Commonwealth v. Lobo

The primary issue in this case arises from the change in our jurisprudence following the referendum that decriminalized the possession of one ounce or less of marijuana.1 See Commonwealth v. Cruz, 459 Mass. 459, 469-471 (2011); Commonwealth v. Keefner, 461 Mass. 507, 508 (2012); Commonwealth v. Daniel, 81 Mass. App. Ct. 306, 310-312, further appellate review granted, 462 Mass. 1101 (2012). On appeal from a conviction of trafficking in cocaine in an amount of fourteen grams or more but less than twenty-eight grams, see G. L. c. 94C, § 32E(£>)(1), the defendant contends that (1) the motion…