Commonwealth v. Jackson, 464 Mass. 758

Hempfest attendees were on a park bench; officers observed three men sharing a marijuana cigarette and detected a burnt-marijuana smell.
Officer Mahoney seized the cigarette from one companion and sought IDs to issue civil marijuana-possession citations.
The defendant stood up; Officer Byrne saw part of a plastic bag protruding from his pocket, which contained a substance resembling marijuana.
During a pat-down, the officer touched the backpack at the defendant’s feet; the defendant objected to touching the bag, but the backpack was opened and smelled like marijuana.
Inside the backpack, officers found numerous plastic bags with marijuana remnants totaling 23.5 grams (<1 ounce); the defendant was arrested for possession with intent to distribute and a related park/school violation.
The defendant moved to suppress the evidence as violated Fourth and Fourteenth Amendments and G. L. c. 276, § 1; a judge denied the motion and reconsideration; appellate leave was granted to appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sharing marijuana sociall y constitutes distribution under 94C §32C(a) after §32L decriminalization	Commonwealth argues sharing can still be distribution.	Keefner questions whether social sharing remains distribution post-§32L.	No; social sharing is not distribution; decriminalization applies to possession and social sharing does not create a distribution crime.
Whether officers had probable cause to arrest the defendant for distribution before the search	Officers could have arrested for distribution based on visual/smell evidence.	No probable cause for arrest existed from the observed social sharing.	Probable cause to arrest for distribution did not exist; search not justified as incident to arrest.
Whether the warrantless search could be sustained under the decriminalization framework (§32L)			Observation of decriminalized possession and social sharing does not authorize warrantless searches; search unlawful.
Whether the smell of marijuana in the backpack could validate a search of the backpack given illegal initial search			Even if scent suggested marijuana, it cannot cure an unlawful initial search; suppression affirmed.

Commonwealth v. Chown, 459 Mass. 756 (Mass. 2011) (probable cause and search incident to arrest standards in warrantless searches)
Commonwealth v. Cruz, 459 Mass. 459 (Mass. 2011) (statutory interpretation of §32L; decriminalization effects; purposive construction)
Commonwealth v. Fluellen, 456 Mass. 517 (Mass. 2010) (distribution vs. possession framework for drugs; transfer link concept)
Commonwealth v. Johnson, 413 Mass. 598 (Mass. 1992) (distinguishing transfer vs. joint possession in distribution analysis)
Commonwealth v. Rodriguez, 456 Mass. 578 (Mass. 2010) (interpretation of distribution in joint possession contexts)
Commonwealth v. Keefner, 461 Mass. 507 (Mass. 2012) (whether social sharing decriminalized; interpret §32L limits on distribution scope)