Ch.21 Marijuana And Tobacco Flashcards
The cannabis control commission regulates the ______, _______ and _______ of marijuana and marijuana products
Cultivation, manufacturing, and retail sales
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
15
For civil fines give ___ copies to the OIC who retains one and sends the other to _____
2 copies
Sends other to clerk
How many copies of civil fines for children under 18 and where do they go?
3 copies
1 to parent
2 to OIC (who sends one to clerk)
Offenders age 18 and over that receive a civil marijuana fine may pay the fine or request a hearing within ____ days
21
If offender 18 or over is given a civil fine, and found responsible at the hearing, what is the penalty
Pay the fine
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
1 year
4hrs classroom
10hrs community service
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
$1000
During a marijuana hearing for someone under 18, in order to determine whether to increase the fine to $1000 the clerk must consider (3)
Parties ability to pay
Offenders ability to participate in program
Availability of program
If a juveniles marijuana fine is increased to $1000 who is liable for paying it
Child and parent both liable
All civil penalties collected from marijuana go to the
Town or city where the offense occurred
Right of arrest possession of marijuana (criminal amount)
Arrest on PC
Right of arrest distribution, possession with intent to distribute, manufacturing, or cultivation of marijuana
Arrest on PC
Right of arrest for paraphernalia sale or manufacture or possession with intent to sell paraphernalia to anyone under 21
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
What drug class is synthetic marijuana
C
Right of arrest for person 21 or over for publicly possessing, purchasing, or processing up to 1 ounce of marijuana
Nothing. Legal
Marijuana concentrate is defined as the _____ extracted
Resin
Right of arrest for adult possession of more than 1 ounce but less than 2 ounces of marijuana
$100 fine
forfeiture of excess marijuana
Right of arrest public possession 2oz or more
Arrest in presence
Right of arrest for juvenile in public possessing 2 ounces or more
Arrest in presence
A medical cardholder may possess and transport up to ____ ounces of marijuana or ____ ounces of concentrate
10
1.5
Medical marijuana card holders may possess and transport ____ day supply for patients
60 day
Fine for minor under 21 possessing 2 ounces or less of marijuana in private or public
$100
Penalty for internal possession by person under 21
$100 fine
Penalty for someone 21 or over possessing more than 2 ounces
Arrest
Can minors be medical marijuana patients
Yes
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
18
Medical marijuana patients under the age of ____ may only possess or use in the presence of their registered caregiver
18
The registered caregiver for a person under ____ must be a parent or guardian
18
Medical marijuana card holders 18-20 are allowed to possess ____ day supply of marijuana
60 day
Medical marijuana card holders 18-20 are allowed to possess ____ oz of marijuana or ____oz of concentrate
10
1.5
People under ____ may only possess or use in the presence of their registered caregiver
18
A juvenile who cultivates 12 or fewer plants in his residence is subject to
$100 fine
Drug awareness program
Parents notified
A 16-year-old juvenile who is cited for marijuana cultivation and fails to attend a drug program within one year maybe subject to
Juvenile complaint
Penalty for Juvenile growing more than 12 plants
Crime
Unless having a manufacture license, no person can manufacture marijuana by means of liquid or gas other than ______ that has a flashpoint below _____
Other than alcohol
Flashpoint below 100 degrees F
If a person is found to have manufactured marijuana (i.e created concentrate) for his own use what is the penalty?
No criminal penalty
Confiscate under forfeiture authority
Adults may possess 10 ounces or less of marijuana ____ marijuana produced by cultivating and processing 6 plants per adult or 12 plants per household
Plus
Can marijuana homegrows be outdoor and indoor?
Yes
Can landlords prevent tenants from smoking marijuana, or ingesting marijuana products on premises
Smoking marijuana yes
Ingesting marijuana no
What is the only exception where a landlord may prevent tenant from ingesting marijuana products on premises
If allowing so would cause the landlord to violate federal law (subsidized housing, college/university guidelines)
Can landlords forbid cultivation activities by their tenants
Yes
Medical marijuana card holders who allege __________ may obtain authorization to grow enough plants to obtain 10 ounces on a continuous 60 day cycle.
Financial and/or transportation hardship
Medical marijuana card holders who allege __________ may obtain authorization to grow enough plants to obtain 10 ounces on a continuous 60 day cycle.
Financial and/or transportation hardship
Where can people who possess a hardship cultivation registration grow their marijuana
At their own residence or that of their caregiver
Hardship cultivation registration holders must grow their marijuana in an ______, _______ ______not visible to the public
Enclosed, locked area
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
Medical marijuana regulations do not specify a maximum number of plants
No place except a primary residence may be used to grow marijuana without a _____ license
CCC
A person that grows a small amount of marijuana in a rented storage area or their workplace could be charged with
Unlawful cultivation
Without a CCC license marijuana may only be grown for personal use or small scale gifting of ____ ounces or less
1oz or less
If you have a hardship cultivation registration in the medical marijuana program, you can only gift marijuana in the amount of
No gifting or selling
What is the penalty for a non-medical person growing more than 6 plants but not more than 12 plants
$100 fine
Forfeit excess plants
Penalty for a homegrow that is visible to the naked eye from a public place
$300 fine
Forfeit visible plants
94G 13a
Chapter and section for improperly secured marijuana
94G/13b
Right of arrest for child endangerment due to marijuana use
Arrest for breach of peace in presence
Otherwise complaint
When does a person have to secure marijuana by a lock in their home?
When it’s more than 1 ounce
Right of arrest for a person possessing more than 1 ounce at home and not securing the additional with a lock
$100 fine
Forfeit excess
3 ways a person not in the medical program can be charged with illegal marijuana cultivation
- Not growing marijuana at primary residence
- Possessed more than 12 plants
- Sold or possessed with intent to sell, any amount of marijuana produced by the plants.
For unlawful cultivation with a hardship license there must be an intent to cultivate ________ or an intent to ______
Cultivate more than permitted amount
Intent to distribute
Can adults 21 and over (in public or private) legally possess, purchase, manufacture or obtain marijuana accessories
Yes
What do commercial businesses need in order to sell marijuana accessories to adults?
Nothing. No license needed.
Stores and businesses cannot sell or possess with intent to sell, marijuana accessories, to someone under
21
How is businesses and stores selling marijuana accessories regulated
Ordinance or bylaw
Can people under 21 legally purchase or possess marijuana accessories?
No
Penalty for a person under 21 purchasing or possessing marijuana accessories
No civil or criminal penalty
Can confiscate under forfeit statute and document in incident report
If someone under 21 doesn’t agree to forfeit their marijuana accessories what should the officer do?
Seek an order of forfeiture from the district court
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
Possessed with intent to sell-arrest
Sold to someone 18 -20 arrest
Sold to someone under 18-felony
Marijuana transfer to someone under _____ is illegal regardless if there is payment or not
21
Furnishing a.k.a. “social host law” forbids anyone from intentionally ______ anyone under _____ or allowing anyone under _____ to possess marijuana marijuana, products or accessories
Giving
21
21
Right of arrest for marijuana furnishing aka “social host law”
Arrest for breach of peace in presence
Otherwise complaint
Furnishing turns to criminal distribution if the suspect
Receives money or anything of value
Is five small bags without dealer paraphernalia in 15-year-olds possession sufficient proof of intent to distribute
No
3 ways someone procures or attempts to procure marijuana
Purchase or attempt to purchase
Make arrangements to purchase
Misrepresent their age or alter an ID
Cardholders age ______ do not need a parent or guardian to lawfully purchase marijuana for medical purposes
18-20
Cardholders under _____ must be with a parent or guardian caregiver to purchase marijuana
18
Penalty for procuring or attempting to procure marijuana
$100 fine
Drug program
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
Case may be filed as a delinquency proceeding in juvenile court
Licensed marijuana retailers may not be criminally charged if they ______ verify that the recipient appeared 21 or older and:
Presented a government ID containing a DOB
Penalty for open container of marijuana
$500 fine
Can adults over 21 publicly consume marijuana
No
Penalty for publicly consuming marijuana
$100 fine
Municipal ordinances and bylaw fines for public use of marijuana versus statute fine for public use of marijuana
Ordinance/bylaws $300 fine
Statute $100 fine
Are bylaws and ordinances for public consumption of marijuana arrestable
Bylaws- not arrestable
Ordinances- may authorize arrest
Penalty for smoking marijuana in any place where smoking tobacco is prohibited
$100 civil fine
People can smoke marijuana in cannabis cafés that have been authorized and licensed by
City or town
Are medical marijuana card holders exempt from public consumption under 94G/13c
Yes, but they may still be penalized under a bylaw or ordinance for smoking only (can’t prohibit edibles for medical marijuana cardholders)
Under 94G/13 can medical marijuana card holders smoke marijuana in public
Yes
Can property owners occupants, or managers, prohibit marijuana on their property?
May prohibit smoking, display and consumption, but not possession
Can employers prohibit marijuana in the workplace
Can restrict possession or consumption by employees in workplace
Government organizations may prohibit or regulate marijuana, possession or consumption in any building they _____, _____ or _____
Own, lease or occupy
What schools can prohibit possession or consumption of marijuana?
Preschools, kindergartens, or grades 1-12
Penalty for delivering or possessing with intent to deliver, any drug including marijuana, to any prisoner in a correctional institution
Felony
Penalty for someone convicted of delivering marijuana to a prisoner in the correctional institution under 268/28
SP NMT 5 years or HC NMT 2 years or fine NMT $1000
Penalty for concealing marijuana in a vehicle or on the grounds of any correctional institution with the intent that an inmate receive it
Violates 268/31 SP NMT 3yrs, HC NMT 2.5 years
Correct charge for bringing marijuana into police or courthouse lock up with the intention of giving it to an inmate
Charge distribution or possession with intent to distribute
As part of trespass, the ejection of a person from the property may be based on the violation of
A reasonable rule
Right of arrest for failing to leave a property after being told to do so for a marijuana violation
Arrest in presence (trespass)
A person cannot be disqualified from getting a firearm license for a legal marijuana activity and illegal activity that only draws a:
Civil fine
Can a person be deemed not suitable for a firearms license for excessive consumption of marijuana?
Yes
Right of arrest for carrying a firearm under the influence of marijuana
Arrest in presence for breach of peace
Otherwise complaint
FIU standard is _______ _______to carry again safely
Diminished ability
For medical marijuana, the cannabis control commission issues cards to eligible (4):
Patients
Personal caregivers
Dispensary agents
Cultivators
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 _____
Debilitating medical condition
15 days
1 year
Qualifications needed for a patient under 18 to receive a medical marijuana card
Diagnosed by two doctors, one must be a pediatrician
Have a parent or guardian as caregiver
How old does someone have to be to be a personal caregiver?
21
How old to be a volunteer at a dispensary
21
Medical marijuana card holders can possess no more than a ____ day supply, which CCC has determined to be _____
60 day
10oz
Can a medical marijuana cardholder share marijuana with somebody else?
No
Medical marijuana cardholder must notify CCC within ___business days of any change in information or lost or stolen card
5 business days
Where can personal caregivers transport marijuana?
To and from registered medical dispensary
Do patients and caregivers have to present their registration cards to law-enforcement
Yes
What do patients have to present to law-enforcement in addition to the registration card?
Second ID
What should officers do if a patient doesn’t have their medical marijuana card on them
Look it up in CJIS using persons name, dob, and mothers maiden name
Do registered marijuana dispensaries have to allow access to law-enforcement within their jurisdiction
Yes
Registered marijuana dispensaries must allow CCC to inspect RMD and affiliated vehicles as long as they have how much notice
No prior notice needed
Registered marijuana dispensaries must report any critical incident to law-enforcement and CCC within ____ and file a written report within ____
24 hours
10 days
If a dispensary agent is affiliated with multiple RMD’s, how many times do they have to register as a dispensary agent?
Must be registered by each RMD
Can registered marijuana dispensary, sell marijuana to a patient or caregiver with a cultivation registration
No, except for seeds
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)
After a hearing, CCC may revoke the registration card
What should police do if they discover a card holder violating a medical marijuana regulation
Submit their incident report to CCC and request that the subjects card be revoked
Standard of proof to revoke someone’s medical marijuana card
Preponderance of the evidence
ENDS (aka vape) stands for
Electronic nicotine delivery system
Penalty for selling or given a tobacco product to someone under 21
1st offense
2nd offense
3rd offense
Fine NLT $1000
Fine NLT $2000
Fine NLT $5000
Penalty for the manufacturer or retailer distributing free samples
1st offense
2nd offense
3rd offense
Fine NLT $1000
Fine NLT $2000
Fine NLT $5000
Penalty for selling rolling papers to a person under 21
1st offense
2nd offense
3rd offense
Fine NLT $25
Fine NLT $50
Fine NLT $100
Penalty for a retail store that fails to post to sign with law and referral information for smoking programs
Fine NMT $50
Penalty for selling or offering to sell a flavored tobacco product or flavor enhancer
1st offense
2nd offense
3rd offense
$1000
$2000
$5000
Penalty for knowingly, selling, distributing or importing a liquid or substance containing nicotine unless a child resistant package
1st offense
2nd offense
3rd offense
$250
$500
$1,000
Police response for somebody smoking or carrying lit cigarette on an MBTA bus train or in a train station
Must issue $25 civil ticket. If offender continues to smoke after notice then arrest. HC NMT 10 days, $100 fine
Penalty for student using tobacco product on school grounds or school sponsored event
No penalty. Student discipline
Penalty for adult using tobacco products on school grounds, school bus,or school sponsored event
No penalty given, administrative penalty established by local board of health
Penalty for removing the required sign from a retail store that lists law and referral information for smoking programs
$10 fine
Penalty for selling or intending to sell any amount of marijuana anywhere
Immediate arrest
94C/32C
What constitutes illegal gift of marijuana?
Age
Amount
Value
Added factor
21-21
1oz , 5g concentrate
No value
No advertising or promotion
Penalty for selling a bong to someone 18-20
Immediate arrest
Penalty for selling a bong to a 17-year-old
Felony
Paraphernalia statue is 94C/32 ( )
94C/32L
Statute for furnishing a.k.a. social host law
94G/13 (i)
Statue for criminal cultivation of marijuana
94C/32C
Statute for criminal public possession over 2 ounces at any age
94C/34
Statute for public consumption or smoking marijuana where tobacco smoking is prohibited
94G/13(c)
