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COMMONWEALTH v. VARGAS

SJC-11895.

475 Mass. 86 (2016)

55 N.E.3d 923

COMMONWEALTH v. DANNY VARGAS.

Supreme Judicial Court of Massachusetts, Essex.

August 3, 2016.

Attorney(s) appearing for the Case

Michael D. Cutler for the defendant.

Philip A. Mallard, Assistant District Attorney, for the Commonwealth.

Eva G. Jellison & David J. Nathanson, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

David A.F. Lewis, Sarah Heaton Concannon, & Robyn R. Schwartz, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

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

In this appeal, we are asked to decide whether the medical marijuana law, St. 2012, c. 369 (act),2 establishing immunity for the medical use of marijuana, applies in a probation surrender proceeding based on the use of marijuana, purportedly for medical purposes. The issue arises from a judge's order finding...

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