Experienced Marijuana Attorney in Suffolk County

Aggressively Defending Against Marijuana Offenses 

Getting charged with a marijuana offense can be scary. Whether you were unaware of the nuances of evolving marijuana laws in Massachusetts or simply made an honest mistake, it’s crucial to seek experienced representation from a marijuana offense attorney as soon as possible after being charged with any cannabis offense, as they can ensure that your rights are protected and fight to avoid unjust criminal or civil penalties. 

At the Law Office of Frank D. Camera, our award-winning legal advocates will stop at nothing to safeguard your freedom and preserve your hard-earned reputation. We understand that good people find themselves on the wrong side of the law all the time, often through no fault of their own. That's why our firm is committed to defending residents throughout Suffolk County by providing the aggressive defense our clients deserve to take back their lives. 

Facing marijuana charges in Suffolk County? Our passionate drug crime attorneys can help. Contact us online to discuss your case.

Marijuana Laws in Massachusetts

Yes and no. When it comes to state marijuana regulations, federal laws and state-specific variations can make it difficult for cannabis users to understand what’s allowed and what isn’t. It’s crucial to understand how state laws apply to cannabis in terms of quantity, storage, location, and other key factors, as there can be a fine line between lawful and unlawful marijuana use in Suffolk County. 

Consider these fundamental provisions that govern marijuana use, growth, and possession in Massachusetts: 

• Age – It’s illegal for anyone under the age of 21 to use, buy, or grow marijuana. 
• Possessing marijuana in public  – Cannabis users are permitted to carry no more than 1 ounce of marijuana. Anyone who exceeds this limit may be subject to legal penalties like fines and jail time.
• Possessing marijuana at home – Marijuana users are permitted to keep up to 10 ounces of marijuana in their home or residence. Any amount over 1 ounce is required to be locked away in a secure place. 
• Cultivation – Massachusetts residents are legally allowed to grow up to 6 cannabis plants in their home for personal use (or up to 12 plants for 2 or more adults in the home). 
• Using marijuana in public – All marijuana use in public is illegal in Massachusetts and subject to criminal penalties. 
• Driving across state lines – It’s illegal to drive across state lines with any amount of cannabis.

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.