Can I legally smoke recreational marijuana in public in the state of Massachusetts?

While marijuana use is legal in Massachusetts for people 21 and older, that doesn’t mean you can use it anywhere you want.

Only adults 21 or older can legally purchase and possess marijuana, except for those who are registered patients. Consuming even legally purchased cannabis in Massachusetts at a public place is illegal under state law. This covers smoking, vaping, and cannabis-infused foods.

While your safest bet is smoking in your home, if you have roommates or a landlord who doesn’t want you smoking there, you might be out of luck. Landlords can place restrictions on whether you can smoke in your home, just like they can with cigarettes.

The civil penalty for consuming marijuana in public or smoking marijuana, where smoking tobacco is prohibited is up to $100. While consumption in public is illegal, if you are 21, you may possess up to 1 ounce of marijuana on your person.

Local police may handle public use of marijuana by applying the law which prohibits public consumption of marijuana in Massachusetts and may result in a $100 fine. While the law does not apply to medical marijuana, officers in towns which have accepted a public use bylaw may enforce public use of medical marijuana as well, which may range from a $100 to $300 fine.

Keep in mind, Massachusetts law also forbids open containers of marijuana in vehicles and is enforceable by a $500 fine.

If you have any questions regarding the legal use of marijuana in Massachusetts, give our office a call for assistance.

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