Massachusetts

Implied Consent Laws

Drugs

Ch 90 Sec 24 - Learn More
No. If you have a driver's license, you have given your implied consent to chemical testing for BAC in the event you are arrested for driving a motor vehicle under the influence of intoxicating liquor; the implied consent law does not address individuals arrested for operating under the influence of substances other than alcohol. Therefore, there is no implied consent to testing for marijuana or other drugs.

Blood

Ch 90 Sec 24(1)(f)(1) Learn More
Yes, BUT: In Commonwealth v. Dennis, 96 Mass. App. Ct. 528 (2019), the Massachusetts Court of Appeals held that implied consent is insufficient for constitutionally adequate consent for a blood draw. Actual, voluntary consent is required. Nevertheless, refusal of a chemical test will result in a license suspension.

Urine

No
C. 90 s. 24(1)(f)(1) specifically references “a chemical test or analysis of his breath or blood”. Urine and/or oral fluids are not mentioned.

Oral Fluids

No
No. See above.

Other

Yes
Breath

DUI Statutes

Drugs

Sec 24.(1)(a)(1) - Learn More
Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270 shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of $250 against a person who is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $187.50 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.

Combined/Multiple Substance

Sec 24.(1)(a)(1) - Learn More
See above.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

Ch 90 Sec 24(1)(f)(1)(i-iii) and (Ch. 90 s. 24(1)(f)(2)(i-iii)- Learn More
There is no penalty for refusing a test to determine drug impairment. MA’s implied consent statute is specifically only applicable to OUI-Liquor offenses.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes/No
“Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph [24(1)](f)(1)] or in any proceedings provided for in s. 24N” (“suspension of operator’s license upon issuance of complaint”). – MGL c. 90 s. 24(1)(e).

Criminal Trial

No
See above.

ALR Laws

Cannabis

Yes

Length/Time of Restriction

Ch 90 Sec 24 - Learn More
First Offense: One year DL suspension, unless given a 24D disposition (see below).
Second Offense: Two Year DL suspension and pass a learner’s permit and road test. IIL required for any hardship license plus required for two years from full reinstatement.
Third Offense: Eight Year DL suspension and pass a learner’s permit exam and road test. IIL required for any hardship license plus required for two years from full reinstatement.
Fourth Offense: Ten Year DL suspension and pass a learner’s permit exam and road test. IIL required for any hardship license plus required for two years from full reinstatement.
Fifth or Greater Offense: Lifetime DL suspension. No hardship license provided by statute.

Hardship License Available

Yes
Except for fifth offenses or more.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

Yes
Second violation and above opens IIL requirement.

Other Drugs

Yes
Second violation and above opens IIL requirement.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

Implied Consent Refusal Under 21:
There is no implied consent for OUI-Drugs regardless of age and therefore no penalty for refusing a chemical test when arrested for OUI-Drugs. There is also no statutory penalty for taking a test and having any amount of drug in the blood. See comments, MGL c. 90 s. 24P(a). If, however, the minor is convicted of an OUI - Drugs, there are associated penalties. See comments, MGL c. 90, s. 24P(b) as well as MGL 90 . 24D, see comments..

Cannabis Per Se Statute

No

Threshold

No

Nanogram Limit

No

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available
First Offense OUI (and second offense only if the first offense was 10 or more years earlier). “This section shall not apply to individuals who caused serious personal injury to or the death of another person during the events that gave rise to the complaint or indictment for operating under the influence of alcohol.”
Defendant is eligible for c. 90 s. 24D disposition – the defendant “may if such person consents, be placed on probation for not more than two years and shall, as a condition of probation, be assigned to a driver alcohol education program as provided herein and, if deemed necessary by the court, to an alcohol or controlled substance abuse treatment or rehabilitation program or to both, and such person's license or right to operate shall be suspended for a period of no less than forty-five nor more than ninety days; provided, however, that if such person was under the age of twenty-one when the offense was committed, the person's license or right to operate shall be suspended for two hundred and ten days, and such person shall be assigned to a program specifically designed by the department of public health for the education and treatment of drivers who operates a motor vehicle after or while consuming alcohol, controlled substances or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270, except for a person aged 17 to 21, inclusive, whose blood alcohol percentage, by weight, was not less than .20, in which case such person shall be assigned to a driver alcohol treatment and rehabilitation program known as the "14-day second offender in-home program''.

Additional Penalties

Any person convicted of an OUI “may, as part of the disposition in the case, be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs.” See MGL c. 90 s. 24(1)(h)

Cannabis Impaired Driving Penalties

Ch 90 Sec 24 - Learn More
First offense – not more than 2.5 years of imprisonment and fine of $500-$5,000 and license suspension for 1 year.
Second offense – a fine of $600-$10,000 and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of such sentence. and license suspension for 2 years.
Second Offense Alternative Disposition, MGL c. 90 s. 24(1)(a)(4): A judge may “upon a written finding that appropriate and adequate treatment is available to the defendant and the defendant would benefit from such treatment and that the safety of the public would not be endangered, with the defendant's consent place a defendant on probation for two years; provided, however, that a condition for such probation shall be that the defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out patient counseling program designed for such offenders”
Third offense is a felony and punishable by “…a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for not less than one hundred and eighty days nor more than two and one-half years or by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor suspended…” license suspension for 8 years.
Fourth offense is a felony – Fine of $1500-$25,00 and “…imprisonment for not less than two years nor more than two and one-half years [ in the House of Correction], or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended…” and license suspension for 10 years. .
Fifth offense is a felony and punishable by “a fine of not less than $2,000 nor more than $50,000 and by imprisonment for not less than 2 and one-half years or by a fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state prison for not less than 2 and one-half years nor more than 5 years; provided, however, that the sentence imposed upon such person shall not be reduced to less than 24 months, nor suspended…”and a loss of driver license for life.
Sixth offense is a felony and punishable by “a fine of not less than $2,000 nor more than $50,000 and by imprisonment for not less than 2 and one-half years or by a fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state prison for not less than 2 and one-half years nor more than 5 years; provided, however, that the sentence imposed upon such person shall not be reduced to less than 24 months, nor suspended…” lifetime license loss.
Seventh offense is a felony, and punishable “a fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state prison for not less than 3 and one-half years nor more than 8 years; provided, however, that the sentence imposed upon such person shall not be reduced to less than 36 months, nor suspended…” lifetime license loss.
Eighth offense is a felony, and punishable by “a fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state prison for not less than 3 and one-half years nor more than 8 years; provided, however, that the sentence imposed upon such person shall not be reduced to less than 36 months, nor suspended…” Lifetime license loss.
Ninth and Subsequent offenses are felonies and punishable “by a fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state prison for not less than 4 and one-half years nor more than 10 years; provided, however, that the sentence imposed upon such person shall not be reduced to less than 48 months, nor suspended…” Lifetime license loss.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Ch 90 Sec 24 - Learn More
Not specifically as a separate entry or offense. “…or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances…”.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

 Same as other OUI penalties v

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

Ch 90 Sec 24V Learn More
Operating with a child 14 or younger in the vehicle while under the influence, first offense: punishable by “an enhanced penalty of a fine of not less than $1,000 nor more than $5,000 and by imprisonment in the house of correction for not less than 90 days nor more than 2 1/2 years” with a driver’s license suspension of one year.
For a second or subsequent offense, “he shall be punished by a fine of not less than $5,000 nor more than $10,000 and by imprisonment in the house of correction for not less than 6 months nor more than 21/2 years or by imprisonment in state prison for not less than 3 years but not more than 5 years. The sentence of imprisonment imposed upon such person shall not be reduced to less than 6 months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served at least 6 months of such sentence”. License suspension of three years.
Any sentence imposed on this charge must be served consecutively to the sentence for the underlying OUI conviction.

Statutes with THC Listed as Delta 8, 9, 10, or 11

Chapter 94C, Section 31 -Learn More
MGL c. 94C, s. 31: Classes of Controlled Substances: “any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: … tetrahydrocannabinols”
Marijuana is defined in MGL c. 94C, s. 1 as “all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, industrial hemp as defined in section 116 of chapter 128, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.”

Electronic Warrant Program

Statewide

No. MGL c. 276 § 2B requires that “a person seeking a search warrant shall appear personally before a court or justice authorized to issue search warrants….”

By Locality

No. See above.

Law Enforcement Phlebotomy Program

No. Blood draws for the purpose of testing for BAC in prosecutions for OUI-Liquor may only be done with the defendant’s actual and voluntary consent. Police may not obtain a warrant to draw the defendant’s blood over his objection. Commonwealth v. Bohigian, 486 Mass. 209 (2020). In addition:
MGL c. 90 s. 24(1)(e) – “…blood shall not be withdrawn from any party for the purpose of such test or analysis except by a physician, registered nurse or certified medical technician.” MGL c. 90 s. 24(1)(f)(1): “…however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood.”

Oral Fluid

For Drug Detection

No applicable laws pertaining to oral fluid for drug detection

Roadside - Not Evidential

No

Evidential

No

Roadside and Evidential

No

Minimum Legal Age for Cannabis Consumption

21
*but see medical marijuana below.

Underage Cannabis Laws and Penalties

Underage Possession

I“Any person under 21 years of age, except a qualifying patient holding a valid registration card for the medical use of marijuana, who purchases or attempts to purchase marijuana, marijuana products or marijuana accessories, or makes arrangements with any person to purchase or in any way procure marijuana, marijuana products or marijuana accessories, or who willfully misrepresents such person's age, or in any way alters, defaces or otherwise falsifies identification offered as proof of age, with the intent of purchasing marijuana, marijuana products or marijuana accessories, shall be punished by a civil penalty of not more than $100 and shall complete a drug awareness program established pursuant to section 32M of chapter 94C of the General Laws. The parents or legal guardian of any offender under the age of 18 shall be notified”
MGL c. 94G s. 13(f)

Underage Consumption

See above

Underage Purchase

See above

Underage Attempt to Purchase

See above

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

”A Massachusetts Resident, or a non-Massachusetts Resident receiving end-of-life or palliative care or cancer treatment in Massachusetts as determined by a Certifying Healthcare Provider, who is younger than 18 years old who has been diagnosed by two Massachusetts licensed Certifying Physicians, at least one of whom is a board-certified pediatrician, pediatric subspecialist, oncologist, neurologist, or family physician as having a Debilitating Medical Condition that is also a Life-limiting Illness, subject to 935 CMR 501.010(10).” 935 CMR 501.002

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

For medical marijuana use in persons under 18 years of age, see 935 CMR 501.002 “Qualifying Patient” definition.

Social Host Laws

Cannabis

Ch 94G Sec 13(i) - Learn More
Whoever furnishes marijuana, marijuana products or marijuana accessories to a person less than 21 years of age, either for the person's own use or for the use of the person's parent or another person shall be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year or both such fine and imprisonment.Only exceptions are child or grandchild of the suspect on premises owned or controlled by suspect; or sale or delivery of medical marijuana . Arrest for breach in presence; otherwise complaint application. See Commonwealth v. Gernrich, 476 Mass. 249, 253 (2017)(“Although the power of arrest is not explicitly enumerated in G. L. c. 41, § 98, it is recognized in the common law. A police officer has broad arrest powers and may exercise this authority without the limitations that apply to the generic category of law enforcement officers. Police officers may make warrantless arrests for misdemeanors involving breaches of the peace committed in the officer's presence.”)

Drugs

MGL c. 138 s. 34 penalizes furnishing of alcohol to minors under 18 (except for parents of the minor inside their own home; see Commonwealth v. Parent, 465 Mass. 395 (2013));
MGL c. 94C s. 32F provides penalties for distributing controlled substances in Classes A to C to minors under the age of 18. The penalties vary depending upon the Class distributed.

Penalties for Retailers Who Knowingly Sell to People Under 21

MGL c. 94G, s. 13(i): Whoever furnishes marijuana, marijuana products or marijuana accessories to a person less than 21 years of age, either for the person's own use or for the use of the person's parent or another person shall be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year or both such fine and imprisonment.

Other

An adult may possess up to one ounce of marijuana on his/her person. Within a primary residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana plants cultivated on the premises and not more than 6 marijuana plants for personal use so long as not more than 12 plants are cultivated on the premises at once (MGL c. 94G s. 7).