Public Use, Cars and Driving in Massachusetts

You cannot use cannabis in a public place in Massachusetts, and you cannot have an open container of it in the passenger area of a car. Driving while under the influence is illegal. Here is what the Commission and the statute say, and what their pages leave out.

Using it in public

It is illegal to consume marijuana in public(CCC Know the Laws).

The Commission says you cannot use cannabis in any form in public places or on federal land(CCC Know the Laws).

You cannot smoke adult-use marijuana in a place where you are prohibited from smoking tobacco, and you cannot consume it in a public place. The civil penalty is up to $100(CCC FAQs).

The statute says no person shall consume marijuana in a public place or smoke it where smoking tobacco is prohibited, with a civil penalty of not more than $100(state law).

Cities and towns may pass bylaws or ordinances authorizing exceptions in certain areas for social consumption, per the Commission(CCC FAQs).

The Commission's pages do not list individual places, so the working rule is: if the public can get in, do not use it there.

At home, rentals and hotels

Under the statute a lease must not stop a tenant from consuming marijuana by means other than smoking where the tenant resides, unless failing to do so would cause the landlord to violate a federal law or regulation(state law).

Per the statute, the chapter shall not be construed to prevent a person from prohibiting or otherwise regulating the consumption, display, production, processing, manufacture or sale of marijuana and marijuana accessories on or in property the person owns, occupies or manages(state law).

Employers, landlords, cities, and towns may have their own policies governing the use of marijuana, per the Commission(CCC Know the Laws).

The Marijuana Justice Act of 2017 prohibits a landlord from being punished under state law for allowing marijuana consumption or other marijuana-related activities conducted lawfully under the 2017 law and the Commission's regulations on the landlord's property(CCC Know the Laws).

Before consuming, inquire about marijuana use policies if you are staying at a hotel or other type of rental accommodation(CCC Know the Laws).

In a car

Like alcohol, it is illegal to have an open container of any form of marijuana in the passenger area of a car(CCC Know the Laws).

An individual may receive a civil penalty of up to $500 for having an open container of marijuana in the passenger area of a vehicle while on the road or at a place where the public has access(CCC Know the Laws).

An "open container" includes a package with its seal broken or a package from which the contents have been partially removed, and the "passenger area" does not include a trunk or a locked glove compartment, per the FAQs(CCC FAQs).

So an opened pre-roll tube, or a jar with flower missing, is an open container. A sealed package from the shop, kept in the trunk, is the simple way to follow the rule.

Store marijuana in a closed container and place it in your trunk or a locked glove compartment, per the Commission(CCC Know the Laws).

Driving

It is illegal to drive while under the influence of cannabis(CCC Know the Laws).

You are strictly prohibited from consuming marijuana while operating a car(CCC FAQs).

What the Commission's pages leave out

The Know the Laws page and FAQs do not set a roadside test or a blood limit, and they do not discuss airports, ferries or schools. A driving charge is a matter of criminal and motor vehicle law and not the Commission's, so ask a lawyer.

The rest of the rules are on the Massachusetts weed laws page, and the visitors page covers what visitors cannot do.

Short answers

Can you smoke weed in public in Massachusetts?

No. You cannot consume adult-use marijuana in a public place, and the civil penalty is up to $100(CCC FAQs).

Can you have weed in your car in Massachusetts?

Yes, but keep it in a closed container in your trunk or a locked glove compartment, per the Commission(CCC Know the Laws).

Can I smoke weed on my own porch or balcony?

The Commission does not address porches or balconies. Where tobacco smoking is prohibited, so is adult-use marijuana smoking, and a landlord or town can have its own rules. Check your lease and local rules.