Commonwealth v. R.W. – Marijuana & BHO Cultivation
– Ipswich District Court @ Newburyport
– Topsfield Police
– Client and girlfriend were arrested in January after the Topsfield PD executed a search warrant on their home. As a result of the search, police recovered what they called a “large marijuana and BHO (Butane Honey Oil) manufacturing operation in the basement”. The police stated they recovered over 18 pounds of marijuana in various stages of processing in numerous bags along with 78 live plants ranging from 6 inches to 5 feet tall. They also seized over a pound of BHO, a class C substance. Both suspects had medical marijuana certificates at the time of the search. Attorney Seed and his client fought the case for months and filed motions to dismiss and suppress. The motions were based on the fact that the sole reason the police were granted a search warrant was due to the smell of fresh marijuana emanating from an open window when the police responded on a separate occasion for a possible break-in. Attorney Seed was able to use a recent Supreme Judicial Court decision related the smell of fresh marijuana and convince the Essex County DA’s Office not to challenge his motion. At a hearing, the Commonwealth did not oppose the motion and all charges were dismissed. Attorney Seed filed a motion for return of property which will be heard in September.