Until 1996, marijuana was illegal in all states regardless of whether or not it was being used for medicinal purposes.
While the federal government’s stance continues to be staunchly anti-marijauna, many states have since legalized cannabis for medicinal and recreational use.
Massachusetts joined these states by legalizing medicinal marijuana in 2012 and recreational marijuana use for adults over the age of 21 in 2016.
Federal Cannabis Laws
Marijuana is still illegal at the federal level despite the spread of legalization throughout the states, creating a multifaceted clash of laws.
Controlled Substances Act
At the federal level, cannabis is still categorized as a Schedule I drug under the Controlled Substance Act (CSA) and is strictly regulated by federal law enforcement.
The CSA prohibits the manufacture, distribution, dispensation, and possession of marijuana except in federal government-approved studies for research.
The consequences of illegal marijuana use can include the inability to purchase and possess firearms as well as ineligibility for federal housing and specific visas, federal employment, and military service.
Drug Enforcement Administration (DEA)
The Drug Enforcement Administration (DEA) is striving to stop the spread of illegal cannabis growing in the United States.
The DEA has created the Domestic Cannabis Eradication/Suppression Program (DCE/SP), which is the only nationwide law that targets drug trafficking organizations involved in illegal cannabis growing.
The DEA’s marijuana policy states that smoked marijuana is not medicine and not safe for public consumption.
Due to the conflict between the federal and state governments, the DEA continues to target criminals engaged in the growing and trafficking of marijuana.
Massachusetts Cannabis Laws
In Massachusetts, both medical and recreational marijuana are legal. However, there are still several restrictions on the use of marijuana.
Marijuana restrictions in Massachusetts include:
- only adults 21 and older with a government ID can purchase or carry recreational marijuana
- only individuals 18 or older with a medical marijuana card can purchase and carry medical marijuana
- state drug law prohibits public consumption of marijuana
- the consumption of marijuana on federal lands or properties is prohibited
- transportation of marijuana across state lines is illegal
- growing of marijuana has to be done out of public view
- gifting or selling marijuana to minors is illegal
- driving under the influence of marijuana is illegal
- marijuana or THC products must be kept in a closed container
- growing more than six marijuana plants for recreational use is illegal
Possession of more than one ounce of recreational marijuana and more than ten ounces of medicinal cannabis is punishable by law in Massachusetts.
Tension Between Federal Policies And Massachusetts Cannabis Laws
The state of Massachusetts is legally able to regulate drug laws with its borders because of the application of states’ rights, but the federal government is able to assert its authority on federal lands.
The ongoing tension between these two levels of government has led to various lawsuits from both sides.
Most recently, a group of cannabis business operators filed a lawsuit claiming that federal laws banning the sale of marijuana constitute a constitutional infringement of states’ rights.
It is likely that these tensions will continue to develop until the federal government asserts its policies or falls in line with the trend among state governments.
Other State Cannabis Laws
State marijuana laws vary greatly. As of April 2023, 38 states, three territories, and the District of Columbia allow the medical use of cannabis.
As of November 2023, 24 states allow the use of recreational marijuana.
States That Allow Medicinal Marijuana
Many states allow the use of marijuana for medical reasons as well as the creation and licensing of marijuana businesses and dispensaries within state lines.
The states that allow the use of medical marijuana include:
- Utah
- Oklahoma
- North Dakota
- South Dakota
- Arkansas
- Louisiana
- Alabama
- Mississippi
- Florida
- Kentucky
- West Virginia
- Pennsylvania
- New Hampshire
- Washington
- Oregon
- California
- Nevada
- Alaska
- Arizona
- New Mexico
- Colorado
- Montana
- Minnesota
- Missouri
- Illinois
- Ohio
- Michigan
- Virginia
- New York
- Connecticut
- Maine
- Maryland
- Delaware
- New Jersey
- Rhode Island
- Vermont
- Massachusetts
Medical marijuana laws vary by state on licensing requirements, what conditions are covered, etc.
States That Allow Recreational Marijuana
As of November 2023, Ohio became the 24th state to legalize marijuana for recreational use.
States that allow the use of recreational marijuana include:
- Washington
- Oregon
- California
- Nevada
- Alaska
- Arizona
- New Mexico
- Colorado
- Montana
- Minnesota
- Missouri
- Illinois
- Ohio
- Michigan
- Virginia
- New York
- Connecticut
- Maine
- Maryland
- Delaware
- New Jersey
- Rhode Island
- Vermont
- Massachusetts
Each state varies in terms of possession limits, growing limits, and the amount of concentrates someone is allowed to possess.
Learn About Treatment For Marijuana Abuse At Bedrock
While some people are able to use marijuana responsibly, there is a high potential for abuse. To learn more about marijuana abuse treatment, contact Bedrock Recovery Center today.
- American Bar Association https://www.americanbar.org/groups/business_law/resources/business-law-today/2022-april/a-cannabis-conflict-of-law-federal-vs-state-law/
- Congressional Research Service https://crsreports.congress.gov/product/pdf/IF/IF12270/
- Drug Enforcement Administration (DEA) https://www.dea.gov/operations/eradication-program/
- Mayo Clinic https://www.mayoclinic.org/healthy-lifestyle/consumer-health/in-depth/medical-marijuana/art-20137855/
- National Conference of State Legislatures https://www.ncsl.org/health/state-medical-cannabis-laws/
- Rockefeller Institute of Government https://rockinst.org/intheweeds/
- The United States Department of Justice (DOJ) https://www.ojp.gov/ncjrs/virtual-library/abstracts/dea-position-marijuana/