Whoah Boston – Did you miss the memo from Pennsylvania? Wait…in that case the accused had a medical marijuana card…this one did not
A new Supreme Judicial Court ruling could put increased pressure on illegal marijuana sales in the state, as regulators work to grow the legal market for the drug.
On Monday, the state’s highest court said that the odor of unburnt marijuana can be part of — but not the sole reason — for probable cause to execute a search warrant of a property — potentially giving police greater latitude in investigating illegal marijuana operations.
“Here, the circumstances before the magistrate formed a complete picture of which the overwhelming smell of unburnt marijuana was one factor,” the decision states.
The case has been remanded back before the District Court.
The state has struggled to combat the black market for marijuana, given the slow rollout of recreational dispensaries in the state. Nearly three years after voters opted to allow for marijuana to be sold for recreational use, just 22 such retail shops have opened in the state.
The question of the search warrant grew out of a 2017 police search of an Amherst warehouse, when police cruisers were on patrol and saw two cars parked suspiciously outside of a remote warehouse, according to the court decision.
A search of the vehicles’ registrations indicated that one owner had previous convictions over the past two decades for both possession of marijuana and possession of marijuana with intent to distribute.
The officers walked around the windowless, cinder-block building and found that the ventilation vents were blocked by plywood, and that new ventilation pipes were recently installed. Police also said they smelled an “overwhelming odor of unburnt fresh marijuana.”
Officers contacted the owner of the building, who said he had rented the building to the defendant for the past year. Police checked state records and found that neither Long nor the owner of the car had a medical marijuana card, nor was authorized to grow marijuana under a hardship license.
Komorn Law recommends you renew your medical marijuana registration card if you qualify to do so. If you have been arrested or charged with a marijuana crime research an attorney here or call Komorn Law at 248-357-2550 for a free case evaluation
Officers received a search warrant, and found money, equipment to cultivate marijuana, and at least 50 pounds of cannabis in the warehouse.
Read More Here At the Boston Globe
