Blake Mensing

Blake Mensing, Esq.

Blake M. Mensing brings a no-nonsense approach to cannabis law in Massachusetts. Blake earned a B.A. in Sociology from the University of Wisconsin-Madison (2005), a J.D. from American University Washington College of Law (2010), an M.A. in International Affairs with a concentration in Global Environmental Policy from American University School of International Service (2010), and an LL.M. in Environmental Law from the George Washington University Law School (2011), where he was a Randolph C. Shaw Graduate Environmental Fellow. While in law school, Blake served as the Senior Note and Comment Editor of the International Law Review and as the Co-Editor-in-Chief of Sustainable Development Law & Policy. Blake received the Dean’s Award for Professional Responsibility for exemplifying proficiency in skills and the highest ethical standards of the profession for his work in American University Washington College of Law’s nationally recognized General Practice Clinic.

Blake was admitted to the Massachusetts bar in 2010 and his legal experience includes transactional real estate, consumer protection litigation, environmental law, and municipal law. In his capacity as associate town counsel for seven towns throughout the Commonwealth, Blake has written and edited zoning and general bylaws, advised boards of selectmen on medical marijuana dispensary regulation by the Department of Public Health, worked with planning boards and zoning boards of appeal, and represented municipalities before the Massachusetts courts and administrative regulatory agencies. As a former Conservation Commissioner for the Town of Holliston, Blake was one of the local regulators charged with enforcing both the state’s Wetlands Protection Act and the town’s wetlands bylaw. Blake brings his legal and local skills to every interaction with state and local officials, which, when coupled with affability and honesty, helps to make him a different kind of lawyer.

Blake also serves on the National Cannabis Industry Association’s Education Committee.

Bar Admissions: Commonwealth of Massachusetts and U.S. District Court for the District of Massachusetts

Check out Blake M. Mensing’s Super Lawyers listing here.

Blake was also named the 2022 New England Cannabis Convention’s Massachusetts Cannabis Activist of the Year.

Highlights

• Legal committee member for the National Organization for Reform of Marijuana Laws (NORML).
• Sued the Massachusetts State Police in a suit that is credited for pushing the needle in favor of legalization in Massachusetts.
• Commonwealth v. Overmyer – As amicus curiae in the Supreme Judicial Court of Massachusetts, successfully argued that the odor unburnt marijuana alone does not constitute probable cause to search a vehicle.
• Commonwealth v. Canning – As amicus curiae in the Supreme Judicial Court of Massachusetts, successfully argued that for purposes of obtaining a search warrant, police are required to ascertain that an individual suspected of cultivating marijuana does not have a lawful medical marijuana license and a “cultivation registration” that would authorize such activity, or must provide facts at least supporting an inference of the same.
• Commonwealth v. Gerhardt - As amicus curiae in the Supreme Judicial Court of Massachusetts, successfully argued that standard field sobriety tests, as used by a majority of police officers, was designed solely to indicate alcohol intoxication, not marijuana intoxication. The standard field sobriety tests were the result of studies done by the Department of Transportation in the 70’s and 80’s, and were designed to indicate level of alcohol intoxication fairly accurately, not marijuana.
• Downing v. DPH – Represented the plaintiff in his lawsuit against the Department of Health, arguing that until medical marijuana dispensaries open in Massachusetts, people such as the Plaintiff may distribute marijuana to unlimited qualified medical marijuana patients. This case received national attention.
• Commonwealth v. DOE – Successfully argued that once qualified medical marijuana patients present police required evidence of their status, police are not allowed to further investigate situation unless there is independent evidence of probable cause or reasonable of a crime or civil violation.
• Commonwealth v. DOE – In a district court case, successfully argued that hashish is covered under the medical marijuana law, because hashish is a derivative of marijuana, and the statute allows for derivatives of marijuana to be used.
• Forfeiture cases – represented multiple clients in cases involving marijuana seizure by the government.
• Medical marijuana dispensaries – represented applicants for medical marijuana dispensaries in Massachusetts.
• Medical marijuana caregivers – advised dozens of caregivers as their duties and responsibilities under the law, and helped caregivers implement plan of action.
• Legislative drafting – helped the draft the legislation that is now our cannabis law in Massachusetts.
• Speaker - Marvin regularly speaks on radio shows, rallies, and lectures, e.g., Bill Newman Show, Extravaganja, UMass - Know Your Rights.