SCJ ruling on marijuana cultivation Search Warrants
|Posted on Apr 29 2015|
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The Massachusetts Supreme Judicial Court has ruled that officers must verify that person are not registered as medicianl marijuana users/cregivers when applying for a search warrant for marijuana grow operations. See Comm v Canning.
A search warrant for a grow operation in Brewster MA was issued. The court ruled that there was sufficient proof of marijuana culticvation HOWEWVER, there was no indication that it was an ILLEGAL marijuana grow opertion as opposed to one licensed as a medcinal marijuana grower, a registered user or regstered personal caregiver. In the future officers will need to check the regitered user/caregiver list.