Cannabis in Massachusetts

[6] The largest event for the support of the legalization of marijuana, the Boston Freedom Rally, which draws thousands of attendees from all over the region, takes place every year in September.

[9] On November 4, 2008, Massachusetts voters passed a ballot initiative that decriminalized the possession of small amounts of marijuana.

[10] Minors also had to notify their parents, take a drug awareness program, and complete 10 hours of community service.

[16] In the November 8, 2016 election, Massachusetts voters passed a ballot initiative (Question 4) making recreational cannabis legal in the state.

An unlicensed sale (including barter) is illegal for the seller but not the buyer; giving away home-grown marijuana for free is allowed.

Governor Charlie Baker signed legislation on December 30, 2016 extending the start date for legal licensed recreational cannabis sales by six months, to July 2018.

Applicants must also hold a community meeting and negotiate an agreement with the host municipality in order to get a state license.

[21] Retail and medical marijuana businesses must also negotiate a Community Host Agreement with the city or town in which it is located pursuant to Massachusetts Law.

[22] Treasurer Deborah Goldberg unilaterally increased the excise tax to 10.75% from the 3.75% approved by voters in the language of ballot question.

[25] Licensing of delivery services (other than for medical marijuana) was further delayed by the Cannabis Control Commission, as was that for on-site consumption.

"[33] The month following the ballot initiative's passage, Baker signed into law a six-month delay in the issuance of licenses for retailing marijuana in shops from January 2018 to July 2018,[34] and in July 2017, signed into law a compromise bill that increased the excise tax on marijuana sales, expanded the size of the Cannabis Control Commission created by the ballot initiative, mandated background checks for Commission and marijuana shop employees, shifted control of the state's medical cannabis program from the Massachusetts Department of Public Health to the Commission, and created rules for town governments to restrict or ban marijuana shops based on the results of the 2016 ballot initiative within their jurisdiction.

[39] Also in January 2018, after U.S. Attorney General Jeff Sessions rescinded the Obama Justice Department's Cole Memorandum,[40] as well as making personal requests to congressional leaders to not renew the Rohrabacher–Farr amendment in the previous year,[41] Baker expressed opposition to the rescission, with his administration stating that it "believes this is the wrong decision and will review any potential impacts from any policy changes by the local U.S. Attorney's Office", and Baker reiterated his support for implementing the legal and regulated recreational marijuana market as passed by voters on the 2016 ballot initiative.

[42] In addition, Baker has also expressed concerns about federal prosecutors creating confusion and uncertainty in states where marijuana has been legalized for either medical or recreational usage,[43] and argued that the Massachusetts U.S. Attorney's Office, instead of prosecuting local marijuana businesses, should focus its resources on resolving the opioid epidemic in the state (identifying fentanyl in particular).

[44] After meeting with the incoming U.S. Attorney Andrew Lelling in February 2018, Baker stated the following month that Lelling "made pretty clear his primary focus is going to be on fentanyl and heroin", and that after speaking with governors in other states with legal recreational marijuana markets at a National Governors Association meeting, Baker said that he "did not get the impression any of them felt there had been a significant change in their relationship with the U.S. attorneys in their states as a result of the change in the administration... because people are pretty focused on the opioid issue.

"[45] Also in February 2018, Baker argued that the Cannabis Control Commission should create its regulatory framework in incremental steps by prioritizing marijuana shops over cafés, saying "that if they try to unwrap the entire package straight out of the gate, the role and responsibility they have as an overseer and as a regulator is going to be compromised", reiterating that the purpose of legalization was to create a "safe, reliable, legal market" in the state.

[46] In March 2018, The Boston Globe reported that 189 of the 351 Massachusetts cities and towns had either indefinitely or temporarily banned retail marijuana stores.

[48] In the same month, Massachusetts Attorney General Maura Healey ruled that municipalities with moratoriums on recreational marijuana sales would be allowed to extend them for another year.

[50] On July 2, 2018, Baker praised the Commission's work in creating the regulatory framework for the recreational marijuana industry in the state, and expressed support for the Commission's decision to roll out the industry more slowly, stating "It's very clear that you only get one shot to roll this out, and it's very hard to change if you don't do what you think you should have done the first time.

"[51] On the same day, the Commission voted unanimously to grant the first recreational marijuana retail license to a medical dispensary in Leicester.

Illegal drugs found by TSA at airport security checkpoints (which are not in the scope of what they are searching for in the first place) are referred to local law enforcement; in Massachusetts possession of under one ounce (28 g) is legal, so state police will take no action.

[65] The following chart shows percentages of Massachusetts' population's marijuana usage using data from the Substance Abuse and Mental Health Services Administration based on surveys from 2010 and 2011.