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Commonwealth v. Palmer Opinion Summary: After police found marijuana plants that collectively weighed less than one ounce growing in a closet in Defendant's home, Defendant was charged with cultivation of marijuana and committing that violation in a school zone. The district court granted Defendant's motion to dismiss, concluding that under Mass. Gen. Laws ch. 94C, 32L, a person who cultivates marijuana plants that weigh one ounce or less may not be charged with cultivation in violation of Mass. Gen. Laws 94C, 32C(a). The Supreme Court reversed, holding (1) this case was controlled by the Court's decision in Commonwealth v. Keefner, and (2) section 32L decriminalized simple possession but did not repeal the offense of cultivation of marijuana under section 32C(a) where the amount of marijuana cultivated is one ounce or less. COMMONWEALTH vs. Kenneth J. PALMER, JR. SJC-11225. Berkshire. Dec. 6, 2012. - April 5, 2013. Controlled Substances. Arrest. Constitutional Law, Search and seizure, Arrest. Search and Seizure, Arrest, Search incident to lawful arrest, Warrant. Statute, Construction. COMPLAINT received and sworn to in the Northern Berkshire Division of the District Court Department on September 28, 2010. A motion to dismiss was heard by Paul M. Vrabel, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. John Boss

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Massachusetts Law