Commonwealth v. MacDonald

The defendant was convicted of distributing a Class D substance (marijuana), G. L. c. 94C, § 32C (a), and of committing a drug offense near a school. G. L. c. 94C, § 32J. The defendant appealed, arguing that the judge erred in denying his motions for required findings of not guilty because the testimony of the Commonwealth’s expert was inadequate proof that the substance seized was marijuana. He further urges us to require a cautionary jury instruction where the Commonwealth does not introduce forensic evidence of the chemical composition of a drug, and to prohibit the Commonwealth from using…