Commonwealth v. Smith

*437 The defendant, Tyemike Smith, appeals from his conviction of operating a motor vehicle under the influence (OUI) of marijuana in violation of G. L. c. 90, § 24 (1) ( a ) (1), following a jury-waived trial in the District Court. Relying on Commonwealth v. Gerhardt , 477 Mass. 775 , 776-777, 81 N.E.3d 751 (2017), the defendant claims he is entitled to a new trial because of errors in the admission of evidence regarding impairment due to marijuana consumption. The trial judge's treatment of the evidence fully anticipated the holding in Gerhardt . We therefore affirm the conviction.

Background .…