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Crim Law Other > Ch.21 Marijuana And Tobacco > Flashcards

Ch.21 Marijuana And Tobacco Flashcards

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1
Q

The cannabis control commission regulates the ______, _______ and _______ of marijuana and marijuana products

A

Cultivation, manufacturing, and retail sales

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2
Q

When giving a civil bylaw or city ordinance fine, if you cannot give a copy to the offender at the time and place a violation, you should mail or deliver a copy to his last known residence within ____ days

A

15

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3
Q

For civil fines give ___ copies to the OIC who retains one and sends the other to _____

A

2 copies
Sends other to clerk

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4
Q

How many copies of civil fines for children under 18 and where do they go?

A

3 copies
1 to parent
2 to OIC (who sends one to clerk)

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5
Q

Offenders age 18 and over that receive a civil marijuana fine may pay the fine or request a hearing within ____ days

A

21

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6
Q

If offender 18 or over is given a civil fine, and found responsible at the hearing, what is the penalty

A

Pay the fine

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7
Q

For offenders under 18 that receive a civil marijuana fine, the parent must file a certificate with the clerk that shows the child completed the drug program within ____ of the date of the offense. The program must provide ____ hour classroom instruction and ____ hour community service

A

1 year
4hrs classroom
10hrs community service

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8
Q

If a person under 18 does not complete the drug program after receiving marijuana fine, a clerk will conduct a hearing with the parent, offender and officer and determine whether to increase fine to

A

$1000

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9
Q

During a marijuana hearing for someone under 18, in order to determine whether to increase the fine to $1000 the clerk must consider (3)

A

Parties ability to pay
Offenders ability to participate in program
Availability of program

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10
Q

If a juveniles marijuana fine is increased to $1000 who is liable for paying it

A

Child and parent both liable

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11
Q

All civil penalties collected from marijuana go to the

A

Town or city where the offense occurred

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12
Q

Right of arrest possession of marijuana (criminal amount)

A

Arrest on PC

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13
Q

Right of arrest distribution, possession with intent to distribute, manufacturing, or cultivation of marijuana

A

Arrest on PC

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14
Q

Right of arrest for paraphernalia sale or manufacture or possession with intent to sell paraphernalia to anyone under 21

A

Possession/manufacture with intent to sell to anyone under 21- arrest in presence
Actual sale to person 18-20-arrest in presence
Actual sale to someone under 18-felony

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15
Q

What drug class is synthetic marijuana

A

C

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16
Q

Right of arrest for person 21 or over for publicly possessing, purchasing, or processing up to 1 ounce of marijuana

A

Nothing. Legal

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17
Q

Marijuana concentrate is defined as the _____ extracted

A

Resin

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18
Q

Right of arrest for adult possession of more than 1 ounce but less than 2 ounces of marijuana

A

$100 fine
forfeiture of excess marijuana

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19
Q

Right of arrest public possession 2oz or more

A

Arrest in presence

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20
Q

Right of arrest for juvenile in public possessing 2 ounces or more

A

Arrest in presence

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21
Q

A medical cardholder may possess and transport up to ____ ounces of marijuana or ____ ounces of concentrate

A

10
1.5

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22
Q

Medical marijuana card holders may possess and transport ____ day supply for patients

A

60 day

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23
Q

Fine for minor under 21 possessing 2 ounces or less of marijuana in private or public

A

$100

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24
Q

Penalty for internal possession by person under 21

A

$100 fine

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25
Q

Penalty for someone 21 or over possessing more than 2 ounces

A

Arrest

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26
Q

Can minors be medical marijuana patients

A

Yes

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27
Q

In order to become a medical marijuana cardholder, someone under the age of ____ must be certified by two physicians, one of them being a pediatrician

A

18

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28
Q

Medical marijuana patients under the age of ____ may only possess or use in the presence of their registered caregiver

A

18

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29
Q

The registered caregiver for a person under ____ must be a parent or guardian

A

18

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30
Q

Medical marijuana card holders 18-20 are allowed to possess ____ day supply of marijuana

A

60 day

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31
Q

Medical marijuana card holders 18-20 are allowed to possess ____ oz of marijuana or ____oz of concentrate

A

10
1.5

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32
Q

People under ____ may only possess or use in the presence of their registered caregiver

A

18

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33
Q

A juvenile who cultivates 12 or fewer plants in his residence is subject to

A

$100 fine
Drug awareness program
Parents notified

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34
Q

A 16-year-old juvenile who is cited for marijuana cultivation and fails to attend a drug program within one year maybe subject to

A

Juvenile complaint

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35
Q

Penalty for Juvenile growing more than 12 plants

A

Crime

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36
Q

Unless having a manufacture license, no person can manufacture marijuana by means of liquid or gas other than ______ that has a flashpoint below _____

A

Other than alcohol
Flashpoint below 100 degrees F

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37
Q

If a person is found to have manufactured marijuana (i.e created concentrate) for his own use what is the penalty?

A

No criminal penalty
Confiscate under forfeiture authority

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38
Q

Adults may possess 10 ounces or less of marijuana ____ marijuana produced by cultivating and processing 6 plants per adult or 12 plants per household

A

Plus

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39
Q

Can marijuana homegrows be outdoor and indoor?

A

Yes

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40
Q

Can landlords prevent tenants from smoking marijuana, or ingesting marijuana products on premises

A

Smoking marijuana yes
Ingesting marijuana no

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41
Q

What is the only exception where a landlord may prevent tenant from ingesting marijuana products on premises

A

If allowing so would cause the landlord to violate federal law (subsidized housing, college/university guidelines)

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42
Q

Can landlords forbid cultivation activities by their tenants

A

Yes

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43
Q

Medical marijuana card holders who allege __________ may obtain authorization to grow enough plants to obtain 10 ounces on a continuous 60 day cycle.

A

Financial and/or transportation hardship

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44
Q

Medical marijuana card holders who allege __________ may obtain authorization to grow enough plants to obtain 10 ounces on a continuous 60 day cycle.

A

Financial and/or transportation hardship

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45
Q

Where can people who possess a hardship cultivation registration grow their marijuana

A

At their own residence or that of their caregiver

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46
Q

Hardship cultivation registration holders must grow their marijuana in an ______, _______ ______not visible to the public

A

Enclosed, locked area

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47
Q

There can only be one medical marijuana grow per address, unless there is proof that multiple hardship patients live there. Medical marijuana regulations specify a maximum of _____ plants

A

Medical marijuana regulations do not specify a maximum number of plants

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48
Q

No place except a primary residence may be used to grow marijuana without a _____ license

A

CCC

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49
Q

A person that grows a small amount of marijuana in a rented storage area or their workplace could be charged with

A

Unlawful cultivation

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50
Q

Without a CCC license marijuana may only be grown for personal use or small scale gifting of ____ ounces or less

A

1oz or less

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51
Q

If you have a hardship cultivation registration in the medical marijuana program, you can only gift marijuana in the amount of

A

No gifting or selling

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52
Q

What is the penalty for a non-medical person growing more than 6 plants but not more than 12 plants

A

$100 fine
Forfeit excess plants

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53
Q

Penalty for a homegrow that is visible to the naked eye from a public place

A

$300 fine
Forfeit visible plants
94G 13a

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54
Q

Chapter and section for improperly secured marijuana

A

94G/13b

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55
Q

Right of arrest for child endangerment due to marijuana use

A

Arrest for breach of peace in presence
Otherwise complaint

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56
Q

When does a person have to secure marijuana by a lock in their home?

A

When it’s more than 1 ounce

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57
Q

Right of arrest for a person possessing more than 1 ounce at home and not securing the additional with a lock

A

$100 fine
Forfeit excess

58
Q

3 ways a person not in the medical program can be charged with illegal marijuana cultivation

A
  1. Not growing marijuana at primary residence
  2. Possessed more than 12 plants
  3. Sold or possessed with intent to sell, any amount of marijuana produced by the plants.
59
Q

For unlawful cultivation with a hardship license there must be an intent to cultivate ________ or an intent to ______

A

Cultivate more than permitted amount
Intent to distribute

60
Q

Can adults 21 and over (in public or private) legally possess, purchase, manufacture or obtain marijuana accessories

A

Yes

61
Q

What do commercial businesses need in order to sell marijuana accessories to adults?

A

Nothing. No license needed.

62
Q

Stores and businesses cannot sell or possess with intent to sell, marijuana accessories, to someone under

A

21

63
Q

How is businesses and stores selling marijuana accessories regulated

A

Ordinance or bylaw

64
Q

Can people under 21 legally purchase or possess marijuana accessories?

A

No

65
Q

Penalty for a person under 21 purchasing or possessing marijuana accessories

A

No civil or criminal penalty
Can confiscate under forfeit statute and document in incident report

66
Q

If someone under 21 doesn’t agree to forfeit their marijuana accessories what should the officer do?

A

Seek an order of forfeiture from the district court

67
Q

Right of arrest for any person (adult or minor) that sold, possessed with intent to sell, or manufactured with intent to sell, marijuana accessories to someone under 21

A

Possessed with intent to sell-arrest
Sold to someone 18 -20 arrest
Sold to someone under 18-felony

68
Q

Marijuana transfer to someone under _____ is illegal regardless if there is payment or not

A

21

69
Q

Furnishing a.k.a. “social host law” forbids anyone from intentionally ______ anyone under _____ or allowing anyone under _____ to possess marijuana marijuana, products or accessories

A

Giving
21
21

70
Q

Right of arrest for marijuana furnishing aka “social host law”

A

Arrest for breach of peace in presence
Otherwise complaint

71
Q

Furnishing turns to criminal distribution if the suspect

A

Receives money or anything of value

72
Q

Is five small bags without dealer paraphernalia in 15-year-olds possession sufficient proof of intent to distribute

A

No

73
Q

3 ways someone procures or attempts to procure marijuana

A

Purchase or attempt to purchase
Make arrangements to purchase
Misrepresent their age or alter an ID

74
Q

Cardholders age ______ do not need a parent or guardian to lawfully purchase marijuana for medical purposes

A

18-20

75
Q

Cardholders under _____ must be with a parent or guardian caregiver to purchase marijuana

A

18

76
Q

Penalty for procuring or attempting to procure marijuana

A

$100 fine
Drug program

77
Q

If a 16-year-old procured or attempted to procure marijuana and didn’t complete the required drug program within 1 year what can happen

A

Case may be filed as a delinquency proceeding in juvenile court

78
Q

Licensed marijuana retailers may not be criminally charged if they ______ verify that the recipient appeared 21 or older and:

A

Presented a government ID containing a DOB

79
Q

Penalty for open container of marijuana

A

$500 fine

80
Q

Can adults over 21 publicly consume marijuana

A

No

81
Q

Penalty for publicly consuming marijuana

A

$100 fine

82
Q

Municipal ordinances and bylaw fines for public use of marijuana versus statute fine for public use of marijuana

A

Ordinance/bylaws $300 fine
Statute $100 fine

83
Q

Are bylaws and ordinances for public consumption of marijuana arrestable

A

Bylaws- not arrestable
Ordinances- may authorize arrest

84
Q

Penalty for smoking marijuana in any place where smoking tobacco is prohibited

A

$100 civil fine

85
Q

People can smoke marijuana in cannabis cafés that have been authorized and licensed by

A

City or town

86
Q

Are medical marijuana card holders exempt from public consumption under 94G/13c

A

Yes, but they may still be penalized under a bylaw or ordinance for smoking only (can’t prohibit edibles for medical marijuana cardholders)

87
Q

Under 94G/13 can medical marijuana card holders smoke marijuana in public

A

Yes

88
Q

Can property owners occupants, or managers, prohibit marijuana on their property?

A

May prohibit smoking, display and consumption, but not possession

89
Q

Can employers prohibit marijuana in the workplace

A

Can restrict possession or consumption by employees in workplace

90
Q

Government organizations may prohibit or regulate marijuana, possession or consumption in any building they _____, _____ or _____

A

Own, lease or occupy

91
Q

What schools can prohibit possession or consumption of marijuana?

A

Preschools, kindergartens, or grades 1-12

92
Q

Penalty for delivering or possessing with intent to deliver, any drug including marijuana, to any prisoner in a correctional institution

A

Felony

93
Q

Penalty for someone convicted of delivering marijuana to a prisoner in the correctional institution under 268/28

A

SP NMT 5 years or HC NMT 2 years or fine NMT $1000

94
Q

Penalty for concealing marijuana in a vehicle or on the grounds of any correctional institution with the intent that an inmate receive it

A

Violates 268/31 SP NMT 3yrs, HC NMT 2.5 years

95
Q

Correct charge for bringing marijuana into police or courthouse lock up with the intention of giving it to an inmate

A

Charge distribution or possession with intent to distribute

96
Q

As part of trespass, the ejection of a person from the property may be based on the violation of

A

A reasonable rule

97
Q

Right of arrest for failing to leave a property after being told to do so for a marijuana violation

A

Arrest in presence (trespass)

98
Q

A person cannot be disqualified from getting a firearm license for a legal marijuana activity and illegal activity that only draws a:

A

Civil fine

99
Q

Can a person be deemed not suitable for a firearms license for excessive consumption of marijuana?

A

Yes

100
Q

Right of arrest for carrying a firearm under the influence of marijuana

A

Arrest in presence for breach of peace
Otherwise complaint

101
Q

FIU standard is _______ _______to carry again safely

A

Diminished ability

102
Q

For medical marijuana, the cannabis control commission issues cards to eligible (4):

A

Patients
Personal caregivers
Dispensary agents
Cultivators

103
Q

Patients may receive a medical marijuana card if they have a _________ condition and certification from a Massachusetts physician for a minimum of _____ days and maximum of _____

A

Debilitating medical condition
15 days
1 year

104
Q

Qualifications needed for a patient under 18 to receive a medical marijuana card

A

Diagnosed by two doctors, one must be a pediatrician
Have a parent or guardian as caregiver

105
Q

How old does someone have to be to be a personal caregiver?

A

21

106
Q

How old to be a volunteer at a dispensary

A

21

107
Q

Medical marijuana card holders can possess no more than a ____ day supply, which CCC has determined to be _____

A

60 day
10oz

108
Q

Can a medical marijuana cardholder share marijuana with somebody else?

A

No

109
Q

Medical marijuana cardholder must notify CCC within ___business days of any change in information or lost or stolen card

A

5 business days

110
Q

Where can personal caregivers transport marijuana?

A

To and from registered medical dispensary

111
Q

Do patients and caregivers have to present their registration cards to law-enforcement

A

Yes

112
Q

What do patients have to present to law-enforcement in addition to the registration card?

A

Second ID

113
Q

What should officers do if a patient doesn’t have their medical marijuana card on them

A

Look it up in CJIS using persons name, dob, and mothers maiden name

114
Q

Do registered marijuana dispensaries have to allow access to law-enforcement within their jurisdiction

A

Yes

115
Q

Registered marijuana dispensaries must allow CCC to inspect RMD and affiliated vehicles as long as they have how much notice

A

No prior notice needed

116
Q

Registered marijuana dispensaries must report any critical incident to law-enforcement and CCC within ____ and file a written report within ____

A

24 hours
10 days

117
Q

If a dispensary agent is affiliated with multiple RMD’s, how many times do they have to register as a dispensary agent?

A

Must be registered by each RMD

118
Q

Can registered marijuana dispensary, sell marijuana to a patient or caregiver with a cultivation registration

A

No, except for seeds

119
Q

Penalty for marijuana card holder that commits violation of a registered marijuana dispensary (obtains too much, fails to notify of card loss, submits false info, etc)

A

After a hearing, CCC may revoke the registration card

120
Q

What should police do if they discover a card holder violating a medical marijuana regulation

A

Submit their incident report to CCC and request that the subjects card be revoked

121
Q

Standard of proof to revoke someone’s medical marijuana card

A

Preponderance of the evidence

122
Q

ENDS (aka vape) stands for

A

Electronic nicotine delivery system

123
Q

Penalty for selling or given a tobacco product to someone under 21
1st offense
2nd offense
3rd offense

A

Fine NLT $1000
Fine NLT $2000
Fine NLT $5000

124
Q

Penalty for the manufacturer or retailer distributing free samples
1st offense
2nd offense
3rd offense

A

Fine NLT $1000
Fine NLT $2000
Fine NLT $5000

125
Q

Penalty for selling rolling papers to a person under 21
1st offense
2nd offense
3rd offense

A

Fine NLT $25
Fine NLT $50
Fine NLT $100

126
Q

Penalty for a retail store that fails to post to sign with law and referral information for smoking programs

A

Fine NMT $50

127
Q

Penalty for selling or offering to sell a flavored tobacco product or flavor enhancer
1st offense
2nd offense
3rd offense

A

$1000
$2000
$5000

128
Q

Penalty for knowingly, selling, distributing or importing a liquid or substance containing nicotine unless a child resistant package
1st offense
2nd offense
3rd offense

A

$250
$500
$1,000

129
Q

Police response for somebody smoking or carrying lit cigarette on an MBTA bus train or in a train station

A

Must issue $25 civil ticket. If offender continues to smoke after notice then arrest. HC NMT 10 days, $100 fine

130
Q

Penalty for student using tobacco product on school grounds or school sponsored event

A

No penalty. Student discipline

131
Q

Penalty for adult using tobacco products on school grounds, school bus,or school sponsored event

A

No penalty given, administrative penalty established by local board of health

132
Q

Penalty for removing the required sign from a retail store that lists law and referral information for smoking programs

A

$10 fine

133
Q

Penalty for selling or intending to sell any amount of marijuana anywhere

A

Immediate arrest
94C/32C

134
Q

What constitutes illegal gift of marijuana?
Age
Amount
Value
Added factor

A

21-21
1oz , 5g concentrate
No value
No advertising or promotion

135
Q

Penalty for selling a bong to someone 18-20

A

Immediate arrest

136
Q

Penalty for selling a bong to a 17-year-old

A

Felony

137
Q

Paraphernalia statue is 94C/32 ( )

A

94C/32L

138
Q

Statute for furnishing a.k.a. social host law

A

94G/13 (i)

139
Q

Statue for criminal cultivation of marijuana

A

94C/32C

140
Q

Statute for criminal public possession over 2 ounces at any age

A

94C/34

141
Q

Statute for public consumption or smoking marijuana where tobacco smoking is prohibited

A

94G/13(c)

Crim Law Other (27 decks)

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