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Main Page Marijuana possession w/intent to distribute
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Posted by: nightcopppa

Just curious if there are any states with laws as outrageous as Mass. when it comes to possession of marijuana with intent to distribute. One has to possess 50 lbs. to rise to the level of a felony. So you grab some shitbag with 49 lbs., it's a MISDEMEANOR!! Can't even seize the car. What a joke!!

Posted by: Sgt K

Quote:

Originally Posted by nightcopppa

Just curious if there are any states with laws as outrageous as Mass. when it comes to possession of marijuana with intent to distribute. One has to possess 50 lbs. to rise to the level of a felony. So you grab some shitbag with 49 lbs., it's a MISDEMEANOR!! Can't even seize the car. What a joke!!

Can't speak for other jurisdictions and their controlled substance statutes but in Mass. the trooper/officer only has to prove that the subject has in her/his possession "an amount not consistent with personal use" to seek out a complaint for "intent to distribute" and move to forfeit the vehicle/conveyance. Unfortunately, most of our 94C violations are misdemeanors but a couple do have, upon conviction, minimum/mandatory sentences.
Under 94c-47(3)
"All conveyances, including aircraft, vehicles or vessels used, or intended for use, to transport, conceal, or otherwise facilitate the manufacture, dispensing, distribution of or possession with intent to manufacture, dispense or distribute, a controlled substance in violation of any provision of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, thirty-two I, thirty-two J, or forty. "
In simplistic terms, a l.e.o. stops a m.v. for whatever lawful reason(s). Observations are made that lead to p.c. to search, an amount of controlled substances not consistent with personal use are discovered........here we go...."News Flash".........seize the foolish car/motorcycle/boat!!!! Bring it back to the p.d./barracks or whatever the s.o.p. dictates. On the next business day of the court, contact the d.a.'s office. a.d.a. has ten days to file an "intent to forfeit" motion in Superior Court. Research the history of the vehicle. If the def. owes 30 k to the bank on the vehicle....release it back to the def. If the amount owed is minimal, p.d. can pay the rest of the note and keep it. If the vehicle is paid for, move to seize it.
An l.e.o DOES NOT need 50 pounds or 5,000 in currency to seize.....biggest misconception in patrol. Here's another one...........you DON'T have to be a detective to seize the vehicle. HOWEVER, one always needs to follow your department's policies and procedures in addition to M.G.L. requiring the rank of Sgt. and above to authorize a tow.
The seizure of the vehicle is a totality of the circumstances case. Find some packaging, product, and cash! Go for it! If you can add in the beeper, phone, crib notes, or scales....all the better. Just remember to enter EVERYTHING into evidence....including ALL cash on his/her person....it's no longer their property.
Keep in mind that if a complaint is taken out for "intent to distribute w/i a school zone or w/i 100 feet of a park or playground", the Commonwealth will have to bring in an expert to testify to satisfy the case law requirements. It's real straight forward process.

Happy hunting and as always,
Stay healthy and safe,

Posted by: 94c

Quote:

Originally Posted by nightcopppa

Marijuana is the only drug that requires a certain weight before you can seize the vehicle. (10 lbs)

Yes you need 50lbs. for the Trafficking Felony to kick in and it is only a 1 yr. mandatory.

All other drugs, all you need to show is possession with intent or distribution.( no matter how little is seized) to confiscate the vehicle.

Posted by: nightcopppa

Good stuff. I knew about all class A,B,C poss. w/intent seizures. I was unaware of the 10lbs. magic number though. I've had several substantial seizures on MV stops of weed, but the DA's never mentioned that info. That's good to know though. Where did you get that info? Thanks.

Posted by: 94c

94c-47 (c-4)
(4) No conveyance or real property used to facilitate the unlawful manufacturing, dispensing, or distribution of, or the possession with intent unlawfully to manufacture, dispense, or distribute marihuana or a substance, not itself a controlled substance, containing any marihuana shall be forfeited if the net weight of the substance so manufactured, dispensed, or distributed or possessed with intent to manufacture, dispense or distribute, is less than ten pounds in the aggregate.

Posted by: Sgt K

Quote:

Originally Posted by 94c

Thanks 94C in my haste to try and simplify I forgot about the 10 lb minimum for Class D

Posted by: Sniper

once again I learned something on the board............ Thanks guys.

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