Commonwealth v. Keefner, 461 Mass. 507

Defendant charged with possession of marijuana with intent to distribute as a subsequent offense under G. L. c. 94C, § 32C(a) and (b).
Incident occurred May 23, 2010; six people on a front porch; police found three bags of marijuana totaling six grams (<1 oz).
Defendant moved to dismiss, arguing § 32L decriminalized possession of one ounce or less, so no offense for possession with intent to distribute when amount is that small.
District Court granted the motion to dismiss; Commonwealth appealed seeking to preserve § 32C(a) liability despite § 32L.
Court held § 32L did not repeal the offense of possession with intent to distribute for one ounce or less; distribution remains criminal under § 32C(a) and § 34 remains separate.
Concerning suppression, police conducted a warrantless search of defendant; issue was whether probable cause supported the search; evidence and text messages were suppressed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Effect of §32L on §32C(a) for ≤1 oz.	Commonwealth argued §32L repealed or implicitly repealed §32C(a) for small amounts.	Defense argued decriminalization cancelled all §32C(a) liability for ≤1 oz.	§32L did not repeal §32C(a) for ≤1 oz.
Scope of 'distribute' under §32C(a) post-§32L.	Distribute requires sale; §32L limits only certain conduct.	Distribution could occur without sale; §32L shows decriminalization but not full legalization.	Distribution is not limited solely to sale; act’s scope remains broader than sale.
Probable cause for warrantless search and suppression.	Officer had probable cause given possession of contraband and past incidents.	Search lacked probable cause and was unlawful.	Probable cause lacking; suppression of marijuana, cash, cellular telephone, and text messages affirmed.

Commonwealth v. Cruz, 459 Mass. 459 (Mass. 2011) (statutory construction; decriminalization context and purpose of §32L)
Commonwealth v. Washington, 449 Mass. 476 (Mass. 2007) (probable cause standard for warrantless searches)
Commonwealth v. Santaliz, 413 Mass. 238 (Mass. 1992) (probable cause and exigent circumstances framework)