This article was originally published on the Marijuana Patients Organization site on March 24, 2011.
BOSTON — The Massachusetts Supreme Judicial Court has ruled in Commonwealth v. Cruz, an American Civil Liberties Union case, that the mere smell of marijuana no longer justifies a search or seizure, because the possession of a small quantity of marijuana is no longer criminal in Massachusetts.
Massachusetts voters in November 2008 approved Question 2, which decriminalized the possession of an ounce or less of marijuana. In its ruling, the Court said, “Ferreting out decriminalized behavior with the same fervor associated with the pursuit of serious criminal conduct is neither desired by the public, nor in accord with the plain language of the statute.”
“Today’s ruling is a strong statement that police cannot treat decriminalized conduct as if it were a serious crime,” said Scott Michelman, staff attorney with the ACLU Criminal Law Reform Project. “Heavy-handed police enforcement in the face of minor drug infractions not only wastes public resources but disproportionately affects communities of color.”
“Ultimately, the question in this case was whether the decision of Massachusetts voters in favor of marijuana decriminalization will have practical meaning, or whether we’ll go on with business as usual,” said John Reinstein, legal director of the ACLU of Massachusetts. “The courts have now said we have to give meaning to the new language of the statute.”
The decision in Commonwealth v. Cruz is not about operating under the influence. Separate rules for dealing with impaired drivers remain unchanged. This decision is about police authority to search further and means that the smell of marijuana does not suggest a crime is being committed or that a further search is justified.