What about the guy who has less than an ounce, which is essentially legal, and is selling it to school kids? The police can’t even make the guy give his name.
It is a civil violation - that means the police can get his name. I also do not think that is covers selling.
Section 2. Chapter 94C of the General Laws is hereby amended by inserting therein a new Section 32L, making the possession of one ounce or less of marihuana punishable only by civil penalties and forfeiture. That new section shall read as follows:
http://www.boston.com/news/politics/2008/massachusetts/question2_text/
I don't think the law was changed for sales, especially sales to minors, thus they are still subject to arrest. Do you have any more strawmen set up?
He should be arrested and thrown in prison, no questions asked. However, this is less likely to happen than the current problem of school kids who are already using pot.