Possession of less than an ounce of marijuana in Massachusetts for personal use has been decriminalized since 2008. To possess less than an ounce of marijuana for personal use is now a civil offense and would subject you to $100 fine.
Possession with the intent to distribute marijuana or the sale of marijuana is still considered illegal. Just today the Supreme Court of Massachusetts decided a case which involve less than an ounce of marijuana in relation to a charge of possession with intent to distribute. The accused in this case was found to be in possession of a few baggies of marijuana totaling less than 6 grams. A District Court judge dismissed the case based on arguments that the decriminalization of less than an ounce of marijuana also applied to possession with intent distribute less than an ounce of marijuana. Prosecutors appealed the case and now the Supreme Court of Massachusetts has agreed with the Commonwealth in that possession with intent to distribute marijuana no matter what the amount is still a criminal offense.
Frank Fernandez is a drug crimes lawyer Massachusetts. Boston criminal drug offenses ranging from hundreds of kilos of cocaine in federal court to possession of cocaine for personal use are matters in which Frank Fernandez has years of experience litigating.
It is important to understand that although possession of marijuana for personal use has been decriminalized as long as it is less than an ounce a person can still be charged with the intent to distribute if there is any evidence which would show intent to sell.
The type of evidence used to prove the intent to distribute are things such as the manner of packaging, whether the drugs are in small multiple baggies; whether the person has a large amount of cash on them, or multiple cell phones or pagers, scales or packaging like plastic baggies.
Although possession of marijuana for personal use is not a crime is still a crime to possess. Finale such as a glass pipe or a dugout, a small wooden box used to hold a small amount of marijuana and a metal cigarette to smoke it with
A drug crimes lawyer in Boston, Frank Fernandez is available for a free consultation, contact him directly at 617-393-0250.