Commonwealth v. Richardson

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The Supreme Judicial Court affirmed Defendant’s conviction of possession with intent to distribute marijuana and reversed his conviction of unlawful cultivation of marijuana, holding that the jury instructions on unlawful cultivation were erroneous, and this error created a substantial risk of a miscarriage of justice. In addition, the evidence was insufficient to support a finding that Defendant, a medical marijuana patient, exceeded the home cultivation limit. The Court further held (1) there was sufficient probable cause for the search warrant, and Defendant’s motion to dismiss also was properly denied; (2) even if the jury instruction on possession with intent to distribute was in error, it did not create a substantial risk of a miscarriage of justice; and (3) the evidence was sufficient to support Defendant’s conviction of possession with intent to distribute beyond a reasonable doubt. View "Commonwealth v. Richardson" on Justia Law