Marijuana Establishment Licenses
Marijuana Cultivation Licenses
Marijuana Testing Facility Licenses
Marijuana Product Manufacturer Licenses
Marijuana Retailer Licenses
Hemp
Licenses for Marijuana-Related Businesses
Marijuana Cultivation for Personal Use
Marijuana Possession for Personal Use
Marijuana Consumption for Personal Use
Marijuana and Housing
Marijuana and Employment
Marijuana and Probate Cases
Civil Rights
Marijuana/Cannabis/Hemp
Some of our experience:
- NORML (National Organization for Reform of Marijuana Laws) legal committee member – because of this group, have had many opportunities to work on many marijuana related issues, along with daily communications and discussions about marijuana reform with the most influential players in the field.
- Marijuana dispensaries – represented various applicants for marijuana dispensaries in Massachusetts.
- Medical marijuana caregivers – advised dozens of caregivers as their duties and responsibilities under the law, and helped caregivers implement plan of action.
- Medical marijuana patients – advised dozens of medical marijuana patients as to their duties and responsibilities under the law, and helped patients implement plan of action.
- Medical marijuana criminal defense – In the beginning months of the medical marijuana law’s implementation, lots of medical marijuana patients were arrested for their lawful possession of medical marijuana. The law enforcement community had not caught up to the law. Accordingly, we represented and advised many clients in that position.
- Legislative drafting – helped draft and advocate legislation.
- Commonwealth v. Overmyer – As amicus curiae in the Supreme Judicial Court of Massachusetts, successfully argued that the odor unburnt marijuana alone does not constitute probable cause to search a vehicle.
- Commonwealth v. Canning – As amicus curiae in the Supreme Judicial Court of Massachusetts, successfully argued that for purposes of obtaining a search warrant, police are required to ascertain that an individual suspected of cultivating marijuana does not have a lawful medical marijuana license and a “cultivation registration” that would authorize such activity, or must provide facts at least supporting an inference of the same.
- Downing v. DPH – Represented the plaintiff in his lawsuit against the Department of Health, arguing that until medical marijuana dispensaries open in Massachusetts, people such as the Plaintiff may distribute marijuana to unlimited qualified medical marijuana patients. This case received national attention and is still ongoing.
- Commonwealth v. DOE – In a district court case involving driving under the influence of marijuana, argued that standard field sobriety tests, as used by a majority of police officers, was designed solely to indicate alcohol intoxication, not marijuana intoxication. The standard field sobriety tests were the result of studies done by the Department of Transportation in the 70’s and 80’s, and were designed to indicate level of alcohol intoxication fairly accurately, not marijuana. This issue is still pending decision by an appellate Court.
- Commonwealth v. DOE – Successfully argued that once qualified medical marijuana patients present police required evidence of their status, police are not allowed to further investigate situation unless there is independent evidence of probable cause or reasonable of a crime or civil violation.
- Commonwealth v. DOE – In a district court case, successfully argued that hashish is covered under the medical marijuana law, because hashish is a derivative of marijuana, and the statute allows for derivatives of marijuana to be used.
- Forfeiture cases – represented clients in cases involving marijuana seizure by the government.
- Bill Newman Show – a guest on local talk show several times regarding the topic of marijuana law. Also, recordings of my speeches have been played on the show.
- Extravaganja – honored speaker at UMASS’s Extravaganja for several years. One year, spoke alongside Dr. Lester Grinspoon, famed marijuana activist, Associate Professor Emeritus of Psychiatry at Harvard Medical School, and founding editor of The American Psychiatric Association Annual Review and the Harvard Mental Health Letter.
Massachusetts Marijuana Legalized
On November 8, 2016, voters in Massachusetts, by 53.57%, voted yes to question 4, the Massachusetts Marijuana Legalization Initiative.
The initiative provides a framework of how marijuana may be consumed and used in the Commonwealth of Massachusetts.
Starting December 15, 2016, residents of Massachusetts may grow marijuana. Residents will be allowed six plants per person. And, 12 plants max per household.
On the street, people are allowed up to 1 ounce of marijuana on the person. But, are allowed up to 10 ounces of marijuana inside their home. Inside the house, you may only have 1 ounce of marijuana that is not locked. In other words, if you were to have 10 ounces of marijuana in the house, nine of the ounces must be locked up, and only one ounce may be allowed to be out in the open.
People may consume marijuana in or on private property as long as that private property is not unknown tobacco smoking place. In other words you may consume anywhere you are allowed to consume tobacco, as long as the consumption is also on private property. For those found in violation of smoking in public there will be a fine and forfeiture of your marijuana.
There are also limits to transportation of marijuana. Most importantly, there can be no interstate travel with marijuana. in other words, people may not purchase marijuana in Colorado and bring it into Massachusetts, and vice versa. During automobile transport, all marijuana must be stored out of the passenger compartment, and preferably in a closed, locked position.
The limits of transportation, however, change, if acting as an agent of a licensed Marijuana Entity.
The Law Offices of Marvin Cable has been at the forefront of the law since inception. Marvin Cable is on the legal committee for National Organization for the Reform of Marijuana Laws (NORML).
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