Massachusetts marijuana laws got a Statehouse rewrite. Here's what you need to know

Updated July 25, 2017
Posted July 25, 2017

The Massachusetts marijuana law is getting a rewrite.
The state has actually two marijuana laws -- approved by voters -- that Statehouse lawmakers revised, largely behind closed doors.
The medical marijuana law passed in 2012 and the recreational marijuana law passed in 2016.
The 2016 state law broadly legalized recreational marijuana use for adults ages 21 and over. Marijuana remains illegal at the federal level.
The revisions are in a bill on Gov. Charlie Baker's desk, awaiting action.
Here's what you need to know about the revisions, based on information provided by lawmakers like state Sen. William Brownsberger and others inside the Statehouse.

Homegrow and personal limits stay the same.
You can possess 10 ounces inside a primary residence.
You can possess 1 ounce outside the primary residence, or no more than 5 grams of marijuana concentrate, and you can gift up to 1 ounce to another person.
A household can have up to 12 marijuana plants inside.

2017 New England Cannabis Convention
Gintautas Dumcius | [email protected]

You still can't smoke it in public
Marijuana smoking is not allowed in public. You can smoke inside your home, though it's complicated if you're renting or on federally subsidized property. (More than 829,000 Massachusetts residents are renters.)
RELATED: If you rent an apartment in Massachusetts, you may not be able to use marijuana at home

No criminal liability for homegrowing for persons under the age of 21
According one of the lawmakers who helped craft the rewrite, people under 18 and up to 21 will be charged with a civil offense if they have under two ounces inside or outside a residence.
Over 2 ounces remains a crime, but there remains an exception: Up to 12 plants at home and cultivated amounts to a civil violation.
If you're under the age of 18, having under 2 ounces is a civil offense, coupled with a requirement to complete a drug education program. Over 2 ounces is still a crime.

Prior convictions can be sealed
People who have prior convictions for possession of marijuana can also have their records sealed.

First Retail Marijuana Stores Open In Washington State
Deb Greene (R), the first customer at the Cannabis City retail marijuana store, buys marijuana on July 8, 2014 in Seattle, Washington.
Elaine Thompson/Associated Press

Marijuana taxed at up to 20 percent, second lowest rate in the country
The voter-approved law called for a 12 percent tax on marijuana, but Massachusetts lawmakers nearly doubled it. They say it still puts Massachusetts at the second lowest marijuana tax rate in the country, same as Oregon.
Here's how the tax rate breaks down: There's a 6.25 percent sales tax, a 10.75 percent excise tax, and a 3 percent "local option" that cities and towns will be able to levy.
Matt Hart,Lemon Skunk marijuana bud(AP Photo/David Zalubowski, file)
There could be an additional 3 percent.
If you're seeking to open a retail pot shop, a host community agreement with the city or town is required. The city or town can tax gross sales at up to 3 percent.
Oregon Marijuana-Edibles(AP Photo)
Can you sell pot edibles now?
No. A new state agency, the Cannabis Control Commission, will be putting together regulations over the next several months, and there will be an application process for selling pot edibles.
Marijuana Banking
(AP Photo/Brennan Linsley, File)

Retail pot shops slated to open July 2018.
Lawmakers delayed the opening of retail pot shops to July 2018, instead of the January 2018 date that voters approved in November. Lawmakers said they needed the time to craft the rewrite and get it to the governor's desk.
It's part of an effort to drive down the black market, since advocates hope that consumers will want marijuana that's been through a regulatory process and a THC level that they can see.
We could see 10 or 12 pot shops in July, according to Adam Fine, an attorney specializing in marijuana law. The managing partner of the Massachusetts office of Vicente Sederberg, Fine helped co-write the original law approved by voters in November.

Working for a pot shop
The pot law rewrite calls for full background checks for employees of the Cannabis Control Commission and applicants for retail marijuana licenses.
But if you have a drug possession offense, you are not barred from a license or employment in a marijuana establishment.

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