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Mass. Court: Intent To Sell Pot Still A Crime

This article is more than 7 years old.

Massachusetts' highest court has ruled that an individual can be criminally charged with attempting to distribute marijuana even when the amount of pot discovered is less than an ounce.

But the court left open the question of whether those same charges can be leveled against friends sharing a marijuana cigarette.

The decision was intended to help clarify a 2008 voter-approved ballot question that decriminalized possession of small amounts of the drug. Those caught now face a $100 fine.

In two rulings Monday, the Massachusetts Supreme Judicial Court said the 2008 law doesn't shelter those charged with possession with intent to distribute less than an ounce of marijuana.

But the justice said that they decided to "leave for another day" a final decision on the question of whether passing around a marijuana cigarette constitutes distribution.

This program aired on February 13, 2012. The audio for this program is not available.

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