Legal Question in Civil Rights Law in Massachusetts

The civil citation was probably based on the officer's visual assessment that the amount of marijuana seized was less than 1oz. and not on an actual weighing of the marijuana on a scale. It's hard to detect the difference of a quarter ounce visually, and the police will likely claim that while the marijuana initially looked under an ounce, they later weighed it and it came out to an ounce and a quarter. How do we even know that the scale that was used was accurate? Did they weigh the baggie along with the marijuana? How much of the substance weighed was stems? These are just a few ways to attack the alleged weight of the substance in question.

Over 1 oz is a criminal offense, under 1 oz is a civil citation. If the government intends to charge you criminally, one of the things they will have to prove is that you possessed more than 1 oz; the way they do this is through the testimony of somebody who actually weighed the substance at the State Police Crime Lab. Since the weight of the marijuana is a key issue to both any future criminal charges and possibly a disciplinary proceeding through the school, it is important that you can obtain an independent weighing of the marijuana. Hire a lawyer to act on your behalf to determine your defenses both to the weigh of the substance and any substantive motions you may have.

Best of luck,

Dominic Pang (617.538.1127)