Massachusetts Landmark Legal Rulings

Comm. v. Cruz, 459 Mass. 459 (2011)

 "[T]here was no basis on which the police could order the defendant out of the vehicle without at least some other additional fact beyond the mere odor of burnt marijuana... in light of the enactment of G. L. c. 94C, §§ 32L-32N, which decriminalized possession of less than one ounce of marijuana."

Comm. v. Keefner, 461 Mass. 507 (2012)

The law which "decriminalized possession of one ounce or less of marijuana, did not repeal the offense of possession with intent to distribute marijuana, in violation of G. L. c.94C, § 32C (a), where the amount of marijuana possessed is one ounce or less."

Comm. v. Rodriguez, 472 Mass. 767 (2015)

The mere odor of burnt marijuana is insufficient cause to stop a motor vehicle.