*Offenders under 18 will be required to attend a drug awareness program or pay a $1,000 fine. **Probation with records sealed upon completion of probation. ***Probation possible.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possessing with intent to sell, selling, manufacture with intent to sell
misdemeanor
1 - 2 years
$500 - $5,000
Paraphernalia sale to a minor
felony
3 - 5 years
$1,000 - $5,000
Operating under influence (first offense)
misdemeanor
up to 2.5 years
$500 - $5,000, plus additional fees and assessments
License suspensions
Automatically by Registry of Motor Vehicles
1 – 5 years for any marijuana
crime if guilty
-Paraphernalia possession is not a crime, although paraphernalia remains subject to seizure and forfeiture.
Details
Question 2 An Act Establishing a Sensible State Marihuana Policy passed by 65% in 2008
Possession of one ounce or less of marijuana is a civil offense, subject to a $100 fine like a traffic ticket. Offenders under 18 are required to attend a drug awareness program or pay a $1000 fine. Possession of more than one ounce of marijuana is punishable by up to six months in jail and a fine of up to $500. For first time offenders, the court will sentence the offender to probation and upon successful completion of the probation period, the offender's record will be sealed. For subsequent offenses, probation may still be possible.
Cultivation, possession with intent to sell, delivery or sale of less than 50 pounds of marijuana is punishable by up to two years in jail and a fine of up to $5,000. For 50 pounds or more, the penalty increases to a mandatory minimum of one year in prison and a possible range of 2.5 - 15 years in prison and a fine of $500 - $10,000. For cultivation or sale of 100 pounds or more the mandatory minimum sentence is three years and up to 15 years in prison, along with a fine of $2,500 - $25,000. For 2,000 pounds or more, the penalties increase to a mandatory minimum 5-year sentence up to 15 years in prison and a fine of $5,000 - $50,000. For any amount of 10,000 pounds or more, the mandatory minimum sentence is 10 years with up to 15 years in prison possible and a fine of $20,000 - $200,000.
Sale of marijuana within 1,000 feet of a school or 100 fee of a park adds another 2-year mandatory minimum sentence for sale and can go as high as an additional 15 years in prison and a fine of $1,000 - $10,000.
The possession with intent to sell, sale or manufacture of paraphernalia is punishable by 1 - 2 years in jail and a fine of $500 - $5,000, unless the sale was to a minor, in which case the penalty is 3 - 5 years in prison and a fine of $1,000 - $5,000. Government must prove defendant knew, or reasonably should know, that object held for sale, sold, or manufactured will be used to violate of Massachusetts Controlled Substances Act. The school zone/park mandatory minimum also applies.
Conditional release:
The state allows conditional release or alternative or diversion
sentencing for people facing their first prosecutions. Usually,
conditional release lets a person opt for probation rather than
trial. After successfully completing probation, the individual's
criminal record does not reflect the charge.
Mandatory minimum sentence:
When someone is convicted of an offense punishable by a mandatory minimum sentence,
the judge must sentence the defendant to the mandatory minimum sentence
or to a higher sentence. The judge has no power to sentence the
defendant to less time than the mandatory minimum. A prisoner serving
an MMS for a federal offense and for most state offenses will not
be eligible for parole. Even peaceful marijuana smokers sentenced
to "life MMS" must serve a life sentence with no chance of parole.
Decriminalization:
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small
amount for personal consumption. The conduct is treated like a minor
traffic violation.
Marijuana tax stamps:
This state has a marijuana tax stamp law enacted.
This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps
onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.
For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties
.
NORML and the
NORML Foundation: 1600 K Street NW, Suite 501, Washington
DC, 20006-2832
Tel: (202) 483-5500 • Fax: (202) 483-0057 • Email: norml@norml.org
conditional 
decriminalized 
mandatory 
tax stamps 
Conditional release:
The state allows conditional release or alternative or diversion
sentencing for people facing their first prosecutions. Usually,
conditional release lets a person opt for probation rather than
trial. After successfully completing probation, the individual's
criminal record does not reflect the charge.
Mandatory minimum sentence:
When someone is convicted of an offense punishable by a mandatory minimum sentence,
the judge must sentence the defendant to the mandatory minimum sentence
or to a higher sentence. The judge has no power to sentence the
defendant to less time than the mandatory minimum. A prisoner serving
an MMS for a federal offense and for most state offenses will not
be eligible for parole. Even peaceful marijuana smokers sentenced
to "life MMS" must serve a life sentence with no chance of parole.
Decriminalization:
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small
amount for personal consumption. The conduct is treated like a minor
traffic violation.
Marijuana tax stamps:
This state has a marijuana 
