Defend Against a Possession of Marijuana Charge

Defending Against a Possession of Marijuana Charge in Massachusetts

Marijuana is legal for many adult-use purposes in Massachusetts, but that does not mean every marijuana-related situation is legal. People can still face criminal charges involving marijuana, especially when prosecutors allege possession over the legal limit, possession with intent to distribute, distribution, trafficking, school zone violations, impaired driving, or unlawful possession by someone under 21.

If you have been charged with possession of marijuana or a related offense, it is important to understand the exact allegation. A simple possession issue is very different from a charge involving intent to distribute or a school zone enhancement.

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

Is Marijuana Possession Legal in Massachusetts?

For adults 21 and older, Massachusetts law allows certain personal use and possession of marijuana. Under Massachusetts General Laws Chapter 94G, Section 7, a person 21 or older may generally possess, use, purchase, process, or manufacture up to 1 ounce of marijuana, 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 within their primary residence, along with marijuana produced by lawfully cultivated plants on the premises, subject to the limits and requirements in the statute.

However, legal possession has limits. A person may still face legal consequences if they possess more than the allowed amount, sell or distribute marijuana unlawfully, possess marijuana in a prohibited setting, drive under the influence, or violate other Massachusetts cannabis laws.

When Can Marijuana Possession Still Lead to Criminal Charges?

Even after legalization, marijuana-related criminal charges can still arise in several situations. Common examples include:

• 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;
• Possession or distribution in connection with a school zone, park, or playground allegation;
• Operating under the influence of marijuana;
• Unlawful cultivation beyond legal limits; and
• Possession of marijuana in places where it remains prohibited.

Because marijuana laws are more nuanced than many people realize, it is important to review the exact charge and facts before assuming the case is minor.

Possession with Intent to Distribute Marijuana

Possession with intent to distribute is more serious than simple possession. Prosecutors may claim that marijuana was not for personal use if they find evidence they believe suggests sale, transfer, or distribution.

Evidence prosecutors may rely on includes:

• Large quantities of marijuana;
• Multiple packages or separate bags;
• Scales or measuring tools;
• Large amounts of cash;
• Text messages or social media messages;
• Multiple cell phones;
• Alleged hand-to-hand transactions; or
• Statements by witnesses or confidential informants.

However, these facts do not automatically prove intent to distribute. A defense attorney may argue that the marijuana was for personal use, that the packaging has an innocent explanation, that the cash was unrelated, 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 Charges

School zone drug violations are serious, but they do 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 simply triggered by every personal-use marijuana possession allegation.

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

Can Police Search You Based Only on the Smell of Marijuana?

Marijuana search law has changed significantly in Massachusetts. Police do not automatically have the right to search a person, vehicle, or home simply because they smell marijuana.

Massachusetts courts have recognized that, because possession of certain amounts of marijuana is lawful, marijuana odor alone does not necessarily establish probable cause that a crime has occurred. In Commonwealth v. Overmyer, the Supreme Judicial Court held that the odor of unburnt marijuana alone did not justify a vehicle search under the automobile exception.

This does not mean every marijuana search is illegal. Police may argue that other facts gave them probable cause, such as evidence of impaired driving, visible unlawful quantities, packaging suggesting distribution, admissions, weapons, or other circumstances. However, if the search was based only on odor or weak assumptions, the evidence may be challenged.

Common Defenses to Marijuana Possession Charges

Every case depends 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 or intent.

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 space and cannot be tied to you.
• Illegal search or seizure: Police violated your constitutional rights when obtaining the evidence.
• No intent to distribute: The evidence is more consistent with personal use than distribution.
• Improper school zone enhancement: The underlying charge, location, distance, or timing does not satisfy the statute.
• Lab or evidence issues: The substance, amount, or chain of custody may be disputed.
• Misunderstanding or mistaken identity: The accusation may be based on incomplete or incorrect information.

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

How We Defend Marijuana Cases

At The Law Offices of Elliot Savitz & Scott Bradley, we take a detailed approach to marijuana possession and related drug charges. We review the facts carefully and look for weaknesses in the prosecution’s case from the beginning.

Our defense work may include:

• Reviewing police reports and charging documents;
• Obtaining body camera footage, cruiser video, and surveillance footage;
• Analyzing search warrants, consent issues, and probable cause;
• Challenging searches based only on marijuana odor;
• Reviewing evidence logs, lab reports, and chain of custody;
• Determining whether the marijuana amount was legally possessed;
• Challenging claims of intent to distribute;
• Reviewing school zone distance, timing, and location evidence;
• Negotiating for dismissal, reduction, diversion, or alternative resolution where appropriate; and
• Preparing for trial if the Commonwealth cannot prove the charge.

Remember: A Charge Is Not a Conviction

Being charged with possession of marijuana does not mean you will be convicted. The Commonwealth must prove the case beyond a reasonable doubt, and there may be strong defenses available. The legality of the search, the amount of marijuana, the issue of possession, and whether prosecutors can prove intent all matter.

Do not assume that legalization makes the case unimportant, and do not assume that the charge is hopeless because marijuana was found. Speak with a defense attorney before making statements, accepting responsibility, or agreeing to any court resolution.

Facing a Marijuana Possession Charge in Massachusetts?

If you are facing a marijuana possession charge, possession with intent to distribute allegation, or school zone marijuana-related charge in Massachusetts, legal help can make a significant difference. The sooner your defense begins, the sooner your attorney can review the evidence, challenge the search, and protect your rights.

At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing marijuana-related charges throughout Boston and Massachusetts. We will review your case, explain your options, and fight for the best possible outcome.

If you have been charged with possession of marijuana or a related offense in Massachusetts, contact us today for a confidential consultation.