Commonwealth v. Vargas

In a probation surrender proceeding based on the use of marijuana, purportedly for medical purposes, the judge found Defendant in violation of probation for the use of marijuana, terminated his probation, and imposed a prison sentence. Defendant, who was a qualifying patient under the medical marijuana law (act), appealed, arguing (1) his sentence violated his right to the medical use of marijuana without adverse legal consequences, and (2) counsel provided ineffective assistance by failing to assert the immunity provision of the act. The Supreme Judicial Court affirmed, holding (1) under the circumstances of this case, the judge did not err in finding Defendant in violation of his probation; and (2) there was no prejudice in counsel’s stipulating to the violation without raising the issue as a defense to the violation. View "Commonwealth v. Vargas" on Justia Law