Will “Gifting” Someone Cannabis Get You Arrested in Massachusetts?
Marijuana has been available for recreational use in Massachusetts since late 2018 after it was legalized by voters in 2016. The first recreational marijuana sales took place in Berkshire County in January of 2019 with the opening of Theory Wellness in Great Barrington, Massachusetts and it's been off to the races since then.
Early last year it was estimated that there were just over 175 marijuana dispensaries in Massachusetts, about 100 of them being recreational and 65 serving medical licenses as well. Everything from edible chocolates to pre-rolled joints and even cannabis drinks are far game for adults in the Bay State, but there are some rules and regulations that must be followed. Including how much you can "gift" to someone else.
Most adults would never think twice about picking up a bottle of a friend's spirit to give as a gift or to pass out bottles of homemade wine to family and friends during the holidays. It's perfectly acceptable to gift another adult with alcohol, but what about marijuana?
It is Legal to Gift Adults in Massachusetts Cannabis, Under a Certain Amount
Massachusetts State Law states that some 21 or older may gift up to an ounce of marijuana to another adult 21 years or older as long as there is no exchange of money, and the gifting was not advertised or promoted to the public. The latter regulation applies to a licensed marijuana retailer "gifting" products to customers.
While you can grow your own marijuana at home and gift under an ounce to other adults, it is illegal to charge your friends for any of your homegrown cannabis.