The effects of decriminalizing marijuana on the law
- Steven Topazio wrote this November 15, 2023 at 3:25 pm
Under current law, it is a criminal offense to possess marijuana with the intent to distribute it. G. L. c. 94C, § 32C (a) states (“Any person who knowingly or intentionally . . . distributes . . . or possesses with intent to . . . distribute . . . [marijuana] shall be imprisoned . . .”). The act of simple possession of marijuana (over one ounce) is also a crime and is listed separately in the G.L. c. 94C, § 34, and generally prohibits the unauthorized possession of controlled substances, including marijuana.
In a recent case, a defendant was charged with possession of a class D substance (marijuana) with intent to distribute, G. L. c. 94C, § 32C . The total weight of the marijuana found on the defendant was six grams, which is less than one quarter of one ounce.
The defendant moved to dismiss the marijuana possession complaint, asserting that the possession of less than one ounce of marijuana, with intent to distribute, is not a crime in light of the enactment of G. L. c. 94C, § 32L, which decriminalized possession of one ounce or less of marijuana.
The court concluded that the passage of G. L. c. 94C, § 32L, which decriminalized marijuana possession of one ounce or less, did not repeal the offense of possession with intent to distribute marijuana, in violation of G. L. c.94C, § 32C (a), where the amount of marijuana possessed is one ounce or less.
COMMONWEALTH vs. SHAWN M. KEEFNER, 461 Mass. 507 (2012)
Background Photo Courtesy of Jeff W