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11-15-2009, 09:03 PM #11Junior Member
Decriminalized in MA, can I get in trouble for buying?
Originally Posted by Rouier
After a little research on some legal databases (I'm a law student) I found the definition in Mass. for distribute to be: "to deliver other than by administering or dispensing a controlled substance." So it really just means "to deliver" - the reason the "other than by..." line is in there is to differentiate it as to whether it was legally obtained through a prescription or other legal method.
As far as case law goes, I have not found one case that has considered the purchasing a criminal offense. It is the "possession" after the purchase that is illegal (or a civil offense if not more than an ounce). The only time the purchase is illegal is if it is in a high enough quantity to constitute trafficking (which requires a HELL of a lot) or if it can be construed that you purchased (and therefore possess) with the intent to distribute - which is not a concern for personal use.
Cheers
EDIT: I should mention that I think there is a provision in there regarding "school zones." So stay away from them and you should be alright.
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