Is it Legal to Smoke Weed in Boston?
The simple answer is… YES, but know where and when you can! The law in Massachusetts allows people who are 21 and older to consume marijuana, but regulates where they can use it, how much they can grow and possess, how its transported, and more. Let’s review the state laws.
Regardless of your age, you cannot consume marijuana in any form in public or on federal land. Those who violate the law can face a fine. The law also disallows smoking marijuana where smoking tobacco is prohibited. Municipalities may pass bylaws or ordinances authorizing exceptions in certain areas for social consumption.
The Cannabis Control Commission of Massachusetts
has laid out the Do’s and Dont’s.
Key Facts about Cannabis in Massachusetts:
1 or 10 oz. - You may possess 1 oz. or have 10 oz. at home
Massachusetts law prohibits the use of cannabis in any form in public
Driving under the influence of cannabis is illegal.
What to know about Medical Marijuana
Qualifying Patients over 18 years of age.
Qualifying Patients over 18 years of age must be approved by a physician and certified by the state before being legally allowed to possess up to a 60-day supply of marijuana. Learn more
Qualifying Patients under the age of 18.
Qualifying Pediatric Patients under the age of 18 must be approved by two Massachusetts-licensed certifying physicians, who must diagnose the Patient as having either a debilitating life-limiting illness or condition. Learn more
Massachusetts law allows registered medical marijuana patients to grow up to twelve flowering and twelve vegetative cannabis plants in your home for personal use. Adult-use consumers may grow no more than 6 cannabis plants or up to 12 plants for two or more adults. You may also apply for a Hardship Cultivation, which allows Registered Qualifying Patients to grow enough marijuana to yield a 60-day supply for personal medical use.
Learn more about Home Cultivation.
Learn more about Hardship Cultivation.
It’s illegal to consume medical marijuana in public.
You cannot use medical marijuana in any form—including smoking, vaping, or eating—in public places or on federal land.
Conditions approved for medical marijuana in Massachusetts include:
Amyotrophic Lateral Sclerosis (ALS)
Cancer
Crohn’s disease
Glaucoma
HIV/AIDS
Hepatitis C
Multiple Sclerosis
Parkinson’s disease
Hardship Cultivation Registration
Registered Qualifying Patients may apply for a Hardship Cultivation Registration due to financial hardship, physical incapacity to travel to a Medical Marijuana Treatment Center (MTC), or living beyond a reasonable distance of an MTC. A Hardship Cultivation Registration allows Registered Qualifying Patients or their Caregiver(s) to cultivate a limited number of plants sufficient to maintain a 60-day supply of marijuana.
The Commission has not yet implemented the Hardship Cultivation Registration program. The Commission is committed to working with all stakeholders to ensure this program upholds patients’ rights and maintains public health and safety. Please continue to check our website and public meetings for updates.
Out-of-state residents cannot purchase medical marijuana in Massachusetts.
Only Registered Qualifying Patients who are residents of Massachusetts or their Caregivers are allowed to purchase medical marijuana.
Check the rules where you live and work.
Employers, landlords, cities, and towns may have their own policies governing the use of marijuana.
You can’t cross state lines with marijuana.
It’s illegal to drive across state lines with any kind of medical marijuana product. It’s also against the law to transport it on a plane, train, boat, or other mode of transportation outside of Massachusetts.
You can’t mail it.
You cannot send medical marijuana by mail—even to states and countries where marijuana or medical marijuana use is legal.
If you have more than one ounce of cannabis in your home, it must be locked in a secure place. In fact, it’s best to store all cannabis-based products in childproof packaging and locked away to keep kids and pets safe.
Adult-Use Marijuana
You must be 21 years or older to purchase or grow adult-use marijuana.
You’ll need a government-issued ID to buy from a Marijuana Retailer in Massachusetts.
There’s a limit to how much you can carry.
Massachusetts law permits you to carry up to one ounce of marijuana. You may possess up to 10 ounces in your home.
There’s a limit to how much you can grow.
Massachusetts law allows you to grow up to six cannabis plants in your home for personal use, or up to 12 plants for two or more adults. Learn more about Home Cultivation.
It’s illegal to consume marijuana in public.
You cannot use cannabis in any form—including smoking, vaping, or eating—in public places or on federal land.
Keep marijuana in a closed container while on the road.
Just like alcohol, it’s illegal to have an open container of any form of marijuana in the passenger area of a car. An individual may receive a civil penalty of up to $500 for having an open container of marijuana in the passenger area of a vehicle while on the road or at a place where the public has access. Store marijuana in a closed container and place in your trunk or a locked glove compartment.
Don’t cross state lines with marijuana.
It’s illegal to drive across state lines with cannabis. It’s also against the law to transport it on a plane, train, boat, or other mode of transportation outside of Massachusetts.
Don’t mail it.
You cannot send marijuana by mail—even to states and countries where marijuana use is legal.
Lock it up.
If you have more than one ounce of cannabis in your home, it must be locked in a secure place. In fact, it’s best to lock away all cannabis-based products in childproof packaging to keep kids and pets safe.
Don’t get behind the wheel when you’re high.
It’s illegal to drive while under the influence of cannabis. Take public transportation, contact a ride-share, or catch a lift with a sober friend.
Check the rules where you live and work.
Employers, landlords, cities, and towns may have their own policies governing the use of marijuana.
A landlord cannot be punished by the state for allowing marijuana consumption.
The Marijuana Justice Act of 2017 prohibits a landlord from being punished under state law for allowing marijuana consumption or other marijuana-related activities conducted lawfully under the 2017 law and the Commission’s regulations on the landlord’s property.
Out-of-state visitors can purchase marijuana, but…
If you’re visiting from another state, you must be 21 years or older and present a valid government-issued ID to purchase cannabis or cannabis-based products from an adult-use Marijuana Establishment in Massachusetts.
However, you must enjoy your purchase in Massachusetts, since it’s against the law to transport marijuana across state lines—whether it’s by car, plane, train, boat, or any other mode of transportation. It’s also illegal to mail any type of cannabis-based product, including edibles, even if the final destination is a state, territory, or country that has legalized marijuana.
If you’re staying at a hotel or other type of rental accommodation, inquire about marijuana use policies prior to consuming.
Violations and Penalties
These are some – and not all – of the violations and penalties established by the Commonwealth’s Controlled Substances Act. These violations and penalties are not provided under the Commission’s authorizing laws, and therefore are not enforced by the Commission. For more information and additional penalties and violations, please see the Commonwealth of Massachusetts State Legislature Chapter 94C: Controlled Substances Act.
ViolationPenaltyAn individual under 18-20 years of age (unless a patient with a registration card for medical use of marijuana) purchases or tries to purchase marijuana, marijuana products, or marijuana accessories.Civil penalty of not more than $100 and completion of a drug awareness program.An individual under 18 years old purchases or tries to purchase marijuana, marijuana products, or marijuana accessories.Civil penalty of not more than $100, completion of a drug awareness program, and notification of parent or legal guardian.An individual under 17 years old purchases or tries to purchase marijuana, marijuana products, or marijuana accessories.Civil penalty of not more than $100, completion of a drug awareness program, and notification of parent or legal guardian. Failure to complete drug awareness program within one year of offense may be basis for delinquency proceedings.An individual 18-20 years of age alters, defaces, or otherwise falsifies identification (ID) offered as proof of age with the intent of purchasing marijuana, marijuana products, or marijuana accessories.Civil penalty of not more than $100 and completion of a drug awareness program.An individual under 18 years old alters, defaces, or otherwise falsifies ID offered as proof of age with the intent of purchasing marijuana, marijuana products, or marijuana accessories.Civil penalty of not more than $100, completion of a drug awareness program, and notification of parent or legal guardian.An individual under 17 years old alters, defaces or otherwise falsifies ID offered as proof of age with the intent of purchasing marijuana, marijuana products, or marijuana accessories.Civil penalty of not more than $100, completion of a drug awareness program, and notification of parent or legal guardian. Failure to complete drug awareness program within one year of offense may be basis for delinquency proceedings.Home cultivation visible from a public place without the use of binoculars, aircraft or other optical aids.Civil penalty of no more than $300 + forfeiture of the marijuanaAn individual 21 years or older found cultivating more than 6 marijuana plants, but not exceeding 12 plants. Exemptions may exist in the Medical Use of Marijuana Program.Civil penalty of not more than $100 + forfeiture of the unauthorized amount of marijuanaAn individual 18-20 years old (unless a patient with a registration card for medical use of marijuana) found cultivating 12 marijuana plants or less.Civil penalty of not more than $100 + completion of a drug awareness programAn individual under 18 years old found cultivating 12 marijuana plants or less.Civil penalty of not more than $100 + completion of a drug awareness program + notification of parent or legal guardianAn individual under 17 years old found cultivating 12 marijuana plants or less.Civil penalty of not more than $100 + completion of a drug awareness program + notification of parent or legal guardian
Failure to complete drug awareness program within 1 year of offense may be basis for delinquency proceedings
More About Marijuana
Visit MoreAboutMJ.org to learn more about adult use cannabis consumer’s rights and responsibilities.
