CL Ch. 21 Marijuana & Tobacco Flashcards
Marijuana
Criminal Culitvation:
For suspects NOT in the medical marijuana program: Officers must present evidence that the suspect either:(3)
- Was not growing the marijuana at his primary residence; or
- Possessed more than 12 plants; or
- Sold, or processed with the intent to sell, any amount of marijuana produced by the plants.
Marijuana
For a Medical Marijuana Cardholder:
For unlawful cultivation with a hardship license, there must be an intent to: (blank), or (blank).
- an intent to cultivate more than the permitted amount ( ambiguous, but more than 60 day supply) ; or
- and intent to distribute
Marijuana
For a Medical Marijuana Cardholder:
How many plants can you grow?
No set number: Enough to grow 10 oz of marijuana within a 60-day period.
Marijuana:
It is illegal to sell, or intend to sell, any amount of marijuana anywhere, unless: (1 exception)
Only a business in possession of a CCC (Cannabis Control Commission) issued license to sell.
Marijuana:
An illegal gift or marijuana is criminal distribution:
Four factors that constitute a legal gift:
- 21 to 21 transfer (under 21 is criminal distribution)
- 1 oz of marijuana (of that, only up to 5 grams of concentrate)
- For no value (no barter,delayed payment, sham transaction)
- No advertising or promotion
Marijuana:
Legal gift: Maximum amount
1 oz of marijuana (of that, only up to 5 grams of concentrate)
Furnishing Marijuana (aka Social Host Law)
Any person of any age may not intentionally supply, provide, or allow marijuana, marijuana products, or accessories (paraphernalia) to anyone under 21 for their or another’s use. Only exceptions: (2)
- child or grandchild on premises owned or controlled by suspect;
- sale or delivery of medical marijuana pursuant to G.L Chapter 94I
Marijuana
Furnishing (aka social host law)
ROA:
Arrest for breach of peace in presence; otherwise, complaint
Notes: Offender may be a minor for social host violation
Social host violation may occur in a car with under 21 driver
Marijuana
Homemade marijuana concentrate: No one may process marijuana with a flammable liquid or gas to create “dabs” or any other concentrate or product. Only exceptions are:
-products made with alcohol
or
-CCC manufacturing license
Marijuana
Homemade marijuana concentrate:
ROA:
immediate arrest
Criminal cultivation of marijuana at any age:
-Even 1 plant is a crime if not at primary residence
-if growing 13 or more plants at residence
ROA:
immediate arrest
Open container of marijuana in vehicle:
ROA:
$500 civil ticket may be issued to driver and/or passengers of any age.
Is odor, smoke, or visible signs of marijuana use sufficient to stop a vehicle?
YES.
This law overrules Comm Vs Rodriguez.
Marijuana
Criminal Public Possession is over:
2 Ounces AT ANY AGE= Illegal criminal possession.
Arrestable
How many 0z of marijuana can you carry on your person if you have a medical marijuana card?
up to 10 ounces.
Possession of under 2 oz or marijuana in private or public by youth under 21
18,19, 20=
Under 18=
18, 19, 20= $100 civil ticket
under 18= $100 civil ticket = 4 hour drug class +10 hours of community service
Marijuana:
Adults 21 and over in public:
It is legal for people age 21 and over to publicly possess, use, purchase, or process up to 1 ounce of marijuana, provided that there are not more than 5 grams of marijuana concentrate.
Possession of more than 1 oz but less that 2 oz:
$100 civil fine and forfeiture of the EXCESS marijuana. In short, an adult may walk away with an ounce.
Medical marijuana exception:
Generally, a medical cardholder may possess and transport up to (blank) of marijuana plant material or the equivalent amount of concentrate, (blank).
up to 10 ounces , 1.5 ounces of concentrate.
This is considered a 60 day supply for patients.
Criminal public possession of Over 2 ounces at ANY age:
(note: non medical card holder)
ROA:
Immediate arrest
Under 21: Possession of over 2 oz in private:
ROA:
Immediate arrest
Criminal possession
21 and over may possess up to how many ounces in their residence?
10 oz
21 and over: Possession of over 10 oz in residence that was not derived from a legal homegrow:
ROA:
Immediate arrest
Criminal possession
Over 1 ounce (from any source) not properly secured in a locked container:
ROA:
$100 civil ticket and forfeit unsecured excess.
Sell, or intent to sell, paraphernalia to youth under 21:
ROA:
Immediate arrest
misdemeanor
(actual sale to person under 18= FELONY)
Actual sale of paraphernalia to minor under 18:
ROA:
Felony.
Visible homegrow to naked eye from public place:
ROA:
Civil ticket ($300) and forfeit visible plants
1-6 plants at residence legal if adult.
If 7-12 plants (one adult):
ROA:
civil ticket ($100) and forfeit excess plants
7-12 plants legal if at least 2 adults; may never have more than:
12 plants
Growing 13 or more plants at residence is:
Criminal cultivation
Marijuana
Consumption on private property after being warned by owner or person in control:
ROA:
Arrest if still on the premises when officer arrives; otherwise complaint (this is trespassing)
20 year old admits to being “high on weed” but possesses no more actual marijuana.
ROA:
Civil ticket
Internal possession
True or false:
It is illegal for minors to possess any marijuana privately or publicly.
TRUE.
2 oz or less, privately or publicly= civil fine
Over 2 oz, privately or publicly= criminal possession
It is illegal for minors to possess any marijuana privately or publicly.
Over 2 oz, privately or publicly:
ROA
Criminal possession
True or false:
A minor may be a qualifying medical marijuana patient.
True.
minor cardholders 18-20= 10 oz or 1.5 of concentrate (60 day supply)
Minor cardholders under 18 may only possess or use it in the presence of thier registered caregiver.
A juvenile who cultivates 12 or fewer plants in his residence is subject to:
a civil ticket of $100 and drug awareness program
Marijuana
If officers find a person has manufactured marijuana (i.e. created concentrate in violation of 94G) for his own use, there is:
no available criminal penalty.
Officers should simply confiscate the manufactured marijuana under their forfeiture authority in 94 C
If a person has manufactured marijuana concentrate for more than himself, whether or not he intends to sell it, then he is outside the protection of 94 G and 94 C. He should be charged with:
Manufacturing Class D Drug
Adults may possess 10 ounces or less of marijuana PLUS any marijuana produced by cultivating and processing 6 plants per adult, but no more than (blank) plants per household, regardless of the number of adults living in the home.
12 plants
True or false?
Adults may possess 10 ounces or less of marijuana PLUS any marijuana produced by cultivating and processing 6 plants per adult, but no more than 12 plants per household, regardless of the number of adults living in the home.
True.
May landlords forbid cultivation activities by their tenants?
Yes.
94G allows a person who owns, occupies, or manages property to prohibit or regulate the “display, production, processing, manufacture, or sale of marijuana and marijuana accessories.
*while technically this statute does not forbid “cultivation”, the words “production” and “processing” should incorporate any cultivation activities until a court says otherwise.
Marijuana: Only primary residence:
No place expect a primary residence may be used to grow marijuana without a CCC license. A person who grows even a small quantity in a rented storage area, his workplace, or any other location outside his primary residence commits the crime of:
Unlawful Cultivation.
Without a CCC license, marijuana, in any amount, may only be grown for personal use or small scale “gifting”: (amount)
1 oz or less
Overwhelming marijuana use in the presence of young children may rise to the level of child endangerment:
ROA
Arrest for breach of peace in presence, otherwise complaint
Defendant called 911 to report a violent home invasion. When the sergeant learned there was marijuana growing in the basement, he ordered everyone out and secured the premises. Defendant provided his medical marijuana hardship registration. Police got a search warrant and seized 22 plants along with other materials for a grow operation. Defendant’s girlfriend told police he was not a regular marijuana user.
For unlawful cultivation with a hardship license, there must be an intent to cultivate more than the permitted amount, or:
an intent to distribute.
In this case, there was insufficient evidence of marijuana yield in excess of 60 day supply (no set plant amount)
However, there was sufficient evidence of intent to distribute:
-lack of drug paraphernalie
- girlfriend’s statement
-home invasion= others knew he was a dealer
- 2000 cash on his person despite being unemployed
For unlawful cultivation with a hardship license, there must be: (2)
- an intent to cultivate more than the permitted amount;
or
- an intent to distribute
True or false?
Adults 21 and over may legally (in public or private) possess, purchase, manufacture, or obtain marijuana accessories.
True.
True of false:
Adults and commercial businesses may sell marijuana accessories to other adults without a license.
True.
Ex. if a convenience store in a city or town wants to sell bongs, pipes, dabbing implements, etc they may immediately do so- so long as they do not sell, or possess them with the intent to sell, to someone under 21. Municipalities may restrict and/or regulate this activity with an ordinance or bylaw.
True or false:
People under 21 may not legally purchase or possess accessories (i.e. paraphernalia etc) but there is not civil or criminal penalty authorized by law.
True.
- ID minor
- confiscate paraphernalia
- document
If minor suspect objects to forfeiture, the department should seek an order of forfeiture from the district court.
Police may arrest offenders in their presence who possess accessories with intent to sell to anyone under 21, or who actually sold accessories to a minor age 18-20. If the actual buy was under 18 years old:
Felony.
Marijuana transfer to a minor under 21, regardless of whether the adult offender receives any payment is:
illegal.
Marijuana:
May a Furnishing violation be committed by both adults and minors?
Yes.
Marijuana:
Is suspect receives money or anything of value, charge:
Criminal Distribution.
A person under 21 may not:
- purchase or attempt to purchase; or
- make arrangements with an person to purchase or “in any way procure”; or
- Willfully misrepresent his age; or
- alter, deface, or falsify an ID with intent to purchase or obtain marijuana, marijuana products, or accessories.
Attempt to Illegally purchase or procure marijuana or accessories
Medical exemption: A minor may be a qualifying medical marijuana patient. Cardholders age 18 to 21 do not need a parent or guardian to lawfully purchase marijuana for MEDICAL purposes. Cardholders under 18 must:
be with a parent or guardian caregiver.
Is the legal right to possess and consume marijuana ever a defense to OUI?
Never.
No marijuana consumption (includes gummies) in any public place.
ROA:
$100 civil fine
No smoking marijuana in any place where smoking tobacco is prohibited
ROA:
100 civil fine
Marijuana
May employers prohibit possession or consumption by their employees in the workplace?
Yes.
They may also have policies restricting employee consumption (e.g. forbidding coming to work “high” or under the influence)
Delivering, or possessing with the intent to deliver, any drug (including marijuana) to any prisoner in a correctional institution:
ROA:
Felony.
Concealing marijuana in vehicle or on grounds of any correctional facility with the intent that an inmate receive it is also a FELONY
These laws do not apply to a police or courthouse lockup
May a person incapacitated by marijuana be placed into protective custody?
Yes.
and transported to an emergency medical facility for evaluation.
- disorderly
- unconscious
- in need of medical attention
- risk to cause personal injury or property damage
Medical Marijuana:
Can a physician approve more or less than 10 oz as a 60 day supply?
Yes.
CJIS will indicate when a higher or lower amount is authorized.
Cannabis Control Commission issues “cards” to eligible patients with “debilitating medical conditions” who receive certification from a Massachusetts physician for a minimum of (blank) and a maximum of (blank).
minimum 15 days
maximum 1 year
Medical Marijuana
A qualifying patient may be under 18 only if he has been diagnosed by:
two doctors (one must be a pediatrician), AND has a parent or guardian as a caregiver.
Personal caregivers must be:
at least 21 years old
Medical Marijuana
Patients must carry their card when possessing marijuana and notify CCC within (blank) of any change in information or lost or stolen card.
within 5 business days
Must medical marijuana patients carry their CCC card when possessing marijuana?
Yes.
Personal caregivers may cultivate marijuana on behalf of a patient who has obtained a hardship cultivation registration at either the patients primary residence or the caregivers primary residence, but:
not both.
An individual may serve as a personal caregiver for how many patients at a time?
One.
Except in the case of:
-employee of a hospice provider, nursing facility, medical facility; or
-visiting nurse, home health aide, personal care attendant; or
-An immediate family member of more than one registered qualifying patient.
Must patients and caregivers present their registration cards “to any law enforcement official who questions them regarding their use of marijuana?
Yes. As well as a 2nd ID
If the individual does not have a registration card on his person, officer can input the patients name, dob, and mothers maiden name into CJIS
