Commonwealth v. Palmer
464 Mass. 773
| Mass. | 2013Background
- Defendant was charged with cultivation of marijuana and a school zone violation under G. L. c. 94C, §§ 32C(a), 32J for growing plants weighing less than one ounce in his home.
- § 32L, enacted in 2008, decriminalized possession of one ounce or less of marijuana to a civil offense, but did not expressly repeal other § 94C provisions.
- District Court dismissed, holding § 32L implicitly decriminalized cultivation of one ounce or less.
- Commonwealth appealed under G. L. c. 278, § 28E, and Mass. R. Crim. P. 15(a)(1).
- Keefner held § 32L does not repeal the criminal status of possession with intent to distribute when the amount is one ounce or less; court now addresses whether § 32L also decriminalizes cultivation of one ounce or less.
- Court reverses district court and remands for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 32L repeals cultivation for one ounce or less. | Keefner controls; § 32L decriminalizes possession only, not cultivation. | cultivation of one ounce or less remains criminal under § 32C(a). | § 32L does not repeal cultivation for one ounce or less. |
| Whether cultivation for personal use is decriminalized by § 32L. | § 32L decriminalizes possession; cultivation might be included. | Cultivation should remain criminal. | Cultivation remains criminal under § 32C(a) regardless of personal-use intent. |
| Whether § 32L’s amendments were intended to affect § 32C(a) or only § 34. | Acts decriminalize only possession, not cultivation. | § 32L could implicitly affect § 32C(a). | Act decriminalizes only possession under § 34; § 32C(a) remains criminal. |
| Concurrence’s view on cultivation for personal use. | Concurrence argues decriminalization of personal-use cultivation. | Majority rejects personal-use cultivation as criminal. | concurential view rejected; cultivation remains criminal. |
Key Cases Cited
- Commonwealth v. Keefner, 461 Mass. 507 (Mass. 2012) (held § 32L did not repeal criminal status of possession with intent to distribute when amount ≤ one ounce)
- Commonwealth v. Cruz, 459 Mass. 459 (Mass. 2011) (decriminalization of possession of ≤ one ounce; § 34 amended accordingly)
- Wolfe v. Gormally, 440 Mass. 699 (Mass. 2004) (statutory interpretation: interpret as a whole; avoid implied repeal)
- Commonwealth v. Harris, 443 Mass. 714 (Mass. 2005) (textual interpretation principles; words construed by common usage)
- Commonwealth v. Callahan, 440 Mass. 436 (Mass. 2003) (interpretation of statutory terms; avoid adding words not present)