Massachusetts General Laws

Mass. Gen. Laws ch. 94C, § 32N (2026)

Possession of one ounce or less of marihuana; enforcement consistent with non-criminal disposition provisions of Sec. 21D of Chapter 40; duty of police department; notice; failure to file certificate of completion of drug awareness program

✓ current as of July 2026
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Section 32N. The police department serving each political subdivision of the Commonwealth shall enforce Section 32L in a manner consistent with the non-criminal disposition provisions of Section 21D of Chapter 40 of the General Laws, as modified in this Section.

The person in charge of each such department shall direct the department's public safety officer or another appropriate member of the department to function as a liaison between the department and persons providing drug awareness programs pursuant to Section 32M of this Chapter and the Clerk–Magistrate's office of the District Court serving the political subdivision. The person in charge shall also issue books of non-criminal citation forms to the department's officers which conform with the provisions of this Section and Section 21D of Chapter 40 of the General Laws.

In addition to the notice requirements set forth in Section 21D of Chapter 40 of the General Laws, a second copy of the notice delivered to an offender under the age of eighteen shall be mailed or delivered to at least one of that offender's parents having custody of the offender, or, where there is no such person, to that offender's legal guardian at said parent or legal guardian's last known address. If an offender under the age of eighteen, a parent or legal guardian fails to file with the Clerk of the appropriate Court a certificate that the offender has completed a drug awareness program in accordance with Section 32M within one year of the relevant offense, the Clerk shall notify the offender, parent or guardian and the enforcing person who issued the original notice to the offender of a hearing to show cause why the civil penalty should not be increased to one thousand dollars. Factors to be considered in weighing cause shall be limited to financial capacity to pay any increase, the offender's ability to participate in a compliant drug awareness program and the availability of a suitable drug awareness program. Any civil penalties imposed under the provisions of ''An Act Establishing A Sensible State Marihuana Policy'' shall inure to the city or town where the offense occurred.

Notes of Decisions
Cited in 7 cases, 2011–2018 · 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 6× “[23] Further, G. L. c. 94C, § 32N, provides a clear directive to police departments handling violators to treat commission of this offense as non-criminal.”
Commonwealth v. Rodriguez, 37 N.E.3d 611 (Mass. 2015). · cites it 4× “12 General Laws c. 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…”
Commonwealth v. Buckley, 90 N.E.3d 767 (Mass. 2018). · cites it 2× “14 unless one of the 16 See G. L. c. 94C, § 32N (directing police departments to "enforce [G.”
Commonwealth v. Keefner, 961 N.E.2d 1083 (Mass. 2012). “94C, § 32M, requires youthful offenders to complete a drug awareness program “within one year of the offense for possession of one ounce or less of marihauna.”
Commonwealth v. Craan, 13 N.E.3d 569 (Mass. 2014). “Where the 2008 initiative decriminalized possession of one ounce or less of marijuana under State law, and accordingly removed police authority to arrest individuals for civil violations, see G. L. c. 94C, § 32N, it also must be read as curtailing police authority to enforce the…”
Commonwealth v. Sheridan, 25 N.E.3d 875 (Mass. 2015). “1 They also could have issued a civil citation, see G. L. c. 94C, § 32N, and pursued the forfeiture of the marijuana, see G.”
Commonwealth v. Bones, 106 N.E.3d 1135 (Mass. App. Ct. 2018). “Contrast, G. L. c. 94C, § 32N (directing police departments to enforce G.”
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