br br As many may already know, in Massachusetts possession of under one ounce of marijuana has been decriminalized. This raised the question of whether the Commonwealth could pursue a charge of possession with the intent to distribute marijuana when the amount was less than an ounce. The Massachusetts courts have held that the charge can proceed. What has occurred with the passage of the legislation decriminalizing possession is that many police departments will now charge possession with the intent to distribute. In an intent to distribute case, there are many defenses including, Constitutional defenses in terms of how you were seized, how the drugs were found, legal defenses regarding whether the Commonwealth has enough evidence to proven an intent to distribute and often whether the Commonwealth can prove that you possessed narcotics if they were not under your direct control. When charged with a possession with intent to distribute case, if you have any questions, feel free to call me at: (781) 686-5924, I handle these case routinely in the district courts and would be glad to help.