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Massachusetts v. Palmer

985 N.E.2d 832, 464 Mass. 773 (2013)

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Massachusetts v. Palmer

Massachusetts Supreme Judicial Court
985 N.E.2d 832, 464 Mass. 773 (2013)

  • Written by Patrick Speice, JD

Facts

Kenneth Palmer (defendant) was charged with cultivation of marijuana—a crime—after police officers found several marijuana plants yielding less than one ounce of marijuana and various paraphernalia for growing and consuming marijuana in Palmer’s home. Before trial, Palmer moved to dismiss the criminal cultivation of marijuana charge, arguing that a recently enacted law changing possession of less than one ounce of marijuana from a crime to a civil infraction effectively decriminalized cultivation of less than one ounce of marijuana. The trial court agreed, and the commonwealth appealed.

Rule of Law

Issue

Holding and Reasoning (Botsford, J.)

Concurrence (Duffly, J.)

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Marijuana Law

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