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?	Follow Attorney Larson on Social Media Platforms twitter.com/attorneylarson instagram.com/attorneylarson facebook.com/attorneylarson  Tweets by @attorneylarson	Kevin C. Larson, Esquire
Kevin C. Larson, Esq. Hannah White, Paralegal
Law Office of Kevin C. Larson 19 Salisbury Street Holden, MA 01520 Tel: (508) 829-8181 Fax: (508) 829-9915 Email: klarson@klarsonlaw.com   Copyright 2019 Law Office of Kevin C. Larson All rights reserved.   This material is not intended as legal advice. The contents of this website are posted for informational purposes only and may constitute advertising pursuant to Massachusetts Supreme Judicial Court Rule 3:07.