June 13, 2011

• Steven Topazio wrote this April 27, 2014 at 12:10 pm

The defendant was arrested after being found in possession of 1 ½ ounces of marijuana. As of January 2, 2009, Massachusetts decriminalized (but did not legalize) possession of one ounce or less of marihuana or tetrahydrocannabinol (THC). THC is the major active ingredient both of marihuana (a Class D substance) and hashish (a Class C substance). G.L. c. 94C, §§ 31, 32L & 34. New G.L. c. 94C, §§ 32L–32N together provide for a $100 civil penalty for possession of one ounce or less of marihuana or THC, using the existing citation procedures found in G.L. c. 40, § 21D. Despite this change in the law, and despite Attorney Topazio’s client possessing 1 ½ ounces of marijuana, Attorney Topazio convinced a court to reduce the charges against his client and continued the case without a finding “CWOF” for one (1) month to an amended complaint of a first offense. A CWOF on a drug offense avoids the collateral consequence of a license suspension by the Registry of Motor Vehicles that a guilty finding would cause.