CONSEQUENCES
CONSEQUENCES
Prom and Graduation Resources
The Pre-Prom 2024 Presentation was April 1st, 2024. You can view the slide deck from the event here.
Having Conversations with Your Teenage Children:
www.underagedrinking.samhsa.gov
www.parentteencommunication.com
Consequences:
FAKE IDs
A minor under age 21 caught using or in possession of a Fake ID will be fined $300 and summoned to appear in District Court.
Charges that may result will appear on criminal record with possible negative implications for college and future employment.
Police will report the false identification offense to the MA Registry of Motor Vehicles. RMV will automatically suspend the driver’s license for 180 days (longer if convicted).
Creating or altering an ID is a separate, felony offense.
Additional charges and fees may also apply.
ALCOHOL
Minor in Possession of Alcohol - Under 21:
Warrantless arrest and a fine of not more than $50. Mandatory registry action by court will result in an automatic 90-day suspension of right to operate a motor vehicle. This applies to all violators, even if they were not operating a vehicle at the time.
MGL ch. 138 – 34C
Public Drinking or Possession of Alcohol in Public:
Warrantless arrest and a fine determined by court.
MGL ch. 272 – 59; Town of Scituate Bylaw
Open Container of Alcohol in a Motor Vehicle:
Driver and any passengers in the vehicle from travelling with an open container of alcohol, even if they car is not being operated at the time of the infraction. Civil fine of $500.
MGL ch. 90 – 24I
SOCIAL HOST LAWS
Social Host Law - Selling or Furnishing Alcohol to Person Under 21 in Massachusetts:
It is illegal for adults to allow underage drinking in their homes, even if they are not home. Under the same state law, it is illegal to buy alcohol for someone under the age of 21. It is dangerous and illegal in Massachusetts to furnish alcohol to a person under age 21; this includes selling, delivering, supplying, giving, ordering at a bar, or otherwise furnishing alcohol to someone under the age of 21. The social host liability law applies to whoever furnishes alcohol even if that person is also under age 21. For example, an 18-year old hosting a drinking party, or sharing their alcohol with someone under age 21, can be criminally charged.
Adults are responsible for underage drinking even if they are not at home or the place of the event. The Massachusetts Social Host Liability Law applies any time you believe a party will take place at your home or any place you have control over, such as a hotel room, boat, campsite, party venue, or rental property.
A person hosting a gathering but not providing alcohol can also be held liable if they knowingly allow underage guests to consume alcohol which the underage person brought themselves on a premise under their control, including a campsite or gathering where the adult had the authority or ability to regulate activity on the premises.
The only exception to this law is Parents or Grandparents, meaning they may legally provide alcohol to their own children or grandchildren under the age of 21 only, on their own private property only.
Penalties for Criminal Conviction – Social Host:
Up to $2,000 in fines, up to one year in jail, or both, as decided by the sentencing judge.
Social hosts may also be liable for substantial civil penalties in Massachusetts.
(MGL ch. 138 § 34)
CANNABIS/MARIJUANA
Possession of 1 ounce or less in private or public by under 21:
If 18, 19 or 20 years old, $100 civil fine in the form of a ticket issued by the local Police Department and confiscation of marijuana.
Possession of 1 ounce or less by age 17 and under:
$100 civil fine and confiscation of marijuana. Plus completion of a 4-hour drug awareness program sponsored by the Institute for Health and Recovery, and 10 hours of Community Service within a year. If the program is not completed within a year, the fine could increase
to $1,000 with a delinquency (criminal) complaint filed with the court that could result in probation.
Source: MGL c.94C, s.32L Possession of one ounce or less of marijuana. MGL c.40, s.21D The procedure to be followed in issuing a citation for possession of an ounce or less of marijuana.
Possession of more than 1 ounce in private or public by under 21:
1st Offense: Immediate arrest + probation or DYS (Department of Youth Services) referral +/or $500 fine.
2nd Offense: Immediate arrest + $500 fine +/or 6 months incarceration and probation.
Possession of more than 1 ounce in private or public by over 21:
1st Offense: House of Correction not more than 6 months +/or $500 fine.
Possession of any amount on school property or at school-related event by student:
Suspension from school and other conditions may be imposed by school administration, in addition to civil or criminal penalty allowed by law.
Public Consumption of Marijuana for Age 21 and over:
$300 civil fine via ticket. Failure to pay may result in criminal complaint in District Court.
Massachusetts town bylaws do not permit police officers to arrest a person who is consuming marijuana in public.
Public Consumption of Marijuana for under 21:
$300 civil fine via ticket. Failure to pay may result in delinquency complaint in District Court.
Sell (or intent to sell) any amount of marijuana anywhere
Only a marijuana business in possession of a state license may sell.
In order to be considered intent to distribute, the amount, packaging and several other factors (i.e. having the marijuana in separate bags) are considered. Money does not need to be exchanged for it to be considered intent to distribute (i.e. sharing a bowl, splitting a bag).
Distribution of Marijuana (Class D Substance) for Age 18 and over:
1st offense: Up to 2 Years imprisonment; and/or Fine between $500-$5,000.
Subsequent offense: 1-2.5 Years imprisonment; and/or Fine between $1,000-$10,000.
Source: MGL c.94C Controlled Substances Act includes penalties for other drugs, trafficking or possession of more than one ounce of marijuana.
Distribution of Marijuana in a School Zone for Age 17 and over:
Even if school is not in session, possession with the intent to sell within 300 feet of a school or within 100 feet of a public park, will result in immediate arrest + mandatory minimum 2 year jail sentence + possible fine up to $10,000.
Give marijuana to anyone under 21 at any location, in any amount, for any reason:
Law prohibits knowing transfer, including house parties. Applies to adults and minors.
Immediate arrest + up to two years in jail. +/or fine up to $5,000.
Sell (or intend to sell) marijuana paraphernalia to under 21:
Includes lamps, bongs, grow lights and other devices.
Immediate arrest + up to two years in jail, +/or fine p to $5,000.
Actual sale to minor under 18 is a felony of up to 5 years in prison.
Medical Marijuana - legal since January 2013:
Patients Age 18 and over with a debilitating medical condition (such as ALS, HIV, MS, cancer, glaucoma or any other “health condition” certified in writing) who receive certification from a Massachusetts physician may obtain a registration card to purchase marijuana products from a Registered Marijuana Dispensary. Patients (or their designated Personal Caregivers) may possess a 30 day supply, defined here as 10 ounces. The THC content of dispensed marijuana edibles (THC-infused cookies, candies, drinks), resins, and oils count toward the monthly total.
Patients Age 17 and under may obtain a registration card only if diagnosed by two doctors (one must be a pediatrician), and has a parent or guardian as a caregiver.
Restrictions on public consumption, distribution, location and OUI still apply with Medical Marijuana. Source: Chapter 369 of the Acts of 2012 & 105 CMR 725.000
Homemade Marijuana Concentrate of any age:
No one may process marijuana with a flammable liquid or gas to create “dabs” or any other concentrate.
Immediate arrest + up to two years in jail, +/or fine up to $5,000.
High strength concentrate may be charged as a 5 year prison felony.
Marijuana cultivation/growing in any amount anywhere by youth under 21:
Only adults 21 and over may grow limited amounts at their primary residence.
Immediate arrest+ up to two years in jail, +/or fine up to $5,000.
Marijuana home cultivation/ growing by 21 and over:
Called the “home grow provision” - Adults age 21 and over may possess 10 ounces or less and any marijuana produced by cultivating and processing 6 plants per adults, but no more than 12 plants per premises, at their primary residence. Some restrictions apply.
Fines and forfeiture of plants, depending on violation.
Operating a Motor Vehicle, boat or aircraft while Under the Influence of Marijuana
is called “OUI – Drugs”
Any person convicted of a violation that involves operating a motor vehicle while under the influence of narcotic drugs, depressants, stimulant substances, or the vapors of glue may be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination. Source: MGL Ch 94C s34, MGL Ch 94C Section 32, 32A-E, 32F (Minors), MGL Ch90 s24
Note on operating under the influence of marijuana in vehicle for any age:
Medical marijuana and/or legal possession are no defense. No driver may be high to any degree that might diminish their ability to operate safely. Will result in immediate arrest + 2 years probation + education program + license suspension of at least 90 days and probably 1 year + fines and fees of at least $500. See below:
Penalties for Criminal Conviction (18+):
1st offense: 1 year License Suspension and $500 Fines
2nd offense: 2 years License Suspension and $700 Fines
3rd offense: 8 years License Suspension and $1,200 Fines
4th offense: 10 years License Suspension and $1, 200 Fines
5th offense: Lifetime License Suspension
Penalties for Criminal Conviction (Under 18):
License may be suspended until age 21 at the trial judge’s discretion.
Open container of marijuana in vehicle for any age:
$500 civil ticket may be issued to the driver and/or passengers.
DIVERSION
Juvenile Diversion Program
The Plymouth County District Attorney has discretion as to whether or not certain cases will be prosecuted once charged. In some circumstances, this discretion is utilized to take eligible juveniles (those under 17) out of the court system and placed into a diversion program of community service administered by the District Attorney´s Office. In order to be eligible for the Juvenile Diversion Program, the juvenile must meet certain criteria of:
No prior criminal record
The crime must be a non-violent offense
The juvenile must assume full responsibility for his/her actions
The juvenile must have a positive attitude towards participation in the program
The juvenile must demonstrate a willingness to make a positive change in their life
In exchange for not being prosecuted, and more involved in the Massachusetts legal system, the juvenile and his/her parents or guardian must agree to perform community service and make full restitution to the parties injured as a result of the offenses committed by the youth.
The Juvenile Diversion Program at the District Attorney´s Office has been very successful in putting the lives of young men and women back on track, and allowing them alternatives to criminal records, probation and the possibility of incarceration.
The staff of the program works diligently with the court system to ensure the offender provides adequate service to the community, while at the same time, taking responsibility for the alleged crime he/she has committed.
Adult Diversion Program (ages 17-21):
The Plymouth County District Attorney has discretion as to whether or not certain cases
will be prosecuted. The program is designed to respond to the widespread concern of underage alcohol use. It is offered primarily to adult first time offenders (ages 17-21) who have been arrested or summonsed into court for minor alcohol related offenses.
The offender must appear in court, yet is never formally arraigned before a judge or a clerk magistrate. He or she must agree to sign a contract with the Plymouth County District Attorney´s Office. This contract requires the individual to participate in a drug/alcohol educational program which consists of four consecutive classes. In addition, the individual is required to perform community service in his/her hometown or city.
The District Attorney´s Office Diversion Officer monitors the contractual plan and reports the progress to the Assistant District Attorney assigned to the case.
Successful completion of a typical 90 day obligation results in the entry of a nolle prosequi (dismissal by the prosecution) in the court case prior to any formal arraignment, thus saving the offender a criminal record and any further obligation to the court or to the Plymouth County District Attorney´s Office.
Failure to comply will result in the individual facing prosecution within the traditional trial process.