“The allegations in the police report, the conduct described there, even if all of it were proven to be true, it would still not amount to a crime under the law,” said Joe Goldberg-Giuliano, Kattar’s attorney on Tuesday.
“There is no law in Massachusetts that expressly prohibits gifting cannabis as incidental to a separate commercial transaction,” according to the motion to dismiss the case.
The provision of the law allows marijuana to exchange hands without “renumeration” as long as the transfer is “not advertised or promoted to the public.”
The dismissal was denied.
Humble Bumble is not the first business to sell marijuana under the auspices of the gifting provision.
The Associated Press found that at least four companies operated in the state since recreational marijuana was legalized.
According to an article published in February, HighSpeed has drivers that deliver high-priced bottles of juice within 7 miles of downtown Boston that also come with a “gift” of marijuana. Duuber is a Boston-area company that ostensibly sells marijuana-themed T-shirts but also rewards its customers with marijuana gifts.
Goldberg-Giuliano said Kattar’s case is the only “gifting” related case he is aware of that is being prosecuted.
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“It’s not like law enforcement doesn’t know this is going on, they do, it’s just most law enforcement agencies have chosen not” to prioritize it, he said.
As of February, the Associated Press found no prosecutions related to so-called gifting operations.
In western Massachusetts, officials looked into a Craigslist ad offering plastic sandwich bags ranging from $20 to $325 a pop last January — the marijuana included in them, of course, was “free.”
But authorities couldn’t prove the identity of the seller, so no charges were filed, a spokesperson for the district attorney for Northwestern Massachusetts said. The advertisement has since been taken down.
In Springfield, city officials ordered a smoke shop called Mary Jane Makes Your Heart Sing to shut down last March after it gave marijuana to customers who paid a $25 to $50 admission fee.
The owners cooperated with a cease-and-desist order and haven’t reopened the shop, Police Commissioner John Barbieri said.
And in Boston, police said they had “no records responsive” to the AP’s request.