Commonwealth v. Bergquist

The defendant was convicted of possession of marijuana as a first offense under G. L. c. 94C, § 34. The only question he raises in his appeal is whether his sentence, thirty days to be served in a house of correction, was precluded by the third paragraph of G. L. c. 94C, § 34. We hold that the sentence was properly imposed.

It may be helpful to set forth the statutory scheme of § 34 before examining the proceedings involving the defendant. The *54first paragraph of § 34 sets forth the penalties for unlawful possession of certain drugs, one of which is marijuana. The penalty for that offense is…