cannabis in public. While the most obvious and detectable type of cannabis is smoke or vaping, the law applies to any kind of intake method, including tinctures, edibles, and more.

That means anywhere outside, including sidewalks, patios (with the exception of cannabis cafes and dispensaries), parks, public beaches, event venues, and similar areas. Individuals who are stopped by law enforcement regarding public consumption may face a fine of $100 to $300 at the discretion of the officer.

Is It Against the Law to Consume Marijuana in Your Car?

While we may feel like our vehicle is private property, you may not smoke or use marijuana products in your vehicle. Massachusetts law prohibits both public consumption in a vehicle and open cannabis containers, enforceable by a civil penalty fine of up to $500.

Never Consume Marijuana on Federal Land or Properties

There is a conflict between federal and state laws when it comes to cannabis legalization. Under federal law, it remains illegal to transport cannabis between states, despite state-level legalization. As a resident of Massachusetts, you can purchase and possess marijuana and consume it legally if you are an adult who is twenty-one years of age or older or if you have a medical cannabis card.

At the time of writing, cannabis remains a federally prohibited Schedule I drug in the Controlled Substances Act (C.S.A.). Can you face a federal charge if you possess marijuana in Massachusetts? Yes, you can if you are on federal property. Having a Massachusetts medical cannabis card does not provide a legal exception.

Additionally, mailing marijuana purchases home can be classified as moving illegal drugs across state lines, leading to severe legal repercussions. Tourists should avoid this practice to prevent steep penalties.

What are examples of federal land and property where you may face criminal charges if you possess marijuana? Here is a list of locations to remember to avoid problems:

Military Installations

• Hanscom Air Force Base.
• Westover Air Reserve Base.
• Barnes Air National Guard Base.
• Coast Guard Base Boston.
• Coast Guard Sector Southeastern New England.
• Otis Air National Guard Base.

National Parks, Historic Sites, and Seashores

• Boston National Historical Park.
• Cape Cod National Seashore.
• Minute Man National Historical Park.
• John F. Kennedy National Historic Site.
• Springfield Armory National Historic Site.
• Salem Maritime National Historic Site.
• Adams National Historical Park.
• New Bedford Whaling National Historical Park.

Federal Courthouses

• John Joseph Moakley United States Courthouse (Boston).
• United States District Court for the District of Massachusetts (Boston).
• Springfield Federal Courthouse (Springfield).
• Worcester Federal Courthouse (Worcester).

Federal Buildings and Offices

• Thomas P. O’Neill Jr. Federal Building (Boston).
• J.F.K. Federal Building (Boston).
• Tip O’Neill Federal Building (Cambridge).
• Ralph J. Bunche Library (Boston).

Research Institutions and Laboratories

• National Institutes of Health (N.I.H.) Clinical Center, Framingham Heart Study (Framingham).
• U.S. Army Natick Soldier Systems Center (Natick).
• Naval Undersea Warfare Center Division Newport, Undersea Warfighting Development Center (Newport, MA annex).

Other Federal Properties

• Edward M. Kennedy Institute for the United States Senate (Boston).
• Federal Reserve Bank of Boston.
• Post Office locations.
• Veterans (VA) hospitals and office locations.

What Are the Federal Penalties for Possession of Marijuana Products?

It is very important to remember that having a medical card does not exempt you from criminal charges if you are found in possession of prohibited substances on federal land. There are significant legal penalties for violating federal Controlled Substances Act (C.S.A.) laws (21 U.S.C. Section 844).

• A first offense of simple possession of marijuana is a federal misdemeanor and is punishable by a fine of $1000 or more and up to one year of incarceration.
• A second federal drug offense can result in a minimum of 15 days of incarceration, a maximum of two years of prison time, and a fine of $2,500. These penalties increase depending on the quantity of cannabis found in possession.
• Illegal cannabis sales or distribution of large quantities of marijuana (100 kg or 100 plants) or a criminal offense involving cannabis that results in bodily injury or death to one or more individuals can result in 5-40 years of incarceration and a maximum fine of $5 million.

According to Massachusetts law, any resident over the age of twenty-one years can grow up to six plants at home if they are located a great distance from any licensed cannabis dispensary. If more than one adult lives in the residence, the maximum number of cannabis plants (mature and seedlings) cannot exceed twelve.

Federal Penalties Regarding Cannabis Paraphernalia

Possession of cannabis isn’t the only thing you have to worry about when it comes to federal charges. While state law permits you to buy, possess, and use paraphernalia, it is still a federal crime to do so. That includes any equipment used to produce, use, or conceal cannabis and items such as dry scales, roach clips, dry herb vape devices, bongs, dab rigs, grinders, and single-dose pipes (chillums).

When it comes to protecting yourself, review the list of federal land, and make sure you leave your medical cannabis and paraphernalia at home if you need to visit any federally owned property in Massachusetts or other states when you travel.

Where Are Massachusetts Residents Legally Allowed to Consume Medical Marijuana or Adult Use?

Now that we have discussed where you should not use cannabis (or have it in your possession) let’s talk about where you are legally permitted to use cannabis, according to Massachusetts state law.

Recreational cannabis is legal for adults over 21 in Massachusetts, with specific possession limits in place.

Consuming Cannabis in a Private Residence (Subject to Quantity Restrictions)

Whether you are a recreational marijuana user or a patient with a Massachusetts medical cannabis card, smoking marijuana or consuming by other intake methods at home is legalized. Anyone over the age of twenty-one years can purchase and possess marijuana products within the limits established for adult use.

If you do not have a Massachusetts medical card, the amount of marijuana products you can purchase and possess is limited by law. Adult-use marijuana consumers can buy up to one ounce of flower, 5 grams of marijuana concentrate, or 500 mg of edibles per person daily. You may also buy up to (10) tinctures per day. It is important to understand these limits when buying different products at dispensaries and to rely on the guidance of dispensary staff to ensure compliance with the law.

By comparison, patients with a Massachusetts medical cannabis card can possess a maximum of 10 ounces or a 60-day supply of medicinal products. In some cases, patients may be granted a medical exception to purchase and possess more based on the severity of their health condition and symptoms.

On The Premises Where Cannabis Products Are Sold

When cannabis was legalized, the Massachusetts cannabis control commission was established back in 2016. There was a question on the voter ballot that indicated cannabis would be legal to purchase and consume on the premises where so,ld.

According to the legislation, residents of Massachusetts should be legally permitted to consume cannabis on private property, at special licensed events, at any cannabis cafe, and technically, at any licensed dispensaries.

Eight years later, there is only one cannabis cafe open in Massachusetts, which is Apex Noire, located in Boston. The seven-floor dispensary and cafe is open to adults aged twenty-one years or older. Currently, the cafe is expanding to provide a cocktail lounge for cannabis-infused beverages and a new edible marijuana factory.

In 2023, marijuana lawmakers and regulators voted against plans for a slow rollout of cannabis cafes and other social consumption lounges, which was initially planned for only twelve (12) municipalities. Massachusetts cities and towns can authorize on-site consumption of cannabis products or ban it in their jurisdiction. The decisions reside with the municipalities.

Smoking tobacco inside any indoor area is strictly prohibited, and the same holds true for smokable cannabis products. However, marijuana establishments such as lounges and cafes may circumvent that restriction by providing open-air patios or by meeting strict guidelines for ventilation of indoor spaces.

Industry experts agree that Massachusetts will see more cannabis lounges and cafes, allowing for public consumption in the next two years. That will provide both patients and recreational marijuana users an opportunity to consume socially and legally outside of their homes.