ELLSWORTH — A Superior Court justice has ruled that a Blue Hill man is more of a dealer than a healer by denying his motion to suppress evidence in his marijuana possession case.
Robert Boggia Jr., 27, was asking the court to suppress “any or all evidence” seized during the execution of a search warrant at his home on the Beech Hill Road in September 2011. Boggia, through his attorney, Marvin Glazier, claims the more than 1 pound of marijuana seized in the search was in his possession legally under the state’s medical marijuana laws.
In her Feb. 16 decision, Justice Ann Murray disagreed with Boggia’s contention and denied the motion.
Referring to the police affidavit used to support issuing the search warrant at Boggia’s home, Murray notes in her decision that there was enough information to suggest Boggia “grew, bought and sold a substantial quantity of marijuana.” Therefore, there was enough probable cause for the magistrate to issue the warrant, she concluded.
The affidavit details a lengthy investigation into Boggia’s alleged drug activities that began in May 2010, after an employee of a construction company reported suspicious activity at a gravel pit in Blue Hill. During the course of the investigation, drug agents linked Boggia to marijuana growing in Surry and developed information that he was having 2 to 3 pounds of marijuana mailed to him on a regular basis from California, according to the affidavit. The affidavit also states Boggia has three convictions for marijuana possession in New Hampshire and was a suspect in a marijuana cultivation case in Massachusetts.
Under the state’s medical marijuana program, a qualified patient can legally possess up to 2.5 ounces of prepared marijuana and up to six mature marijuana plants. The law also allows people who qualify as caregivers to grow and possess marijuana for up to five qualifying patients.
Boggia has been accepted into the medical marijuana program as both a patient and a caregiver, according to the prosecutor for the case, Assistant Attorney General Pat Larson.