What is the new law in Massachusetts regarding marijuana? Is it being enforced?
The new law in MA makes it a civil infraction, no longer punishable as a criminal offense, to possess an ounce or less of marijuana. The police must issue a citation, similar to a speeding ticket, and it carries a $100 fine. This citation is appealable in Court similar to a speeding ticket. The statistics I have read show that most police departments are issuing very few citations for possession of less than one ounce of marijuana.
I have handled several cases where an individual has possessed less than an ounce of marijuana, but has packaging material, a scale, some cash and other circumstances which may or may not indicate distribution of marijuana, and the police will charge the person with possession with intent to distribute. The police have a very difficult burden of proving this, so if you or someone you know is charged under these circumstances you should give my office a call to discuss your case.
The police can obviously still charge as a criminal offense possession of more than one ounce of marijuana, possession with intent to distribute and trafficking in marijuana. Also if the police suspect you are operating a motor vehicle under the influence of marijuana or a combination of marijuana and alcohol or other drugs they may charge you accordingly.
Question 2 regarding marijuana passed by an over whelming majority of citizens in MA and has significantly changed the law of stops, searches, seizures and possessory offenses in MA. You should consult with an experienced attorney in MA before resolving any case involving these types of charges. Please contact me to discuss your rights today.
Massachusetts Criminal Defense attorneys at Riddle & Associates serve the Central Massachusetts region including the areas of Lunenburg, Leominster, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.
RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Massachusetts Criminal Defense Attorneys
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