Due to the recent passage of Ballot Question #4, The Regulation and Taxation of Marijuana Act in Massachusetts, all employees and students are reminded of the Drug-Free Workplace Act of 1988.
With the passage of Ballot Question #4, the state has legalized the recreational use of marijuana. According to the new law, persons age 21 and older may possess, use, distribute, and cultivate marijuana in limited amounts and such activities are no longer subject to criminal penalties. It also permits the retail sale of marijuana, marijuana accessories, and marijuana products. Under the law, persons at least 21 years old may possess up to one (I) ounce of marijuana outside of their residences; possess up to ten (I0) ounces of marijuana inside their residences; grow up to six marijuana plants in their residences; give one ounce or less of marijuana to a person at least 21 years old without payment; possess, produce or transfer hemp; or make or transfer items related to marijuana use, storage, cultivation, or processing. The law does not affect existing laws regarding the use of medical marijuana or the operation of a motor vehicle while under the influence. Supplying marijuana to persons under age 21 is unlawful. The new law takes effect on December 15, 2016.
Although Massachusetts law permits the use of medical marijuana and the possession, use, distribution and cultivation of marijuana in limited amounts, federal law, including the Federal Controlled Substances Act of 1970, the Drug Free Workplace Act of 1988 and the Drug Free Schools and Communities Act of 1989, prohibits the possession, use, distribution and/or cultivation of marijuana at educational institutions. Further, as marijuana remains classified as an illegal narcotic under federal law, institutions of higher education that receive federal funding are required to maintain policies prohibiting the possession and use of marijuana on their campuses. Accordingly, the possession, use, distribution or cultivation of marijuana, even for medical purposes, is prohibited on all Community College property or at College sponsored events and activities. Also prohibited is the operation of a motor vehicle while under the influence of marijuana on Community College property or at College sponsored events or activities. Furthermore