Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

MASSACHUSETTS MEDICAL MARIJUANA CONSULTANT FACES CRIMINAL CHARGES FOR POSSESSION WITH INTENT TO DISTRTIBUTE

As I write this the website for his Cannabis Consulting is still up and, seemingly, ready for business.

However, 41-year-old Ezra Parzybok (hereinafter, the “Defendant”) may have a fight on his hands to keep said business going.

You see, the Defendant has been caught up in one of the biggest hypocritical snafus that the Commonwealth has to offer these days.

You guessed it. We are talking about the semi-legalization of marijuana. Weed. Pot.

That substance that most experts say is not harmful but seems to be causing so much confusion and trouble that trying to figure it all out could lead one to heroin.

The Defendant, according to the Boston Herald ,may have been alittle over=zealous regarding his services.

The Commonwealth alleges that the Defendant had more than 60 marijuana plants at his home. Well, to be specific, that would be 67 marijuana plants, 59 jars of hash oil and $1,640 in cash in his home. This was discovered during a search of his residence in September.

Apparently, the Defendant has made no secret about his views on the subject. He has been a vocal medical marijuana advocate and talks openly about his business, which advises licensed medical marijuana patients about different strains of the drug.

The Defendant’s lawyer claims that his client was simply “caught in the breach” in a time when medical marijuana was legal but patients did not have a reasonable way to get it.

The Defendant is scheduled to be arraigned next month.

Attorney Sam’s Take On The Quandary Of Semi-Legalization

This is a day in which more and more states are realizing the fallacy of keeping marijuana illegal. That would include Massachusetts by the way.

In fact, medical science is learning more and more about the benefits of said plant.

Unlike alcohol and tobacco, by the way, which are basically considered killers but are perfectly legal for adults.

Perhaps use of those products explains why our law makers and enforcers have the state of mind which leads them to enact and enforce the marijuana laws as they do.

Marijuana is perfectly legal, up to a point, for your own use. In the case of medical marijuana, you can even get a license to use it.

However, the powers that be make it as difficult as possible to get it. If the wrong person sells it…it is a felony. If you decide to save your money and grow your own… we assume you are about to become the dreaded drug dealer. In other words, you face the same criminal action.

It is important to remember that one need not be paid in order to be charged with distribution or the intent thereof If you share your marijuana you are distributing it. The amount is another issue.

This is another one of those instances where your logical parts of your brain are likely to get you into legal trouble. The reality is counter-intuitive.

You might think, “well, since we know pot is not really bad for you, and it is basically not illegal to have and smoke, then law enforcement is not really going to care about it.”

Wrong. For the most part, law enforcement is quite angry about the decriminalization of marijuana and if they can find a way to prosecute it…they will.

“If I am just sharing some of mine with someone who has a license for medical marijuana, nobody is going to charge me with a felony, right?”

Wrong. Again, distribution. Felony. May even be in a school zone!

“Surely, since it is not illegal for me to smoke, then the law recognizes that I have to buy it someplace, right?”

Sure. But that place will be liable for the felony of distribution as reflected above. In short, unless it comes under some medical marijuana distributor, you cannot get it from someone (for money or anything) without exposing them to felony charges.

Incidentally, so long as you are in the United States, the feds can come get you for possession anyway because the federal system still considers any possession of marijuana to be a crime.

The bottom line?

The same as usual. Sometimes, the law and rules of procedure and evidence are so counter-intuitive that you need someone to guide you through them who is very familiar with the terrain.

Who might that be?

If you are a reader of mine…you know the answer already

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