Commonwealth v. J.D. – Distribution Marijuana / School Zone

3/21/13

South Boston District Court

Boston Police

– Client stopped on his bike while smoking a marijuana cigarette. Police search his backpack and find a large mason jar filled with marijuana. He is charged with Possession with intent to distribute class D and a school zone violation. The school zone charge carries a minimum mandatory 2 year jail sentence if convicted. Attorney Seed files a motion alleging that there is insufficient evidence in the police report to support the charge of “intent to distribute”. Furthermore, he argues that there is no evidence that the amount of marijuana recovered is more than one ounce – now the criminal threshold in MA. The judge agrees and dismisses the case outright.