Burke Levy, P.C.

Charged with marijuana possession?

The debate over the legality of marijuana is big right now in areas all across the country. In certain forms, it has proved to be a beneficial drug for certain medical issues. Then there are those individuals who just believe it's a harmless drug that they should be free to use at their leisure. What does the state of Massachusetts have to say about marijuana possession?

Marijuana possession in some states either is no longer a criminal offense or considered a relatively minor crime. In 2012, Massachusetts legalized medical marijuana and in 2016, the state legalized recreational marijuana use. It does not mean that all marijuana possession is legal, though. If charged with marijuana possession, you could face some serious penalties if convicted in court.

When is it legal?

Marijuana is legal for medical purposes if you have a prescription and a registration card. These individuals can have a 60 day supply of cannabis -- 10 ounces -- in their possession at all times, as long as they have the proof of medical need with them as well. Those who wish to utilize marijuana for recreational purposes may only take one ounce with them if they go out in public. Within their own homes, they may have up to 10 ounces at a time.

Those who wish to grow their own marijuana plants may do so. The state allows you to grow up to six plants on your property for your personal use. Those who own marijuana dispensaries may only grow up to 35 plants and must register their businesses with the state.

When it is not legal?

It is not legal to carry more than one ounce of marijuana outside of your residence -- unless you have a medical registration card. It is not legal to sell marijuana to other individuals unless you are registered to do so. It is not legal to supply minors with the drug. Finally, it is not legal to grow more than your allotted number of plants.

The consequences for marijuana possession offenses can vary depending on the exact details of your case. A typical possession charge for carrying more than one ounce of the drug can result in jail time, a fine and the loss of driving privileges. Obviously, charges such as illegal cultivation or trafficking would have far greater penalties if convicted.

If you face charges of marijuana possession, do not lose hope. You have the right to defend yourself. With a strong legal team at your side, you can take all the right steps to achieve the best outcome possible.

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