NEW CANNABIS LAWS: WHAT YOU NEED TO KNOW
Friday afternoon, July 28th, Governor Baker signed the “Act to Ensure Safe Access to Marijuana.”
The Massachusetts Recreational Consumer Council wants to thank all local constituents who took the time to contact their representatives via twitter, e-mail, phone calls. Your efforts made this bill favorable towards community needs and local economic opportunities. Read on to learn about taxes, increased possession limits, local control, craft-cannabis, and more. Find these updates useful? Donate to help us bring more information to you.
HELP US KEEP YOU UPDATED
MRCC has created a quick summary of highlights you should know about:
I’m a consumer?
A consumer is a person who is at least 21 years of age.
How much can I legally grow at home in MA?
Anyone 21+ can grow up to 6 plants per person and up to 12 plants per household. Don’t be afraid to speak to your landlord about growing, they can determine your ability to grow through the lease. Have a conversation.
Where can I consume legally?
Using marijuana in any form (smoking, eating, or vaping) is not allowed in public places, including amusement parks, sporting and music venues, state and national parks, playgrounds, sidewalks and roads, marijuana retail businesses, or even your porch. HOWEVER anyone +21 can consume inside private property. If you live in public housing/apartments/rent there might be restrictions on growing/smoking. Have a conversation with your landlord.
GIFTS & POSSESSION
How much can I gift and hold?
OUTSIDE Possess 1 ounce of flower outside your primary residence. And not more than 5 grams of marijuana concentrate.
AT HOME Possess 10 ounces in your primary residence plus any homegrown marijuana.
GIFT up to 1 ounce to another person +21. However, a gift cannot be accompanied with the sale of another item: “gift of marijuana given in conjunction with the sale of another item in order to evade laws governing the sale of marijuana is illegal and [the] person who grants such a gift is subject to prosecution;
Am I doing it wrong?
Advertising giveaways, coupons, or “free donated” marijuana is not legal. Avoid doing this via Facebook, IG, Snapchat. Marijuana is still a federally illegal drug.
“(6) a prohibition on advertising, marketing and branding through certain identified promotional items as determined by the commission, including giveaways, coupons or “free” or “donated” marijuana; ”
LEGAL MARIJUANA SALES
How do I do it right?
MARIJUANA ESTABLISHMENT Marijuana establishments are marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other type of licensed marijuana-related businesses.
An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
What about craft cannabis co-operatives?
“Craft marijuana cultivator cooperative”, a marijuana cultivator comprised of residents of the commonwealth organized as a limited liability company or limited liability partnership under the laws of the commonwealth, or an appropriate business structure as determined by the commission, and that is licensed to cultivate, obtain, manufacture, process, package and brand marijuana and marijuana products to deliver marijuana to marijuana establishments but not to consumers.
Taxes, marijuana 20%,
How much am I paying?
TOTAL maximum tax: 20%:
[ MA state sales tax of 6.25%
+ State excise tax on marijuana 10.75%
+ City/Town excise tax 3%.
Funds will go towards, initiatives in public health, public safety, police training, restorative justice and workforce development.
COMMUNITY HOST AGREEMENTS
How does this impact my community?
Communities can enter into host community agreements with marijuana licensees. Community host agreements cannot run for more than five years and the community impact fee paid to the municipality by the licensee cannot exceed 3 percent of the establishment’s gross sales.
LOCAL VOTING CONTROL
How can my community get involved?
CITIES WHO VOTED FOR THE BALLOT INITIATIVE: In cities and towns that supported the ballot initiative, stores can only be banned if a majority of voters approve.
CITIES WHO VOTED AGAINST BALLOT INITIATIVE: The compromise bill allows cities or towns that voted against the ballot initiative to impose a ban on marijuana establishments without a townwide referendum “between now and 2019,” a provision that would apply to 91 communities comprising 28 percent of state’s population.
GROWING BEFORE +21
“A person who is 18 years old, but not yet 21, who grows 12 marijuana plants or fewer in their home shall be punished by a civil penalty of not more than $100 and shall complete a drug awareness program established pursuant to section… If that person is less than 18 years of age, the parent or legal guardian of that person shall be notified.”
“Whoever furnishes marijuana, marijuana products or marijuana accessories to a person less than 21 years of age, either for the person’s own use or for the use of the person’s parent or another person shall be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year or both such fine and imprisonment.