Marijuana dos and don’ts for the Fourth of July

By Dan Adams 

Independence Day is a celebration of freedom. But on this July Fourth, for the first time in more than a century, our freedoms in Massachusetts include the ability to legally buy, possess, and use marijuana.

These privileges took effect in December, after voters approved a ballot question on recreational pot use. And that measure remains the law of the land, despite state legislators’ ongoing debate over a rewrite of the rules.

But it’s worth remembering that this freedom is heavily qualified. So, after consulting with law enforcement experts and studying guidance issued by state officials, here are some recreational marijuana do’s and don’ts.

WALKING DOWN THE STREET WITH A POCKET FULL OF WEED
Under the new recreational marijuana law, Massachusetts residents 21 and older can keep up to 10 ounces of pot in their primary homes for personal use. Everywhere else, though, the possession limit is just 1 ounce of marijuana flower and 5 grams of marijuana concentrates.

So if you’re bringing pot to the pot-luck, make sure it doesn’t weigh more than an ounce (a little more than 28 grams).

One crucial exception: The law says you cannot possess any quantity of marijuana on the grounds of a public or private school. This is important if you plan to attend a municipal fireworks display, as many towns hold these events at local schools or athletic fields. Getting caught with an ounce or less could earn you a ticket.

Finally, a note about your rights: Because marijuana is now fully legal, instead of merely decriminalized, police officers generally cannot seize your stash or issue a possession citation unless you’re underage, have more than an ounce on you, or appear to be selling it. Officers also can’t search you or your belongings solely on the basis of their reasonable belief that you’re carrying marijuana.

FIREWORKS CAN SMOKE IN PUBLIC; YOU CAN’T
While the law allows adults to possess quite a bit of marijuana in public, it doesn’t allow them to smoke it in public — or in areas where smoking tobacco is banned, such as restaurants and offices.

Light up in public and you could get dinged with a $100 fine, plus possible additional penalties in towns that have bylaws or ordinances prohibiting public pot use.

The upshot: Those looking to enhance their fireworks experience with a little pot will have to get high beforehand at home or a friend’s home, then safely travel to the show without driving.

Renters should be aware that their leases may prohibit smoking marijuana in or on the property. However, landlords are not allowed to ban tenants from consuming marijuana by other means. So those who want to enjoy a pot brownie at home after the barbecue don’t need to worry about getting evicted.

BUYING, SELLING, GIFTING
We’re in an odd gray zone right now: It’s legal for adults to buy marijuana, but recreational dispensaries won’t open until next summer at the earliest. Until then, no one is allowed to sell pot (except medical dispensaries, which may sell cannabis to registered patients).

So where’s a person supposed to get some weed? Good question. At the moment, nonpatients who are over 21 have two options.

The first is the black market. You can buy from an old-fashioned friend-of-a-friend without fear of prosecution. However, if the transaction goes down outside your house, remember that the 1-ounce possession limit applies as you’re bringing it home. Also, the dealer risks arrest, and the product is unlikely to have been tested for pesticides, molds, and other contaminants. Pursue this avenue at your own risk.

The second option is to have a generous friend — perhaps one who grows her own supply — give you marijuana for free. The law allows gifts of up to 1 ounce of marijuana.

CARS AND MARIJUANA
This doesn’t require much explanation at all: It’s completely illegal to drive under the influence of marijuana.

True, there’s no easy breathalyzer-like test police officers can use to measure impairment from marijuana, but cops will still take you off the road if they believe you’re stoned.

You are allowed to drive around (again, while sober) with up to an ounce of weed in your vehicle, but it must be in a sealed container. Even better: stow it in the glove box or trunk. Open containers, whether or not the vehicle is moving, bring a $500 fine.

SMOKE ON THE WATER?
For many, it’s a July Fourth tradition to hop in a boat and putter around the Charles River or Boston Harbor for a prime view of Boston’s fireworks. But beware: It’s still illegal to pilot a watercraft of any size under the influence of marijuana.

Also, federal agencies such as the Coast Guard share jurisdiction with local law enforcement over navigable waterways. If a Coast Guard crew boards your boat for a safety inspection and spots some pot, they will enforce the federal prohibition on the drug, according to an agency spokesman quoted by the Portland Press Herald in Maine.

“The Coast Guard enforces federal laws within all navigable US waters,” Andrew Barresi told the paper. “This means that in all marijuana cases, Coast Guard law enforcement officers will enforce federal law, even in states which have legalized it. Federal law has not changed, so our enforcement of that law has not changed.”