Massachusetts Questions 2 & 3 Explained

Since the election, I have received quite a few inquiries about the two Massachusetts Ballot Questions which passed, so I have decided to throw a quick overview together here.

Question 2 - Possession of Marijuana

The passing of Question 2 has replaced criminal penalties for possession of one ounce or less of marijuana with civil penalties.  Basically, if you are caught with an ounce or less of marijuana, it will be confiscated and you will receive a citation (ticket) with a fine of $100.00.  Information regarding such a civil penalty will be excluded from the Massachusetts criminal record information system.  Individuals under the age of 18 will be required to participate in a drug awareness program within one year of if offense, however, if the individual is under the age of 17, possession of marijuana may be grounds for “delinquency proceedings.”  If the offender fails to file a certificate that the offender has completed the required drug awareness program with a Clerk of the appropriate Court, than a hearing will be held to determine if the fine should be increased from $100.00 to $1,000.00.

City and towns are not permitted to impose any form of penalty, sanction, or disqualification on an offender for possessing one ounce or less of marijuana.  Possession of one ounce or less of marijuana may not be used as an excuse to deny you student financial aid, public housing, or any form of public financial assistance including unemployment benefits, to deny the right to operate a motor vehicle, or to disqualify the offender from serving as a foster or adoptive parent.

It is important to note the definition of possession, so I shall quote directly from the text of Question 2:

“As used herein, “possession of one ounce or less of marihuana” includes possession of one ounce or less of marihuana or tetrahydrocannabinol and having cannabinoids or cannibinoid metabolites in the urine, blood, saliva, sweat, hair, fingernails, toe nails or other tissue or fluid of the human body.”

While possession of one ounce or less of marijuana is no longer a criminal offense, driving under the influence still is.  Selling, manufacturing, or trafficking marijuana or tetrahydrocannabinol (THC) also remains within the realm of criminal offense.  While somewhat ambiguously written, I believe that employers are free to enforce “drug free” policies, so clarification of this point should be made before putting one’s employment at risk.  Unlawful possession of prescription forms of marijuana or THC such as Marinol is still a criminal offense.

Cities and towns WILL be able to enact ordinances which ban the public use of marijuana or THC, and additional penalties for violating such a ban if one exists.

The new law will go into effect 30 days after the Secretary of the Commonwealth certifies the election results with the Governor’s Council, which ordinarily meets in late November.  Happy New Year everyone!

Question 3 - Dog Racing

The passing of Question 3 imposes a ban on dog racing or racing meeting upon which betting or wagering occurs, and becomes effective on January 1, 2010.  The State Racing Commission will be prohibited from accepting or approving any application or request for racing dates for dog racing.  Any person who violates the ban could be required to pay a civil penalty (fine) of no less than $20,000.00.  The fine could end up being higher.

Similar Posts:

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• Post Election : Massachusetts Ballot Questions 1, 2, and 3
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• Massachusetts Question 2 : Mass. voters OK decriminalization of marijuana