Cannabis Law
From dispensaries to grow facilities and independent testing laboratories, OKarmaLaw has been advising clients since the legalization of Marijuana was established through 935 CMR 500
MASSACHUSETTS CANNABIS LAWS & RIGHTS
Possession Laws – Recreational use laws allow up to 6 plants per adult, or 12 per two-adult households. You may travel with up to one ounce, and have up to ten ounces at your home. You may not sell it without a license, but you may “gift” an ounce. Like alcohol, you must be 21 years old to purchase from a Marijuana Retailer.
Open Container – Like alcohol, you cannot have an open container of adult-use marijuana or marijuana products in the passenger area of your car while on the road or at a place where the public has access, and violations could have civil penalties of up to $500.00 or criminal charges. An “open container” includes a package with its seal broken or a package from which the contents have been partially removed. The “passenger area” does not include a trunk or a locked glove compartment.
Operating Under the Influence – It is illegal to be under the influence of marijuana and operate a vehicle. Call us today if you’ve been charged.
Federal Law – Remember it is still illegal according to federal law to possess any cannabis that contains more than .03% Delta-9. Call us today to discuss the legal implications of different cannabinoids.
Our Practice Areas
Medical & Recreational Licencing and Regulatory Compliance
Commercial Real Estate Zoning and Permitting
Contract Negotiations
By Laws
LLC Operating Agreements
Intellectual Property Protections
Host Community Agreements
Host Community Agreements
Under state law, Marijuana Establishments (ME) and Medical Marijuana Treatment Centers (MTC) must execute Host Community Agreements (HCA) with the municipalities in which they plan to operate. This is one of the most difficult areas of negotiations for new establishments.
In addition to the mandatory 6.25% sales tax and 10.75% excise tax on marijuana and marijuana products, municipalities may impose an optional 3% local tax as part of the HCA. The tax may be applied to adult-use retail sales only. Community impact fees are limited to a period of five years, although the parties may consider
negotiating a shorter duration. At the close of the term, the parties may negotiate terms of a new community impact fee, which is also capped at five years. OKarmalaw has successfully negotiated HCAs
for its clients, some of which have been able to waive the optional 3% community impact fee.