In 2016, Massachusetts became one of 10 states in the Union to legalize the recreational use of marijuana. The state had previously approved the medical use of the drug, and passed laws decriminalizing the drug for minor possession issues. However, even after voters approved the recreational use of the drug, it would be another two years before the first recreational dispensaries would open. The first dispensaries opened in Northampton, Easthampton, and Springfield, MA. Whether other dispensaries are opened in other cities remains to be seen; though recreational use was legalized, towns and municipalities had the authority to ban the sale in their locales and many did so.
Just Because it is Legal in Massachusetts Does Not Mean it is Legal Elsewhere
Massachusetts is bordered by four states: Connecticut, New York, Vermont, and New Hampshire. Vermont legalized recreational use of marijuana in 2018. Connecticut, New York, and New Hampshire have all decriminalized recreational use and possession; however, each state has varying degrees of legality. Connecticut has decriminalized possession of less than half an ounce by individuals over 21, but it is a felony to grow your own marijuana or to transport it. New York has decriminalized recreational use and possession, unless you are using in public where others can see you, and it has maintained growing marijuana as a misdemeanor. Finally, Connecticut has decriminalized possession of less than three-quarters of an ounce.
Confusion or Misunderstanding of the Law is Not a Defense
“These differing laws present the serious possibility that by going to Massachusetts to legally obtain marijuana for recreational use, failing to consume the full amount purchased, and driving back across state lines without thinking could result in being charged with a serious crime,” said Sean Barrett, a Connecticut Drug Crimes attorney with the law firm of Billings, Barrett & Bowman, LLC in New Haven, Connecticut. Transportation of marijuana in Connecticut is a felony, which could result in jail time, and possession of amounts in excess of one-half an ounce can result in up to five years in prison and a $2,000 fine.
Though a purchaser may not understand the differences in the laws of Connecticut and Massachusetts, simply being unaware of the legal differences is not a defense. It is the responsibility of the individual that chooses to purchase marijuana in another state to make themselves aware of the legal differences and the possible punishments, and act according.
Being Charged with Possession or Transportation in Connecticut
If you have been charged with possession of marijuana in excess of one-half an ounce, or have been charged with transporting marijuana, you face the possibility of jail time and fines. Do not try and negotiate matters without legal representation. An experienced Connecticut Drug Crimes attorney can explain your possible punishments, analyze your previous criminal record, and make suggestions about steps to take. He or she will also be able to try and negotiate a plea bargain with the prosecutor to avoid jail time and/or fines if the situation warrants.
Ultimately, it is up to the user to understand the law and takes steps to avoid running afoul of that law. However, if you are caught in violation of Connecticut’s laws, do not wait to consult with an experienced Connecticut Drug Crimes attorney.
