20 Year old Marijuana Possesion

[Liquid Courage]

Hey shooters. I've a question about my eligibility and what I can do to help get my LTC. I've searched here and read a few threads, but either they are older and laws have changed, or they didn't exactly fit my scenario. I do apologize if there is an existing thread that would answer my questions with current answers.

1998 I was arrested and convicted with a misdemeanor possession of a class D controlled substance "marijuana". All I truly had was a used pipe.

It was my first and only conviction of this type.

The way I'm understanding the law is that this is an automatic disqualifier. Is this only on the state level? is it federal? Since weed is essentially legal now in MA if I was pulled over tomorrow, it wouldn't be on my record. What steps do I need to take? Is it at the discretion of my local PD, or if it goes to the feds is that where I'll be shot down?

Do I have any hope or being a dumb 18 year old kid 20 years ago revoke my rights for life?

Thanks for any input.

 

[Rob Boudrie]

1. It *WAS* a state level disqualifier.

2. It is no longer a disqualifier in MA if under 1oz. See Wesson v. Fowler. This was accomplished by a Comm2A initiated federal case.

 

[Liquid Courage]

So I should be ok to proceed? just answer yes on question 7 of the application "have you ever been convicted of the unlawful use, possession, or sale of controlled substances as defined by M.G.L. c. 94c § 1? and answer truthfully during interview?

 

[Liquid Courage]

Lowell, BTW... which is another hurdle.

 

[Fixxah]

Do NOT answer with anything but the truth.

 

[Rob Boudrie]

So I should be ok to proceed? just answer yes on question 7 of the application "have you ever been convicted of the unlawful use, possession, or sale of controlled substances as defined by M.G.L. c. 94c § 1? and answer truthfully during interview?

Yes, but you should also provide a court certified copy of the disposition and, if available, a transcript of the trial proving it was for less than one ounce.

 

[42!]

Yes, but you should also provide a court certified copy of the disposition and, if available, a transcript of the trial proving it was for less than one ounce.

I don't know about other courts but when I tried to get a recording, so I could get a transcript, in district court, they wanted the date time and courtroom. Docket only showed the date, so I was SOL. This was an 17 year old case.

Are there really courts in MA that can pull up an old recording without this level of detail?

 

[snax]

I don't know about other courts but when I tried to get a recording, so I could get a transcript, in district court, they wanted the date time and courtroom. Docket only showed the date, so I was SOL. This was an 17 year old case.

Are there really courts in MA that can pull up an old recording without this level of detail?

Probably more of a method of keeping you away from your records, because if you are looking for them, it's to your benefit. They can't have that. Guaranteed if someone else was looking for it to "get" something on you, they would have it queued up in no time at all.

 

[42!]

Probably more of a method of keeping you away from your records, because if you are looking for them, it's to your benefit. They can't have that. Guaranteed if someone else was looking for it to "get" something on you, they would have it queued up in no time at all.

But what is the court's obligation to provide the recording? In general, not just for me.

 

[snax]

But what is the court's obligation to provide the recording? In general, not just for me.

I wouldn't know. I'm just guessing that the average person walks in and doesn't know the process or the law, and they take advantage of it.

 

[nstassel]

Well the other issue is that first offense marijuana, even when it was a crime, carried a cwof for 6 mos. as maximum penalty. If you got a guilty finding, you obtained defective advise and the plea was not valid probably. In fact, even if you had no lawyer, because of the statute's provision you were entitled to that disposition for possession you should be able to get the conviction tossed I think.

 

[Rob Boudrie]

Well the other issue is that first offense marijuana, even when it was a crime, carried a cwof for 6 mos. as maximum penalty.

It may have been so as a matter of either defacto or formal court policy, but I have never seen a MA law that contains a CWOF as a prescribed maximum punishment. I respect the fact that you are a well regarded attorney, so I am very curious about this statement and would welcome education as to what MGL actually contains reference to a CWOF as a max penalty.

 

[bfm]

Pay Jason Guida or other attorney of your choosing a a few hundred to make sure it goes as well as it can.

 

[42!]

Pay Jason Guida or other attorney of your choosing a a few hundred to make sure it goes as well as it can.

Sound advice.

Personally I don't think the OP has anything to worry about. But IANAL and it's not my neck on the block.

 

[nstassel]

It may have been so as a matter of either defacto or formal court policy, but I have never seen a MA law that contains a CWOF as a prescribed maximum punishment. I respect the fact that you are a well regarded attorney, so I am very curious about this statement and would welcome education as to what MGL actually contains reference to a CWOF as a max penalty.

The old version of Section 34 of Ch. 94c contained this language " "Notwithstanding any other penalty provision of this section, any person who is convicted for the first time under this section for the possession of marijuana or a controlled substance in Class E and who has not previously been convicted of any offense pursuant to the provisions of this chapter, or any provision of prior law relating to narcotic drugs or harmful drugs as defined in said prior law shall be placed on probation unless such person does not consent thereto, or the court files a written memorandum stating the reasons for not so doing. Upon successful completion of said probation, the case shall be dismissed and records shall be sealed." Because the maximum sentence for Cl. D was 6 mos. these two provisions were generally interpreted in concert to allow a first offender to receive a 6 mos. period of probation which would be dismissed following completion of probation and sealed. If probation was imposed pre-trial, then there would be probation without a finding of guilt-hence a CWOF.

 

[LuvToGoFast]

I don't know about other courts but when I tried to get a recording, so I could get a transcript, in district court, they wanted the date time and courtroom. Docket only showed the date, so I was SOL. This was an 17 year old case.

Are there really courts in MA that can pull up an old recording without this level of detail?

If its anything like family court, The recordings are destroyed after 3 years...Or so I was told by the court and a friend who is a court employee

 

[Chevy 2 65]

Pay Jason Guida or other attorney of your choosing a a few hundred to make sure it goes as well as it can.

Close the thread

 

[Rob Boudrie]

My thanks to Atty Tassel for his excellent description of the probation in MGL (I was looking for CWOF and Continued, not probation, when I scanned). Most useful and enlightening.