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1. CAN I SMOKE MARIJUANA WHILE I AM DRIVING?

Simply put, no. The laws pertaining to the use of marijuana while behind the wheel of a motor vehicle mirror the laws pertaining to the use of alcohol behind the wheel. A driver found to be under the influence of marijuana while operating a vehicle could be subject to arrest for OUI: Drugs. This offense carries the same penalties as OUI: Alcohol, including license suspension, fines, and in some cases, jail time.

Also, much like having an open container of alcohol in a vehicle is a $500 civil citation, having an open container of marijuana in a vehicle is now also a $500 civil citation under these new laws. Understand that both a driver AND passenger can be found to be in violation of this law.

2. IS IT LEGAL IF AT 3 AM, WHEN EVERYONE IS SLEEPING, I DECIDE TO TAKE A WALK IN MY NEIGHBORHOOD AND SMOKE MARIJUANA WHILE DOING SO?

No. This is a violation under the public consumption portion of the new law. Remember, if you are seen consuming marijuana in public, regardless of the time of day, you are subject to a $100 civil fine. 

3. MY FRIEND HAS THREE MARIJUANA PLANTS GROWING AT THEIR HOUSE. EVERY NOW AND THEN, I ASK THEM FOR A HALF-OUNCE OF MARIJUANA, WHICH THEY GIVE ME FOR FREE AS A FRIENDLY GESTURE.

Correct. Remember, under the new law, adults 21 and over may legally transfer (“gift”) up to an ounce of marijuana to another adult, so long as there was no monetary or items of value exchanged. Based on the law, this legal transfer may occur in public or in private.

4. I'VE HEARD THAT SINCE THE MONETARY PENALTIES FOR A LOT OF THESE NEW LAWS ARE "CIVIL' IN NATURE, THERE IS NO PENALTY FOR NOT PAYING THEM

Wrong. Wrong. Wrong. While yes, “civil” fines issued on town by-law tickets are processed differently than say “civil” fines issued on state traffic citations, failure to pay can result in criminal penalties. For example, if you are issued a $100 civil fine on a town by-law ticket for a violation of the public consumption law, you must pay within the mandated time frame. Here in Longmeadow, you have 21 days to either pay the fine or request a hearing to contest the matter. If you fail to pay the fine or request a hearing within the 21 days, you are subject to being issued a criminal complaint for failure to pay.