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MARIJUANA = MISCONCEPTIONS

Although the possession of less than an ounce of marijuana has been decriminalized, the possession of less than an ounce of marijuana with an intent to distribute has not.  Furthermore, the distribution of less than an ounce of marijuana remains illegal.  Pursuant to Massachusetts General Laws Chapter 94C, Section 32, anyone who  "knowingly or intentionally manufactures, distributes, dispenses or cultivates, or possesses with intent to manufacture, distribute, dispense or cultivate a controlled substance in Class D of section thirty-one shall be imprisoned in a jail or house of correction for not more than two years or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment."  Many people wrongly assume that "distribution" means "selling drugs", when in fact, just giving another person marijuana qualifies as distribution per the Massachusetts Courts.  Additionally, there is no weight minimum (i.e. less than an ounce) in regards to the distribution of marijuana.  Therefore, simply handing another person a joint would violate the statute.  If the distribution is done within 300 feet of a school, there is a mandatory minimum jail penalty of 2 years in the house of correction, to be served on and after the sentence imposed for the violation of M.G.L. 94C, Section 32.    Worth it or no?

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    Kevin C. Larson, Esquire

 

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Kevin C. Larson, Esq.


 

Law Office of Kevin C. Larson
19 Salisbury Street
Holden, MA 01520
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Fax: (508) 829-9915
Email: klarson@klarsonlaw.com
 
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