The court acknowledged that its ruling leaves open the question of the actual definition of distributing marijuana. The court would not say, for instance, whether simply sharing the substance without receiving money constitutes distribution. The court said it would leave that question, posed by the defendant, “for another day.’’
The court stated its opinion was based on the case at hand, and that voters in the referendum decided solely on decriminalization of possessing an ounce or less of the marijuana. Justices said the change in that law should not imply a change in the distribution law as well.
“The crimes of simple possession of marijuana and possession of marijuana with intent to distribute are listed separately . . . and are distinct,’’ Ireland wrote. “Voters did not make any changes . . . concerning the crime of possession of marijuana with intent to distribute. Such an omission carries significance.’’
Berkshire District Attorney David F. Capeless, whose office prosecuted the case, said the court has made clear it is a crime to deal marijuana, regardless of the amount.
“I hope it sends a message that the court, and the public, are still very serious about the idea of drug dealing and that it’s not something that anyone wants to tolerate,’’ he said, adding that authorities are seeing an increase in street-level marijuana dealing and use since the referendum was passed.
The case centered on the arrest in Great Barrington on May 23, 2010, of Shawn M. Keefner. Keefner and several friends were at the home of one of the friends, whose mother reported to police the group was smoking marijuana on the front porch.
Police recognized Keefner from a previous arrest for possessing marijuana, and searched him. They found three bags of marijuana weighing a total of six grams, as well as a cellphone and $98 in cash.
A search of the cellphone showed that Keefner had received a text message from someone looking to buy marijuana about 20 minutes before police arrived. He was charged with intent to distribute marijuana.
