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COMMONWEALTH v. OVERMYER

SJC-11481

469 Mass. 16 (2014)

COMMONWEALTH v. MATTHEW W. OVERMYER.

Supreme Judicial Court of Massachusetts, Berkshire.

July 9, 2014.

Attorney(s) appearing for the Case

John P. Bossé, Assistant District Attorney, for the Commonwealth.

Janet H. Pumphrey for the defendant.

The following submitted briefs for amici curiae:

Esther J. Horwich & Justin R. Dashner for Committee for Public Counsel Services.

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

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

LENK, J.

In Commonwealth v. Cruz, 459 Mass. 459, 472 (2011) (Cruz), we held that, in the wake of the 2008 ballot initiative decriminalizing possession of one ounce or less of marijuana (2008 initiative), "the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity." This case requires us to resolve a question not explicitly answered in...

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