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While Massachusetts has made changes to its marijuana laws, including the decriminalization of possession of small amounts and the legalization of medical marijuana, the consequences for certain marijuana-related offenses still include automatic driver’s license suspensions. The Massachusetts Registry of Motor Vehicles (RMV) enforces strict penalties for those convicted of marijuana-related crimes, even if marijuana use is permitted under state law.
License Suspensions for Marijuana-Related Offenses
If you are convicted of a marijuana-related offense—such as possession with intent to distribute, distribution, trafficking, or cultivation—the RMV will automatically impose a license suspension. This is because Massachusetts law (G.L. c. 94C) mandates that MassDOT suspend a driver’s license whenever a court notifies the RMV of a drug conviction. These suspensions apply to convictions in Massachusetts, federal court, and even out-of-state courts.
The RMV usually imposes these suspensions within 10 days of receiving notification from the courts. This process is typically automated through electronic records, though paper abstracts or faxes may also be submitted to the RMV’s Merit Rating Board. Once a conviction is recorded, the RMV will take immediate action to suspend the driver’s license.
The law applies not only to marijuana offenses but also to other drug-related convictions involving substances such as cocaine, heroin, and controlled substances classified under the Massachusetts Controlled Substance Act.
How Long Will Your License Be Suspended?
The length of a license suspension for a marijuana-related conviction depends on the specific charge and its severity. In most cases, individuals facing suspension will receive a letter from the RMV instructing them to stop driving immediately.
If you continue to drive with a suspended license and are caught, you risk arrest, additional license suspension time, and possible disqualification from hardship relief.
Can You Get a Hardship or Work License?
Massachusetts does allow for hardship licenses under specific circumstances. A hardship license grants eligible individuals the ability to drive for 12 hours per day, seven days a week, to accommodate work, school, or medical needs.
Many individuals facing license suspensions due to marijuana-related convictions have successfully appealed their suspensions and obtained either a full reinstatement or a hardship license. However, securing a hardship license requires providing proof of a legitimate need to drive, such as employment verification or medical documentation.
Decriminalization and Medical Marijuana Laws
While possession of one ounce or less of marijuana has been decriminalized in Massachusetts, and medical marijuana is legal with a valid card, these laws do not override RMV suspension policies. A civil citation for possession of a small amount of marijuana will not result in a license suspension. However, a criminal conviction for marijuana-related offenses, such as possession with intent to distribute, will still trigger a suspension.
Additionally, while Massachusetts has legalized medical marijuana under certain conditions, federal law still classifies marijuana as a Schedule 1 controlled substance under 21 U.S.C. §811. This means that federal drug convictions, if reported to the RMV, will be treated the same as state-level convictions, resulting in a license suspension.
What to Do If You’re Facing a Marijuana-Related License Suspension
If you have received notice from the RMV regarding the suspension of your driver’s license due to a marijuana-related conviction, you should immediately cease driving to avoid further penalties.
If you believe you qualify for a hardship license or wish to appeal your suspension, legal representation can significantly improve your chances of success. An experienced attorney can help you navigate the appeals process and work toward reinstating your driving privileges.
For those who rely on driving for work, school, or other essential needs, understanding these laws and taking the appropriate steps can help minimize the impact of a license suspension.