Mass. Gen. Laws » Part I Title XV Chapter 94C
Massachusetts General Laws

Mass. Gen. Laws ch. 94C, § 32L (2026)

Possession of 2 ounces or less of marihuana; civil penalty and forfeiture; other sanctions or disqualifications prohibited

✓ current as of July 2026
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Section 32L. Notwithstanding any general or special law to the contrary, possession of 2 ounces or less of marihuana shall only be a civil offense, subjecting an offender who is 18 to 21 years of age, inclusive, to a civil penalty of one hundred dollars and forfeiture of the marihuana, but not to any other form of criminal or civil punishment or disqualification. An offender under the age of eighteen shall be subject to the same forfeiture and civil penalty provisions, provided he or she completes a drug awareness program which meets the criteria set forth in Section 32M of this Chapter. The parents or legal guardian of any offender under the age of eighteen shall be notified in accordance with Section 32N of this Chapter of the offense and the availability of a drug awareness program and community service option. If an offender under the age of eighteen fails within one year of the offense to complete both a drug awareness program and the required community service, the civil penalty may be increased pursuant to Section 32N of this Chapter to one thousand dollars and the offender and his or her parents shall be jointly and severally liable to pay that amount.

Except as specifically provided in section 24I of chapter 90, chapter 94G and chapter 387 of the acts of 2008, neither the Commonwealth nor any of its political subdivisions or their respective agencies, authorities or instrumentalities may impose any form of penalty, sanction or disqualification on an offender for possessing 2 ounces or less of marihuana. By way of illustration rather than limitation, possession of 2 ounces or less of marihuana shall not provide a basis to deny an offender student financial aid, public housing or any form of public financial assistance including unemployment benefits, to deny the right to operate a motor vehicle or to disqualify an offender from serving as a foster parent or adoptive parent. Information concerning the offense of possession of 2 ounces or less of marihuana shall not be deemed ''criminal offender record information,'' ''evaluative information,'' or ''intelligence information'' as those terms are defined in Section 167 of Chapter 6 of the General Laws and shall not be recorded in the Criminal Offender Record Information system.

As used herein, ''possession of 2 ounces or less of marihuana'' includes possession of 2 ounces or less of marihuana or tetrahydrocannabinol and having cannabinoids or cannibinoid metabolites in the urine, blood, saliva, sweat, hair, fingernails, toe nails or other tissue or fluid of the human body. Nothing contained herein shall be construed to repeal or modify existing laws, ordinances or bylaws, regulations, personnel practices or policies concerning the operation of motor vehicles or other actions taken while under the influence of marihuana or tetrahydrocannabinol, laws concerning the unlawful possession of prescription forms of marihuana or tetrahydrocannabinol such as Marinol, possession of more than 2 ounces of marihuana or tetrahydrocannabinol, or selling, manufacturing or trafficking in marihuana or tetrahydrocannabinol. Nothing contained herein shall prohibit a political subdivision of the Commonwealth from enacting ordinances or bylaws regulating or prohibiting the consumption of marihuana or tetrahydrocannabinol in public places and providing for additional penalties for the public use of marihuana or tetrahydrocannabinol.

Notes of Decisions
Cited in 37 cases (3 in the last 5 years), 2011–2026 · leading case: Commonwealth v. Cruz, 945 N.E.2d 899 (Mass. 2011).
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Commonwealth v. Cruz, 945 N.E.2d 899 (Mass. 2011). · cites it 14× “She explained that, since the passage of G. L. c. 94C, § 32L, decriminalizing possession of one ounce or less of marijuana, the odor of burnt marijuana "coupled with the driver's statement that he had been smoking earlier in the day" suggested that any marijuana that remained…”
Commonwealth v. Keefner, 961 N.E.2d 1083 (Mass. 2012). · cites it 14× “We transferred this case here on our motion to consider whether, in view of the enactment of G. L. c. 94C, § 32L, inserted by St. 2008, c.”
Commonwealth v. Rodriguez, 37 N.E.3d 611 (Mass. 2015). · cites it 10× “40, § 21D, provides, in pertinent part: "Any city or town may by ordinance or by-law not inconsistent with this section provide for non-criminal disposition of violations of any ordinance or by-law or any rule or regulation of any municipal officer, board or department the…”
Commonwealth v. Jackson, 985 N.E.2d 853 (Mass. 2013). · cites it 10× “See G. L. c. 94C, § 32L. The defendant stood up, and Byrne observed part of a plastic bag protruding from the defendant’s left pocket.”
Commonwealth v. Buckley, 90 N.E.3d 767 (Mass. 2018). · cites it 3× “94C, § 32N (directing police departments to "enforce [G. L. c. 94C, § 32L,] in a manner consistent with the non-criminal disposition provisions of [G.”
Figgs v. Boston Hous. Auth., 14 N.E.3d 229 (Mass. 2014). · cites it 7× “We conclude that, notwithstanding the enactment of G. L. c. 94C, § 32L, which decriminalized the possession of one ounce or less of marijuana, the BHA properly terminated Figgs’s participation in the Section 8 program due to evidence of other criminal activity in her rental…”
Commonwealth v. Sheridan, 25 N.E.3d 875 (Mass. 2015). · cites it 5× “” G. L. c. 94C, § 32L. Because it is not a crime, police observation of one ounce or less of marijuana is insufficient, by itself, to give rise to the probable cause necessary to conduct a search.”
Commonwealth v. Ilya I., a Juv., 470 Mass. 625 (Mass. 2015). · cites it 3× “Even after the passage of G. L. c. 94C, § 32L, which decriminalized the possession of one ounce or less of marijuana, we have accorded little weight to a juvenile's demeanor alone.”
Commonwealth v. Humberto H., 998 N.E.2d 1003 (Mass. 2013). · cites it 2× “G. L. c. 94C, § 32L. In addition, if a juvenile were to fail to complete both a drug awareness program and the required community service, the civil penalty may be increased to $1,000, and both the juvenile and his parents would be jointly and severally liable to pay that amount.”
Commonwealth v. Palmer, 985 N.E.2d 832 (Mass. 2013). · cites it 4× “In this case we consider again what impact, if any, G. L. c. 94C, § 32L (§ 32L), which decriminalizes possession of one ounce or less of marijuana, has on the provisions of G.”
Commonwealth v. Daniel, 985 N.E.2d 843 (Mass. 2013). · cites it 2× “3 See G. L. c. 94C, § 32L. The Commonwealth did not raise this argument in its opposition to the motions to suppress, or in its motion for reconsideration, nor were any questions at the evidentiary hearing specifically focused on that issue.”
Diaz Ortiz v. Garland, 23 F.4th 1 (1st Cir. 2022). · cites it 3× “See Mass. Gen. Laws ch. 94C, § 32L (effective July 28, 2017).”
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