Interim Police Chief John McCarthy
197 Main St.
Gloucester , MA 01930
For Immediate Release
Wednesday, Dec. 21, 2016
Contact: John Guilfoil
Gloucester Police Offer Guidance on Legalization of Marijuana
GLOUCESTER — To avoid any confusion regarding the legalization and regulation of commercial and recreational marijuana that took effect last week, Interim Chief John McCarthy and the Gloucester Police Department seek to inform the public on what has changed and what remains the same under state law.
Law enforcement agencies statewide received guidance last Wednesday from the Massachusetts Executive Office of Public Safety and Security and Secretary Daniel Bennett.
“We are strongly encouraging residents to educate themselves on these guidelines pertaining to the legalization of marijuana in the Commonwealth,” Interim Chief McCarthy said. “Smoking in a public place and driving under the influence remain illegal and we will continue to be vigilant in enforcing these laws.”
As of Thursday, Dec. 15:
- A person age 21 or older may legally possess up to one ounce of marijuana outside their primary residence.
- A person age 21 or older may possess up to 5 grams of marijuana concentrate (such as cannabis oil).
- No civil penalties or tickets may be issued for legal possession of marijuana or marijuana concentrate by those age 21 or older.
- Police may not seize lawful quantities of marijuana or marijuana concentrate
- For persons between the ages of 18-21, marijuana possession remains decriminalized, and police may levy a civil penalty of $100.
- For persons under age 18, possession remains decriminalized, but juveniles in possession will be subject to a civil penalty of $100 and will be required to complete a drug awareness program or face a penalty of up to $1,000. (Parents may be held liable for the penalties.)
- Marijuana is still not allowed on the grounds of a public or private school.
- Marijuana is not allowed in Gloucester town buildings, including Town Hall and the police station.
- A person age 21 or older may possess up to 10 ounces of marijuana inside their primary residence. (Only one primary residence is allowed per person.)
- A person age 21 or older may grow/cultivate up to six marijuana plants OR a single residence, consisting of two or more people over age 21, may cultivate up to 12 marijuana plants if at least two people in the household are engaged in growing activity there.
- For example: In the case of households with two roommates, if one roommate wants to grow marijuana but the other does not wish to engage in the cultivation of marijuana, the other roommate may only grow six plants, not 12.
- Any person who exceeds the cultivation limits without a license from the Cannabis Control Commission, may be subject to civil fines for seven to 12 plants or criminal prosecution of a single person if that person exceeds 12 plants.
- A person age 21 or older may give under one ounce of marijuana to another person age 21 or older.
- Unlicensed selling or trading remains a criminal offense
- Sale of marijuana paraphernalia, such as bongs or pipes, to a person age 21 or older, is legal.
- Sale of marijuana paraphernalia, such as bongs or pipes, to a person between the ages of 18-20 remains a misdemeanor, while sale to minors remains a felony.
- A person under age 21 who purchases or attempts to purchase marijuana paraphernalia, is subject to a civil penalty of $100, but not criminal charges.
- It remains a crime to operate a motor vehicle under the influence of ANY drugs, including marijuana.
- Public consumption of marijuana is prohibited, unless used for medical purposes.
- Consumption of marijuana in any place that bans the use of tobacco (bars, restaurants, etc.) is prohibited.
- No person may possess an “open container” of marijuana in a motor vehicle.
Additionally, marijuana remains illegal under federal law and inside federal parks, buildings, and facilities.
Anyone with questions about the laws pertaining to the use of marijuana should contact the Gloucester Police Department at 978-283-1212.