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Drug charges in Massachusetts are governed by Massachusetts General Laws, Chapter 94C, Section 34. Below you will find a list of common drug charges our office handles. If you have been charged with a violation of the Controlled Substance Laws, you need to speak with an experienced criminal defense lawyer like Bob today!
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Possession of a Controlled Substance
In order to be convicted of Possession of a Controlled Substance under Massachusetts criminal law, the Commonwealth must prove three things:
- that the substance in question is a controlled substance under Massachusetts criminal law
- that the defendant possessed some perceptible amount of that substance
- the defendant did so knowingly and intentionally
Possession with Intent to Distribute a Controlled Substance
In addition to the elements of possession discussed above, the Commonwealth must prove a person’s “intent to distribute [the controlled substance] to another person or persons. Under Massachusetts criminal law, Possession with Intent to Distribute a Controlled Substance is a more serious offense than Possession of a Controlled Substance, and more colloquially known as “simple possession of a controlled substance. Possession of a Controlled Substance is actually a lesser included offense within the more serious offense of Possession with Intent to Distribute a Controlled Substance.
Various factors may considered in making this determination such as:
- the quantity of drugs possessed
- purity or quality of the drugs possessed
- the street value of the drugs
- a defendant’s financial resources, how the drugs were packaged
- the presence of other items with the drugs which might suggest or be indicative of drug dealing such as cutting agents, adulterants, packaging materials, scales, drug ledgers, large amounts of cash, firearms, and other tools of the drug trade
- the location of the drugs, the reputation of the neighborhood where the drugs were located and more
Which Drugs are Controlled Substances In Massachusetts?
Under Massachusetts law, controlled substances are broken down and categorized by classes. They classes of controlled substances include Class A, Class B, Class C and Class D.
- Class A substances include: heroin, GHB (date rape drug), morphine, methamphetamine, codeine, fentanyl, opioids and ketamine.
- Class B substances include: cocaine, crack, LSD, PCP, Oxycodone, Percocet, Oxycontin, Ecstasy/MDMA, hydrochloride, amphetamine, methamphetamine
- Class C substances include: prescription drugs such as klonopin, diazepam (valium), hydrocodone (Vicodin), Ativan, Xanax, hallucinogens like psilocybin, mushrooms and mescaline, and clonazepam.
- Class D substances include: marijuana (more than one ounce) and hashish.
- Class E substances include: less powerful prescription drugs that contain lesser amount of codeine, morphine or opiates.
What are the punishments in Massachusetts if convicted of “simple possession” of a controlled substance?
The punishment under Massachusetts criminal law for Possession of a Controlled Substance may be found at Massachusetts General Laws, Chapter 94C, Section 34. Defendants convicted of unlawful possession of a controlled substance may be punished by up to one year in jail and/or a fine not exceeding $1000. Convicted offenders who possess heroin as a first offense face up two years in the house of corrections and/or a fine up to $2000. Second or subsequent offenses for possessing heroin call for a mandatory term in state prison of not less than 2 ½ years and not more than 5 years or a fine not exceeding $5000 and a term in the house of corrections of not more than 2 ½ years. If a subsequent offender is sentenced to the house of corrections for possessing heroin, there is no mandatory minimum mail. The mandatory minimum jail term only applies to state prison sentences for defendants convicted of this offense.
Under Massachusetts General Laws, Chapter 94C, Section 32L possession of one ounce or less of marijuana is considered a civil violation and not a crime. Convicted offenders must pay a civil penalty of $100.
Fentanyl and derivatives have recently been reclassified as a Class A controlled substance and carfentanil has been added as a class A controlled substance. In addition, the amendments add fentanyl, derivatives, and carfentanil to the provision of the trafficking statute, G.L. c. 94C, § 32E(c), that covers heroin, morphine, and opium. Subsection (c½), which provided an enhanced penalty for trafficking more than 10 grams of fentanyl has been amended to prohibit trafficking of 10 grams or more of any mixture that contains fentanyl or derivative of fentanyl. The penalty has also been enhanced to establish a minimum mandatory state prison sentence of no less than three and one-half years for a conviction under that section. Additionally, a new offense of trafficking in any amount of carfentanil, including a mixture containing carfentanil or any carfentanil derivative, has been created (G.L. c. 94C, § 32E(c¾)) and makes a violation punishable by up to twenty years in state prison with a mandatory minimum sentence of no less than three and one-half years. (Act §§ 49-51).
What are the punishments for PWID (possession with intent to distribute) in Massachusetts?
Punishment for Possession with Intent to Distribute a Class A Controlled Substance – Massachusetts General Laws, Chapter 94C, Section 32.
- First time offenders may be punished by a term in state prison of not more than 10 years or in a house of corrections for not more than 2 ½ years and/or by a fine ranging from $1,000 to $10,000.
- Subsequent offenders shall be punished by a term in state prison for not less than 3 ½ nor more than 15 years and/or a fine ranging from $2,500 to $25,000.
Possession with Intent to Distribute a Class B Controlled Substance – Massachusetts General Laws, Chapter 94C, Section 32A.
- First time offenders may be punished by a term in state prison of not more than 10 years or in a house of corrections for not more than 2 ½ years and/or by a fine ranging from $1,000 to $10,000.
- Subsequent offenders shall be punished by a term in state prison for not less than 2 nor more than 10 years and/or a fine ranging from $2,500 to $25,000.
The punishment for Possession with Intent to Distribute a Class C Controlled Substance – Massachusetts General Laws, Chapter 94C, Section 32B.
- First time offenders may be punished by a term in state prison of not more than 5 years or in a house of corrections for not more than 2 ½ years and/or by a fine ranging from $500 to $5,000.
- Subsequent offenders shall be punished by a term in state prison for not less than 2 ½ nor more than 10 years or a term in a house of corrections of not less than 18 months and not more than 2 ½ years.
The punishment for Possession with Intent to Distribute a Class D Controlled Substance – Massachusetts General Laws, Chapter 94C, Section 32C.
- First time offenders may be punished by a term in a house of corrections for not more than 2 years and/or by a fine ranging from $500 to $5,000.
- Subsequent offenders shall be punished by a term in a house of corrections for not less than 1 and not more than 2 ½ years and/or a fine ranging from $1,000 to $10,000.
The punishment for Possession with Intent to Distribute a Class E Controlled Substance – Massachusetts General Laws, Chapter 94C, Section 32D.
- First time offenders may be imprisoned in house of corrections for not more than 9 months and/or a fine ranging from $250 to $2,500.
- Subsequent offenders may be punished by a term in a house of corrections for not more than 1 ½ years and/or a fine ranging from $500 to $5,000.