Law officials working in medical marijuana potentially could be forced to go beyond just the evidence of a home grow operation to gain probable cause for a search warrant.
Recently, the Supreme Judicial Court of Massachusetts identified that in order for law enforcement to get a warrant to search a home for illegal cannabis possession or grow operation, they must first be able to show substantial evidence that the people living inside of the homes are not properly registered to conduct such activities.
The latest judgment by the state’s most powerful court, making it unlawful for cops in medical marijuana states to use evidence of home marijuana cultivation as the primary reason for being able to get a search warrant, is in response to a 2013 case where the defendant Josiah H. Canning was caught for illegally growing 70 plants inside of his residence. The ruling revealed that while police may have in the past used a particular system as a way for establishing probable cause, the state’s new medical cannabis laws currently discount these variables as a means for suspected illegal activity.
So, the judge agreed to the defense’s motion to contain,the proof in this legal matter, stating that in order for law enforcement to apply for a search warrant, “they must offer information sufficient to provide probable cause to believe the individual is not properly registered under the act to possess or cultivate the suspected substance.”
Sadly for the prosecution, as Massachusetts attorney Leonardo Angiulo highlighted in an article for Worcester.com, law enforcement had everything they needed, except a crucial piece of evidence, proof the grow op was not being run by a medical cannabis patient.
“Going forward” Angiulo stated,“Going forward,” Angiulo explained, “this case seems to indicate that law enforcement need to show in search warrant applications that the issue has been investigated and provide evidence that no license authorizes the plants.”
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