While visiting California recently, I was startled by a sight uncommon anywhere I had ever been. Actually, this “sight” was not a single, isolated incident. Rather, it was something I saw repeated numerous times over the course of a week.
It was not just the public use of marijuana that surprised me. It was the fact that marijuana was being used directly in front of law enforcement. At one point, I observed a group of young men smoking marijuana not ten yards from a police car that was idling at a red light.
Whether these occurrences are limited to the bay area, where I was, or whether open use of marijuana prevails throughout California, I do not know. I would presume it is a different story further south. But, regardless, while medical marijuana is legal in California, I am confident that public use - for patients and otherwise - is not.
These experiences caused me to think of the state of the law in Massachusetts. Marijuana is decriminalized, and I believe Massachusetts was the first state to take such a step. But, public use is certainly illegal, and the public displays observed in California would almost certainly not be tolerated.
But what would a group of young men publicly smoking in Boston get charged with? Would they receive a civil citation? Maybe simply a stern warning? This is probably what most people, including those using marijuana, would think.
But it is in fact a very short leap from simple marijuana possession, to being charged with possessing marijuana with the intent to distribute. Most would assume a large quantity of marijuana must be in one’s possession for a charge of possession with intent to arise. But this is not the case.
Possession of virtually any amount of marijuana can lead to a charge of possession with intent. The charge can be made out based upon facts that are suggestive of an intent to make just a single transaction. Things that the police may look for, and rely upon, in bringing a complaint for possession with intent to distribute marijuana, include, but are not limited to, actions suggestive of distribution; the manner in which marijuana is packaged ; and the amount of cash, and the denominations of the bills, possessed. There are countless other factors that may lead to a charge of possession with intent to distribute.
I have written about this subject matter in more detail previously (click here). As the legal and cultural boundaries shift with respect to marijuana, many people, especially teenagers and students, are apt to assume that casual use of marijuana - and the casual distribution that often accompanies use – are risk free. This is simply not the case. If you are familiar with anyone charged with possession with intent to distribute marijuana, contact Matthew T. McDonough immediately.
