Beat a Possession of Marijuana

How to Beat a Marijuana Possession Charge in Massachusetts

Marijuana laws in Massachusetts have changed significantly, but people can still face serious legal consequences for marijuana-related accusations. While adults 21 and older may legally possess certain amounts of marijuana, criminal charges can still arise when prosecutors allege possession over the legal limit, possession with intent to distribute, distribution, trafficking, school zone violations, or operating under the influence of marijuana.

If you have been charged with possession of marijuana or another controlled substance, do not assume the case is minor or hopeless. The amount, location, search, police conduct, lab evidence, and facts surrounding the arrest all matter.

At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing marijuana possession, possession with intent to distribute, distribution, school zone drug violations, and other drug-related charges throughout Boston and Massachusetts.

Is Marijuana Possession Legal in Massachusetts?

For adults 21 or older, Massachusetts law allows certain personal possession and use of marijuana. Under Massachusetts General Laws Chapter 94G, Section 7, an adult may generally possess up to 1 ounce of marijuana in public, with no more than 5 grams in the form of marijuana concentrate.

The law also allows adults 21 or older to possess up to 10 ounces of marijuana in their primary residence, along with marijuana produced by lawfully cultivated plants on the premises, subject to the limits and requirements in the statute.

However, marijuana possession can still lead to legal problems if the person is under 21, possesses more than the legal amount, distributes marijuana unlawfully, possesses marijuana with intent to distribute, violates cultivation limits, drives under the influence, or faces a school zone or trafficking allegation.

When Can Marijuana Possession Become a Criminal Charge?

Marijuana-related charges may arise in several situations, including:

• Possession of more than the legal amount;
• Possession by someone under 21;
• Possession with intent to distribute;
• Unlawful distribution or sale;
• Marijuana trafficking based on weight;
• School zone, park, or playground allegations connected to a covered drug offense;
• Operating under the influence of marijuana;
• Unlawful cultivation beyond legal limits; or
• Possession in a place where marijuana remains prohibited.

Because marijuana law contains important limits and exceptions, you should speak with an attorney before assuming the case will go away on its own.

What Must the Prosecution Prove in a Marijuana Possession Case?

In a possession case, the Commonwealth generally must prove beyond a reasonable doubt that:

• The substance in question was marijuana or another controlled substance;
• The defendant possessed some perceptible amount of the substance; and
• The defendant did so knowingly or intentionally.

Possession may be actual or constructive. Actual possession means the substance was physically on the person. Constructive possession means the substance was not physically on the person, but prosecutors claim the person knew about it and had the ability and intent to control it.

Constructive possession is often disputed when marijuana or another substance is found in a shared car, apartment, bedroom, backpack, or common area.

Possession of Marijuana vs. Possession with Intent to Distribute

Possession with intent to distribute is more serious than simple possession. Prosecutors may claim that marijuana was intended for distribution based on the amount, packaging, cash, messages, scales, or other circumstances.

To prove possession with intent to distribute, the Commonwealth generally must prove that:

• The substance was marijuana or another controlled substance;
• The defendant knowingly possessed some amount of it; and
• The defendant intended to distribute it to another person.

Evidence prosecutors may rely on includes separate bags, scales, large amounts of cash, text messages, multiple phones, surveillance, or alleged hand-to-hand transactions. However, none of those facts automatically proves intent to distribute. A defense attorney may argue that the evidence is more consistent with personal use, lack of possession, or unsupported assumptions.

For related information, read: Drug Possession vs. Possession with Intent: Key Differences and Defenses.

School Zone Marijuana and Drug Violations

Older descriptions of Massachusetts school zone law often refer to 1,000 feet, but current Massachusetts law generally uses 300 feet for qualifying school property. Under Massachusetts General Laws Chapter 94C, Section 32J, enhanced penalties may apply to certain listed drug offenses committed in, on, or within 300 feet of qualifying school property, and in certain public park or playground areas.

For school property, the statute applies during the time period between 5:00 a.m. and midnight. The school zone enhancement generally requires an underlying covered drug offense, such as distribution, possession with intent to distribute, trafficking, or another listed offense. It is not automatically triggered by every personal-use marijuana possession allegation.

To prove a school zone drug violation, the Commonwealth must generally prove the underlying qualifying drug offense and the protected location, distance, timing, and statutory requirements.

For more information, read: School Zone Drug Violations in Massachusetts.

Can Police Search a Car Because of the Smell of Marijuana?

Massachusetts courts have limited when police may rely on the smell of marijuana to justify a search. In Commonwealth v. Cruz, the Supreme Judicial Court held that the odor of burnt marijuana alone did not justify ordering a passenger out of a vehicle or searching based on suspected marijuana possession without additional facts supporting reasonable suspicion of criminal activity.

This does not mean every marijuana-related search is illegal. Police may argue that additional facts supported the stop or search, such as impaired driving, visible unlawful quantities, packaging suggesting distribution, admissions, weapons, or other circumstances. However, if police relied only on marijuana odor or weak assumptions, the search may be challenged.

For related guidance, read: Illegal Search and Seizure in Drug Charges: Know Your Rights.

Defense Strategies for Marijuana Possession Charges

There are many possible defenses to marijuana possession and related drug charges. The right strategy depends on the facts, the amount involved, where the marijuana was found, who had access to it, and how police obtained the evidence.

Possible defenses may include:

• Legal possession: The amount was within the legal limit for an adult 21 or older.
• Lack of knowledge: You did not know the marijuana was present.
• No control: The marijuana was found in a shared car, home, bag, or room and cannot be tied to you.
• No intent to distribute: The evidence is more consistent with personal use than distribution.
• Illegal search or seizure: Police violated your rights during a stop, search, seizure, or arrest.
• Improper school zone enhancement: The underlying charge, location, timing, or distance does not satisfy the statute.
• Lab or weight issues: The substance, weight, or chain of custody may be disputed.
• Miranda or statement issues: Statements may be challenged if obtained unlawfully.

What About Possession of Another Controlled Substance?

If the charge involves cocaine, heroin, fentanyl, prescription medication without a valid prescription, or another controlled substance, Massachusetts law may treat the case differently. Possession of a controlled substance is governed by Massachusetts General Laws Chapter 94C, Section 34.

Penalties depend on the class of drug, prior record, amount involved, and facts of the case. A defense attorney should review the exact charge and charging documents before advising on potential penalties or outcomes.

For more information, read: Possession of a Controlled Substance.

Possible Outcomes in a Marijuana Possession Case

A marijuana-related charge is not the same as a conviction. Depending on the facts, prior record, court, and evidence, possible outcomes may include:

• Dismissal;
• Reduction of the charge;
• Pretrial diversion;
• Pretrial probation;
• Treatment-based resolution;
• Continuance without a finding, often called a CWOF;
• Suppression of evidence after an unlawful search;
• Trial; or
• Another negotiated resolution.

A CWOF can be helpful in some cases, but it is not consequence-free. It may still appear on certain records and may have immigration, employment, licensing, housing, or educational consequences. Anyone who is not a United States citizen should speak with an attorney before accepting any plea, admission, or CWOF.

How a Boston Criminal Lawyer Can Help

If you are facing a marijuana or controlled substance charge, an experienced criminal defense attorney can review the evidence and identify the strongest available defense.

A lawyer can help by:

• Reviewing the police report and charging documents;
• Determining whether the alleged amount was lawful;
• Challenging unlawful searches or seizures;
• Reviewing body camera footage, cruiser video, and witness statements;
• Challenging possession, knowledge, or control;
• Disputing intent to distribute allegations;
• Reviewing school zone distance, timing, and location evidence;
• Examining lab testing and chain of custody;
• Exploring dismissal, reduction, diversion, or alternative resolution; and
• Preparing for trial if the Commonwealth cannot prove the case.

Facing a Marijuana Possession Charge in Massachusetts?

If you have been accused of possession of marijuana, possession with intent to distribute, distribution, a school zone drug violation, or possession of another controlled substance, do not assume the case is hopeless. The lawfulness of the search, the amount involved, the location, the evidence, and the Commonwealth’s ability to prove possession all matter.

At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing marijuana and drug-related charges throughout Boston and Massachusetts. We can review your case, explain your rights, and help you pursue the best possible outcome.

If you are facing a marijuana possession accusation in Massachusetts, contact us today for a confidential consultation.