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Driving car while or after smoking pot in MA

Submitted by Anonymous on Tue, 04/26/2011 - 09:16
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My friend likes to sometimes smoke marijuana in my car when I'm driving him to clubs or wherever we might be going. I've asked him not to smoke in the car because I worry about being pulled over and being arrested for marijuana use or for driving under the influence. My friend says I worry too much and that pot is no longer illegal in MA. Can you give me some info on this please?

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Re: Driving a car while or after smoking pot in MA

Submitted by kevingaughenjr@... on Tue, 04/26/2011 - 11:44.

Operating a vehicle while under the influence of marijuana is a crime punishable by jail. The police may arrest you if they have a reasonable belief you were driving under the influence. While the possession of marijuana has been "decriminalized" by the legislature, possession is still a crime punishable by a fine. Your friend may have read the SJC's recent decision holding that officers may not order a person out of their vehicle based on the detection of the odor of freshly burnt marijuana by itself, however, if the odor is detected in conjunction with the observation or other indicia of crime the police may be able to justify an exit order.
 
You should also remember that it is a crime to distribute marijuana. While this crime is meant to punish drug dealers, it also punishes friends who share marijuana with other friends. The bottom line is that you are correct, you or your passengers should not use drugs and they should respect your wishes.
 
Attorney Kevin Gaughen, Jr.
 
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

New marijuana law

Submitted by The Editor on Tue, 04/26/2011 - 13:06.

I agree with attorney Gaughen's response and would add: Forget about the law.  It's your car.  If he wants to smoke pot in a car, let him drive his own.  However, I understand that is not the answer you're looking for.  Your friend is correct in that possession of small amounts of marijuana is no longer a criminal offense in Massachusetts.

In the case mentioned by attorney Gaughen, Commonwealth vs. Benjamin Cruz (April 19, 2011), Massachusetts Supreme Judicial Court found that “Without at least some other additional fact to bolster a reasonable suspicion of actual criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order.’’

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