Commonwealth v. Vargas

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 the defendant, who claimed immunity under the act, in violation of probation for the use of marijuana, terminating the probation and imposing a sentence to State prison.

The defendant challenges the disposition and seeks a new probation surrender hearing, arguing that the sentence…