Possession of Marijuana Accusation?

Facing a Possession of Marijuana Accusation in Massachusetts?

Marijuana laws in Massachusetts have changed significantly over the years, but that does not mean every marijuana-related situation is legal. Adults 21 and older may legally possess limited amounts of marijuana, but criminal charges can still arise when prosecutors allege possession over the legal limit, unlawful distribution, possession with intent to distribute, school zone violations, trafficking, impaired driving, or underage possession issues.

If you have been accused of a marijuana-related offense, it is important to understand the exact charge. A civil infraction is very different from a criminal charge for possession with intent to distribute, distribution, trafficking, or a school zone drug violation.

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 Possession of Marijuana 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 21 or older 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 become a legal problem if the person is under 21, possesses more than the legal amount, possesses marijuana in a prohibited location, distributes marijuana unlawfully, drives under the influence, or is accused of intent to distribute.

When Can Marijuana Possession Lead to Criminal Charges?

Marijuana-related criminal charges may still 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 Massachusetts marijuana law contains several limits and exceptions, you should not assume a marijuana accusation is minor or that it will automatically disappear.

Possession of Marijuana by Someone Under 21

Massachusetts adult-use marijuana law applies to adults 21 and older. If a person under 21 is accused of possessing marijuana, different rules may apply. Depending on the amount, age, and circumstances, the matter may be treated as a civil infraction or may lead to additional legal consequences.

Even when a matter is civil rather than criminal, it can still create stress for students, parents, and young adults. If the allegation is connected to school discipline, driving, distribution, or another criminal charge, the consequences can become more serious.

Possession with Intent to Distribute Marijuana

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

Evidence prosecutors may use includes:

• Separate bags or packaging;
• Scales or measuring tools;
• Large amounts of cash;
• Multiple cell phones;
• Text messages or social media messages;
• Alleged hand-to-hand transactions;
• Police surveillance; or
• Statements by witnesses or informants.

These facts do not automatically prove intent to distribute. A defense attorney may argue that the marijuana was for personal use, that the evidence is being misinterpreted, or that the Commonwealth cannot prove intent beyond a reasonable doubt.

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

School Zone Marijuana Allegations

A school zone allegation can make a drug case much more serious, but it does not apply to every marijuana possession case. 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 offense, such as distribution, possession with intent to distribute, trafficking, or another listed drug offense. It is not automatically triggered by every personal-use marijuana possession allegation.

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

Can Police Search a Car Based Only on the Smell of Marijuana?

Massachusetts courts have limited when police may rely on marijuana odor to justify searches or exit orders. 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 claim that other facts supported the stop or search, such as impaired driving, visible unlawful quantities, packaging suggesting distribution, admissions, weapons, or other evidence. However, if police relied only on marijuana odor or weak assumptions, your attorney may be able to challenge the search.

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

Defense Strategies for Marijuana Charges

There may be several defenses to a marijuana-related charge depending on the facts. A defense attorney will look at where the marijuana was found, how much was involved, who had access to it, whether police searched lawfully, and whether the Commonwealth can prove possession, intent, or distribution.

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 area 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 constitutional rights when obtaining the evidence.
• Improper school zone enhancement: The underlying charge, location, timing, or distance does not satisfy the statute.
• Lab or weight issues: The amount, substance, or chain of custody may be disputed.
• Miranda or statement issues: Statements may be challenged if they were obtained unlawfully.

What About Pretrial Diversion, CWOF, or Other Resolutions?

Depending on the facts, charge, age, prior record, and court, there may be alternatives to a conviction. These may include dismissal, reduction, pretrial diversion, pretrial probation, treatment-based conditions, or a continuance without a finding.

A continuance without a finding, often called a CWOF, may 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.

Why You Should Speak with a Boston Criminal Attorney

Even though marijuana law has changed, a marijuana-related accusation can still affect your record, school, job, housing, immigration status, driver’s license, and future opportunities depending on the circumstances. The right defense strategy depends on the exact charge and evidence.

A criminal defense attorney can help by:

• Reviewing the police report and charging documents;
• Determining whether the alleged amount was legal;
• Challenging unlawful searches or seizures;
• Reviewing body camera footage, cruiser video, and witness statements;
• Challenging 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 Accusation in Massachusetts?

If you have been accused of marijuana possession, possession with intent to distribute, distribution, or a related drug offense, do not assume the case is minor or hopeless. The facts, amount, location, search, and evidence all matter.

At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing marijuana-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 accusation in Massachusetts, contact us today for a confidential consultation.