In this BHA proposed termination decision, the hearing officer determined:
Multiple baggies in a bag with an ounce of marijuana is not grounds to find intent to distribute.
Federal law still prohibits possession of marijuana, but the fact that MA has decriminalized an ounce or less demonstrates community standards.
Head of household's ignorance of son's activities and having osteoporosis and likely becoming homeless if housing is terminated are sufficient mitigating circumstances to overcome possession of an ounce.
Because the court dismissed intent to distribute based on an illegal search means there was no crime of intent to distribute, despite bag full of baggies.
No corroboration of intent to distribute such that there could be finding of fact as to that in absence of conviction.
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