COMMONWEALTH v. CANNING

No. SJC-11773.

471 Mass. 341 (2015)

COMMONWEALTH v. JOSIAH H. CANNING.

Supreme Judicial Court of Massachusetts, Barnstable.

April 27, 2015.


Attorney(s) appearing for the Case

Elizabeth A. Sweeney , Assistant District Attorney, for the Commonwealth.

Richard F. Comenzo for the defendant.

The following submitted briefs for amici curiae:

John M. Collins for Massachusetts Chiefs of Police Association, Inc.

Paul R. Rudof , Committee for Public Counsel Services, for Daniel J. Chao & another.

Steven S. Epstein & Marvin Cable for National Organization for the Reform of Marijuana Law.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.


We consider here for the first time the Commonwealth's new medical marijuana law, "An Act for the humanitarian medical use of marijuana," St. 2012, c. 369 (act), which the voters approved in November, 2012.1 The central question presented is whether, with the act in effect, police may obtain a search warrant...

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