The Massachusetts Supreme Judicial Court stated people found with less than an ounce of marijuana could still be criminally charged with the intent to distribute, a ruling that some Boston University students said would not make users more cautious.
Chief Justice Roderick Ireland acknowledged the 2008 voter-approved statute that decriminalizes marijuana possession under an ounce, but said it “did not repeal the offense of possession of marijuana with intent to distribute,” in his opinion issued Monday.
“As such, while the voters, through the act, made specific amendments to the simple possession statute, the voters did not make any changes to [the statute] concerning the crime of possession of marijuana with intent to distribute,” Ireland said in the opinion.
Under the state’s Controlled Substances Act, a person who knowingly distributes Class D controlled substances can face up to a two-year prison sentence or a maximum $5,000 fine, a sentence that increases for more convictions.
The referendum passed in 2008 makes possession of marijuana less than an ounce a civil offense, with no jail term but a fine of $100.
But Ireland said these two crimes are distinct, with “different elements.”
While the “simple possession statute” only applies to a small amount of marijuana, the crime of possession with intent to distribute applies to any amount of marijuana, Ireland said.
The court also ruled the intent to distribute does not have to involve a sale. It quoted another case in defining the intent to distribute is a fact inferred from all the facts and circumstances of the case.
BU Sargent College of Health and Rehabilitation Sciences freshman Madeline Alexander said this new ruling would not make people more careful.
“I feel like the people that are going to carry pot are going to carry it no matter what and the little difference isn’t going to make a big change,” Alexander said.
She also said there would be many complications with intent to distribute.
“I feel like the intent to distribute is very iffy,” Alexander said, “and I think the police officers can use a lot of bias in their judgment depending on who they’re arresting with the pot.”
BU School of Management sophomore Matt Dwan said the ruling is “really dumb.”
“You can’t assume that someone’s going to sell,” Dwan said. “That’s like assuming that just because someone dresses provocatively they have intent to sell their body.”
However, Dwan said the ruling would probably make people more careful with their marijuana use.
CAS senior Dennis Serna said he thinks the ruling will not be very effective.
“Marijuana’s a very social thing, so everyone’s going to be distributing,” Serna said.
He does not think the ruling will make people more cautious.
Serna also said based off of his experiences at BU and the people he knows that use marijuana regularly, there is not much of a scare when carrying or meeting people with marijuana.
“It’s not really a big thing that I’ve encountered here in Boston,” Serna said.
Serna agrees with the statute that decriminalizes the possession of an ounce or less of marijuana.
“I don’t think it’s a very big deal,” Serna said. “There are bigger issues that need to be addressed instead of just a drug that has very minimal adverse effects.”
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