A man received a summons to appear in the Plymouth District Court in Plymouth Country Massachusetts for:
- Distribution of a Class D Drug (to wit: marijuana): M.G.L. c. 94C, § 34
- Two (2) Counts of Possession of Marijuana +2 Ounces Outside of Residence: M.G.L. c. 94C, § 32C(a)
- Unregistered Recreational Vehicle: M.G.L. c. 90B, § 22
- Recreational Vehicle on Private Property: M.G.L. c. 90B, § 26(e)
The Massachusetts Environmental Police were patrolling the area along the powerlines in the Town of Kingston looking for illegal off-road operation and dumping. They stopped a vehicle that did not have an off-road vehicle permit. Upon speaking with the driver, who had a valid license to carry a firearm, he informed police he was looking for a good area to shoot his gun. Police inquired of him about debris in the vehicle’s cargo bed, but the driver denied that he was engaged in or planning to engage in illegal dumping. Police then detected an odor of marijuana and inquired of the driver if he had either marijuana or a firearm in the vehicle. The driver admitted to police that he had firearm, which was in a lockbox, and a marijuana pipe, but no marijuana inside the vehicle. They ordered the driver out of the vehicle, searched the lockbox, and inside located a loaded firearm, more than six ounces of marijuana, clear plastic sandwich bags, a digital scale, several THC candies, and two packets of “Dabs.” Police returned the driver’s firearm and issued the man a summons to appear in Plymouth District Court for a Clerk-Magistrate’s Hearing for Distribution of a Class D Drug (to wit: marijuana), two counts of Possession of Marijuana +2 Ounces Outside of Residence, Unregistered Recreational Vehicle, and Recreational Vehicle on Private Property. The driver retained Massachusetts Attorney, John L. Calcagni III, and his team to work on the case.
Dismissed. Following the Clerk-Magistrate’s Hearing, a criminal complaint issued solely for the two marijuana possession charges, but not regarding drug distribution or the motor vehicle offenses. Attorney Calcagni and his team appeared with the driver in Plymouth District Court to answer the criminal complaint. At arraignment, Attorney Calcagni and his team successfully persuaded the prosecution to dismiss all charges in exchange for the payment of court costs.