Marijuana Offenses & Penalties in Suffolk County
There are various types of marijuana offenses that defendants can be charged with in Massachusetts, including:
Possession of Marijuana
In 2016, Massachusetts voters approved a ballot initiative that legalized the possession and use of recreational marijuana for adults aged 21 and older. As a result, adults in Suffolk County can legally possess up to 1 ounce of marijuana on their person and up to 10 ounces within their residence.
However, there are still legal penalties for those found in possession of marijuana beyond these limits or for individuals under the age of 21:
- Possession of more than 1 ounce but less than 2 ounces is considered a civil infraction, punishable by a $100 fine; and
- Possession of more than 2 ounces may result in criminal charges, with penalties ranging from probation to incarceration, depending on the amount and the individual's prior record.
Distribution of Marijuana
While the recreational use of marijuana has been legalized in Massachusetts, the unlicensed sale or distribution of marijuana remains illegal. Penalties for the distribution of marijuana depend on the amount of marijuana involved and any prior convictions. Generally, the following penalties will apply:
- Distribution of less than 50 lbs of marijuana is a felony punishable by up to 2 years in prison and a maximum fine of $5,000;
- Distribution of 50-100 lbs of marijuana carries a mandatory minimum sentence of 1 year in prison, with a maximum of 15 years, and a fine of up to $10,000; and
- Distribution of more than 100 lbs of marijuana comes with a mandatory minimum sentence of 3 years in prison, a maximum of 15 years, and a fine of up to $25,000.
Cultivation of Marijuana
Adults aged 21 and older in Massachusetts are allowed to cultivate up to 6 marijuana plants per person in their residence, with a maximum of 12 plants per household. However, cultivating marijuana plants beyond these limits can result in criminal charges:
- Cultivation of more than 6 but fewer than 12 plants is considered a civil infraction punishable by a fine of up to $100; and
- Cultivation of 12 or more plants is a felony punishable by up to two years in prison and a maximum fine of $5,000.
It’s crucial for individuals charged with marijuana offenses in Massachusetts to understand the potential legal penalties they face and to seek experienced legal counsel to navigate the complexities of marijuana legislation. If you or someone you know has been charged with a marijuana-related offense in Massachusetts, do not hesitate to contact a knowledgeable marijuana law specialist for guidance and representation.
Operating Under the Influence (OUI)
In Massachusetts, it’s illegal to operate a motor vehicle while under the influence of any amount of marijuana. Unlike DUIs, there is no set threshold or maximum for operating a vehicle while under the influence of cannabis, meaning that any amount of detection can result in criminal penalties.
If you’re facing marijuana charges in Suffolk County, you need a veteran attorney in your corner. Call (877) 444-1098 to secure the aggressive representation you deserve.
Common Defenses Against Marijuana Charges
There are numerous ways to defend against marijuana charges in Suffolk County. Common legal strategies to get the charges against you dropped or dismissed in court include:
- Challenging the search and seizure – One effective defense strategy against marijuana charges entails challenging the legality of the search and seizure that led to the discovery of the marijuana. Law enforcement officers must have probable cause or a valid search warrant to search your property. If it can be proven that the search and seizure were conducted without probable cause or a warrant, any evidence obtained during the search may be deemed inadmissible in court, which may result in the reduction or dismissal of the charges.
- Entrapment – Entrapment occurs when law enforcement officers induce or encourage someone to commit a crime they otherwise would not have committed. If you can prove that you were a victim of entrapment, your marijuana charges may be dismissed. However, it is essential to note that merely providing an opportunity for someone to commit a crime does not constitute entrapment.
- Proving lack of knowledge or intent – In some cases, defendants may argue that they were unaware of the presence of marijuana in their possession or on their property. For example, if marijuana was found in a vehicle you were driving but belonged to a passenger, you may argue that you did not know of its presence. Similarly, if marijuana was found in a shared living space, you might claim that you were unaware of the marijuana and did not intend to possess, distribute, or cultivate it.
- Medical necessity – In Massachusetts, medical marijuana is legal for patients with qualifying medical conditions. If you have a valid medical marijuana card and are in compliance with the state's medical marijuana laws, you may use medical necessity as a defense against marijuana charges. However, it is crucial to demonstrate that you were using marijuana strictly for medical purposes and not for recreational use or distribution.
- Chain of custody issues – When evidence is collected by law enforcement, it must be securely stored and documented to ensure its integrity and admissibility in court. If there are discrepancies or gaps in the chain of custody for the marijuana evidence in your case, you may argue that the evidence has been tampered with or contaminated, making it inadmissible in court. This could potentially lead to the reduction or dismissal of your marijuana charges.
Keep in mind that it’s imperative to consult with an experienced Suffolk County marijuana attorney as soon as possible after being charged with any marijuana offense, as they can examine the unique details of your case to determine the most effective legal defense strategy to employ on your behalf. Strong representation is nonnegotiable to avoid costly and potentially life-changing penalties in court.
Contact a Trusted Marijuana Offense Lawyer in Suffolk County
Our fierce criminal defense attorneys at the Law Office of Frank D. Camera have successfully defended Suffolk County residents for well over two decades. Our firm has a wealth of experience representing defendants in a range of cases, including serious high-profile lawsuits at the state and federal levels, making us well-equipped to represent your best interests in a range of criminal charges, from DUI defense to drug crimes. Don’t sit by as your life and livelihood are unjustly threatened. Reach out to our firm today to learn how we can collaborate with you to achieve the freedom you deserve.
Our trusted marijuana lawyer has the specialized knowledge and experience to safeguard your rights. Call (877) 444-1098 to schedule a consultation with our award-winning Suffolk County attorney.